HL Deb 22 June 1964 vol 259 cc12-4

2.58 p.m.

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Auckland.)

On Question, Motion agreed to.

House in Committee accordingly.

[The LORD MERTHYR in the Chair.]

Clauses 1 and 2 agreed to.

Clause 3 [Special provisions as to records in certain cases]:

LORD AUCKLANDmoved to add to subsection (5): (d) subsection (4) of that section shall be omitted, and any particulars required to be entered in a book by virtue of this subsection shall be so entered as soon as is practicable.

The noble Lord said: Your Lordships will recall that on the Second Reading of this Bill an undertaking was given by the Government that there would be some amendment of the wording of Clause 2 of the Bill. Clause 2(4) of the Bill obliges a dealer to enter records immediately after the receipt of scrap metal at the place in question. This was considered to be difficult in the case of the itinerant scrap dealer, and therefore, under this Amendment, instead of having to note these particulars immediately he will have to register them at a suitable time as soon as possible after the metal has been received. I hope that the Amendment will clarify the situation and close what may have been a loophole for unscrupulous dealers. I beg to move.

Amendment moved— Page 6, line 33, at end insert the said paragraph.—(Lord Auckland.)

LORD LINDGREN

As has been said by the noble Lord, this Amendment largely meets points raised, both in another place and in this House, and I thank him for giving consideration to the representations made. We support the Amendment.

On Question, Amendment agreed to.

LORD AUCKLANDmoved to add to the clause: (6) Where a scrap metal dealer occupies a place as a scrap metal store, but for the time being no order under subsection (1) of this section is in force exempting him from the requirements of the last preceding section, and any scrap metal is, for the purposes of his business as a scrap metal dealer, received otherwise than at a place so occupied by him and is disposed of in the course of that business without its being received at such a place, then—

  1. (a) the obligation imposed by subsection (1) of the last preceding section to enter particulars in a book or books shall extend to the entry, as soon as is practicable, of the like particulars with respect to that scrap metal as would be required by subsections (2) and (3) of the last preceding section if they were modified so that—
    1. (i) any reference therein to the receipt of scrap metal at a place were construed as a reference to the receipt of scrap metal for the purposes of that business; and
    2. (ii) any reference therein to the processing of scrap metal at a place or to the despatch of scrap metal from a place, were construed as a reference to the disposal of scrap metal in the course of that business;
  2. (b) if the dealer occupies more than one place as a scrap metal store, the particulars required by virtue of the preceding paragraph shall be entered in the book or books kept by him under the last preceding section at such of the places so occupied by him as is the nearer, or, as the case may be, the nearest, to the place at which the scrap metal is received for the purposes aforesaid; and
  3. (c) subsection (4) of the last preceding section shall not have effect in relation to the particulars so required."

The noble Lord said: This again is an Amendment to meet difficulties which were brought up in another place and is designed to make Clauses 2 and 3 more workable. The extension of the Bill to cover this type of transaction is effected by the insertion in Clause 3 of an additional subsection which, subject to certain modifications, enables a dealer to take scrap metal for his business otherwise than in the store. The particulars related to the receipt of scrap metal will require, in the case of the dealer who has more than one store, to be entered in the book which is kept at the store which is nearer, or nearest, to the place where the metal is received. It is hoped that this subsection will catch any dealer who fails to keep proper records, and thereby, as I tried to explain on the Second Reading of the Bill, ensure that the good and honest scrap metal dealer gets a much better name than he now has in some quarters. I beg to move.

Amendment moved— Page 6, line 33, at end insert the said subsection.—(Lord Auckland.)

LORD LINDGREN

I would again express appreciation at this new subsection. As the noble Lord has said, it meets points raised, and it reduces the duplication that would otherwise have been necessary in the records of merchants who have more than one depot in which to deal. We support the Amendment.

On Question, Amendment agreed to.

Clause 3, as amended, agreed to.

Remaining clauses and Schedule agreed to.

House resumed: Bill reported, with Amendments.

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