Schedule 1 - Further provision about licences

Scrap Metal Dealers bill – in a Public Bill Committee at 10:00 am on 12th September 2012.

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Amendments made: 50, in schedule 1, page 12, line 21, leave out paragraph 2.

Amendment 51, in schedule 1, page 12, line 28, leave out from ‘renewed’ to ‘must’ in line 30 and insert ‘on an application, which’.

Amendment 52, in schedule 1, page 13, line 3, leave out paragraph (d) and insert ‘( ) any proposed trading name,’.

Amendment 53, in schedule 1, page 13, line 23, leave out ‘site manager’ and insert

‘individual proposed to be named in the licence as a site manager’.

Amendment 54, in schedule 1, page 13, line 26, leave out ‘site manager’ and insert

‘individual proposed to be named in the licence as a site manager’.

Amendment 55, in schedule 1, page 13, line 28, leave out sub-paragraph (5).

Amendment 56, in schedule 1, page 13, line 31, at end insert—

‘Variation of licence

3A (1) A local authority may, on an application, vary a licence by changing it from one type to the other.

(2) If there is a change in any of the matters mentioned in section 2(4)(a) to (c) or (6)(a), the licensee must make an application to vary the licence accordingly.

(3) But the power to amend the name of the licensee does not include the power to transfer the licence from one person to another.

(4) An application under this paragraph—

(a) is to be made to the authority which issued the licence, and

(b) must contain particulars of the changes to be made to the licence.

(5) A licensee who fails to comply with sub-paragraph (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) It is a defence for a person charged with an offence under this paragraph to prove that the person took all reasonable steps to avoid committing the offence.’.

Amendment 57, in schedule 1, page 14, line 2, leave out from ‘authority’ to end of line 4 and insert—

‘(2) In setting a fee under this paragraph, the authority must have regard to any guidance issued from time to time by the Secretary of State with the approval of the Treasury.’.

Amendment 58, in schedule 1, page 14, line 7, after ‘paragraph 3’, insert ‘or 3A’.

Amendment 59, in schedule 1, page 15, line 5, at end insert ‘or 3A’.

Amendment 60, in schedule 1, page 15, line 6, after ‘against’, insert


( ) the inclusion in a licence of a condition under section 3(8), or

( ) ’.

Amendment 61, in schedule 1, page 15, line 10, after ‘application,’, insert ‘to include the condition,’.— (Mr Jeremy Browne.)

Question proposed, That the schedule, as amended, be the First schedule to the Bill.

Photo of David Winnick David Winnick Labour, Walsall North

When I spoke on Second Reading, I mentioned the financial difficulties that local authorities may well have in implementing the Act. I do not know whether there is any reason to repeat what I said yesterday, but as my hon. Friend the Member for Nottingham North is here, I state that I fully support the measure. As I said yesterday, even his remarks will not provoke me into any form of controversy—and I note where he is sitting today, as I did yesterday.

To come to the relevant point, as hon. Members will see, on page 14, the schedule says:

“An application must be accompanied by a fee set by the authority, which must not exceed the amount set out in, or determined by, regulations made by the Secretary of State.”

Although my amendment 17 to the schedule was not moved—I will not go into that—I hope that the Minister, who obviously was not the Minister present on Second Reading, will bear in mind local authorities’ strong feeling that a national cap is not really necessary, and that they should be able to set a fee at their discretion.

Photo of Jeremy Browne Jeremy Browne The Minister of State, Home Department

I remind the hon. Gentleman that the Committee agreed yesterday to an amendment to remove the cap. Those fears have, I hope, been allayed by that decision.

Photo of David Winnick David Winnick Labour, Walsall North

I am very pleased about that. This may have been referred to in my absence yesterday, but if there is a feeling that local authorities could abuse the position, the EU services directive makes it clear that local authorities have certain responsibilities, which include not charging a fee that would be considered exorbitant. I am pleased that action is being taken, because local authorities face a very harsh financial regime, for reasons that we all know. The flexibility that the Minister indicated there would be yesterday is to be welcomed.

Question put and agreed to.

Schedule 1, as amended, accordingly agreed to.

Schedule 2 agreed to.

Bill, as amended, to be reported.

Committee rose.