Nottingham City Council Bill [HL]—continued
Part 2—continued
        House of Lords

 

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7      Exemptions under Part 2

This Part of this Act shall not apply to—

(a)    any person engaged in a business carried on by a group, organisation or body registered as a charity under section 3 of the Charities Act 1993 (c. 10) or excepted from registration by virtue of subsection (5) of that section; or
(b)    a person in respect of whom particulars are registered under the Scrap Metal Dealers Act 1964 (c. 69), in respect of his business as a scrap metal dealer or under the Vehicles (Crime) Act 2001 (c. 3), in respect of his business as a motor salvage operator; or
(c)    a person engaged in business as a dealer in waste paper, cardboard, textiles, plastics in bulk or second-hand clothes, in respect of his business as such; or
(d)    a person engaged in the business of either financing the acquisition of goods by means of hire-purchase agreements, conditional sale agreements or credit-sale agreements (as defined in section 189(1) of the Consumer Credit Act 1974 (c. 39)) or of financing the use of goods by means of bailment agreements, in respect of any such business or any transaction incidental thereto; or
(e)    a pawnbroker, in respect of his business as such; or
(f)    a person engaged in a business of which the primary purpose is the supply of new unused goods and to which the supply of second-hand or used goods is merely incidental; or
(g)    a person engaged in business as a dealer in second-hand books, in respect of his business as such; or
(h)    a person engaged in business as a dealer in animals, in respect of his business as such; or
(i)    a person of a class which is by resolution of the council excluded from the operation of this Part of this Act;
    and for the purposes of this Part of this Act a person is not to be treated as carrying on the business of a dealer in second-hand goods merely because occasionally he enters into transactions appropriate to a business of that sort.

8      Application to existing dealers in second-hand goods

Where—

(a)    a person is carrying on the business of a dealer in second-hand goods on the appointed day; and
(b)    application for the registration of himself or, where he is carrying on that business in premises in the city occupied by him, for the registration both of himself and of those premises is made within four weeks of that day,
    it shall be lawful for him to carry on that business, and, where he is carrying on that business in premises specified in his application, to carry it on in those premises, until the issue of his certificate of registration.

9      Renewal of registration

It shall be lawful for a person who—

(a)    has obtained or renewed such registrations as are required under this Part of this Act; and
(b)    prior to the expiry of any such registration has applied for its renewal;
    to continue to carry on the business of a dealer in second-hand goods and to continue to use for that purpose any premises specified in his last certificate of registration, until he is issued with a new certificate.

PART 3

OCCASIONAL SALES AND SQUAT TRADING

10     Notice of occasional sales and squat trading

(1)    Any person who intends—
(a)    to hold an occasional sale in the city; or
(b)    to permit an occasional sale to be held on premises in the city of which he is the occupier; or
(c)    to carry out squat trading in the city;
    shall, not less than 21 days before the holding of the intended sale or the commencement of the trading, give to the council notice of his intention to hold the sale or to permit those premises to be so used or to carry out the trading, as the case may be.
(2)    A notice given under subsection (1) shall be in writing and shall specify—
(a)    the proposed date and time of commencement, expected duration and location of the intended occasional sale or squat trading;
(b)    whether the occasional sale or squat trading is to be held on other days and if so, what days, and the time of commencement and expected duration on those days;
(c)    the extent of the premises to be occupied or used for the purposes of the occasional sale or squat trading;
(d)    the nature of the goods to be provided at the occasional sale or during the squat trading;
(e)    the name and address (other than an address temporarily occupied for the purposes of the occasional sale) of every person who it is proposed will hold or promote the occasional sale or carry out the squat trading, and the name and address of a person appointed to receive and answer complaints about the sale or trading; and
(f)    in the case of an occasional sale, an estimate of the number of persons expected to attend the sale.
(3)    If the council has reason to believe that an occasional sale is to be held or that squat trading is to be carried out in the city but that no notice has been given under subsection (1) by the relevant person, they may as soon as reasonably practicable after the apparent intention to hold the sale or carry out the trading has come to their knowledge, serve on—
(a)    the person who appears to be the relevant person; or
(b)    the occupier of any premises on or in which it appears that such sale is to be, is being or was held;
    a notice requiring that person to give to the council the information required by subsection (2).
(4)    Any person on whom a notice given under subsection (3) is served shall supply to the council the information required by subsection (2) within 7 days after the service of the notice, whether or not the occasional sale or squat trading commences before the expiry of that period.
(5)    If the council has reason to believe that an occasional sale has been or is being held or that squat trading has been or is being carried out in the city but that no notice has been given under subsection (1) by the relevant person, they may as soon as reasonably practicable after the holding of the sale or the carrying out of the trading has come to their knowledge, serve on—
(a)    the person who appears to be the relevant person; or
(b)    the occupier of any premises on or in which it appears that such sale is being or was held;
    a notice requiring that person to give to the council the information mentioned in subsection (6).
(6)    The information required by subsection (5) is—
(a)    the date and time of commencement and location of the occasional sale or squat trading;
(b)    the duration or (in the case where an occasional sale is being held or the squat trading is being carried out) expected duration of the occasional sale or squat trading;
(c)    whether the occasional sale or squat trading is to be held on other days and if so, what days, and the time of commencement and expected duration on those days;
(d)    the extent of the premises occupied or used for the purposes of the occasional sale or squat trading;
(e)    the nature of the goods provided at the occasional sale or during the squat trading;
(f)    the name and address (other than an address temporarily occupied for the purposes of the occasional sale) of every person who is holding or held or is promoting or promoted the occasional sale or is carrying out or carried out the squat trading, and the name and address of a person (if any) appointed to receive and answer complaints about the sale or trading; and
(g)    in the case of an occasional sale, an estimate of the number of persons attending, or who attended, the sale.
(7)    The information required by subsection (5) shall be supplied by the person on whom the notice is served within 7 days after the service of the notice, except in the case where the sale is being held or the trading is being carried out in which case the information should be supplied forthwith.
(8)    The “relevant person” for the purposes of subsections (3) and (5) is—
(a)    in the case of an occasional sale, the person who is intending to hold, is holding or held the occasional sale; and
(b)    in the case of squat trading, the person who is intending to carry out, is carrying out or carried out the trading.

11     Information to be kept by holder of certain occasional sales

(1)    In the case where an occasional sale (other than an auction) is an event at which there is more than one seller or supplier of goods (being persons other than the person who holds the sale), the person who holds the sale shall ensure that the information specified in subsection (2) is entered in a record kept by him for the purpose of this section.
(2)    The information to be entered under subsection (1) is, for each seller or supplier—
(a)    if the seller or supplier is registered under section 4 (Registration of dealers in second-hand goods and premises) of this Act or any other enactment of local application providing for the registration of dealers in second-hand goods, and a number appears on his certificate of registration, that number; or
(b)    in any other case—
(i)    the name and address of the seller or supplier;
(ii)    an entry describing whether the goods being exposed for supply or offered to the public by the seller or supplier are new or second-hand goods or both; and
(iii)    the registered number in respect of any vehicle in or on which those goods were carried to the sale.
(3)    Every entry made in every record kept by a person in pursuance of this section shall be retained by him until the end of the period of two years beginning with the day on which the entry was made in the record.
(4)    A person who keeps a record in pursuance of this section shall on demand, unless he has a reasonable excuse not to do so, produce the record to an authorised officer or to a constable.
(5)    In this section “seller” and “supplier” mean respectively a seller or supplier with whom the person who holds the sale has made arrangements (whether or not on payment of a charge or fee) for the right to sell or supply goods at the sale, whether or not from a stall or pitch.

12     Display of name and address

(1)    Any person who holds, promotes or conducts an occasional sale or carries out squat trading shall in a prominent position on a part of the premises in which the sale or trading takes place and for the duration of the sale or trading display—
(a)    his full name and his business address; and
(b)    the full name and the business address of any other person concerned in the holding, or promotion of the occasional sale or, as the case may be, the carrying out of the trading.
(2)    Any person who holds or promotes an occasional sale or promotes or carries out squat trading shall display on all notices, leaflets and posters given, distributed or exhibited by him or on his behalf in connection with the sale or the trading, his full name and his business address.

13     Offences under Part 3

(1)    Any person who contravenes any provision of this Part of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(2)    A person shall be guilty of an offence if, in giving any information which is required of him by virtue of section 10 (Notice of occasional sales and squat trading) of this Act—
(a)    he makes any statement which he knows is false in a material particular; or
(b)    he recklessly makes a statement which is false in a material particular.
(3)    A person who holds an occasional sale shall be guilty of an offence if, in entering any information in a record kept by him pursuant to section 11 (Information to be kept by holder of certain occasional sales) of this Act—
(a)    he makes any statement which he knows is false in a material particular; or
(b)    he recklessly makes a statement which is false in a material particular.
(4)    A person guilty of an offence under subsection (2) or (3) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(5)    If, in response to a request made by the holder of an occasional sale for the purpose of ascertaining the information required to be kept by him pursuant to section 11, a seller or supplier of goods or services intentionally gives that person—
(a)    a false name;
(b)    a false address;
(c)    a false registered number; or
(d)    false information relating to any certificate of registration,
    he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

PART 4

MISCELLANEOUS AND GENERAL

14     Power to enter premises and inspect and seize goods and documents

(1)    Subject to subsection (2), an authorised officer, on production, if required, of his credentials, or a constable, may at all reasonable hours exercise the following powers—
(a)    he may, for the purpose of ascertaining whether any offence under this Act has been committed, inspect any goods and records and enter any premises;
(b)    if he has reasonable cause to suspect that an offence under this Act has been committed, he may, for the purpose of ascertaining whether it has been committed, require any person carrying on a trade or business or employed in connection with a trade or business to produce any records relating to the trade or business and may take copies of, or of any entry in, any such record;
(c)    if he has reasonable cause to believe that an offence under this Act has been committed, he may seize and detain any goods for the purpose of ascertaining whether the offence has been committed;
(d)    he may seize and detain any goods or records which he has reason to believe may be required as evidence in proceedings for an offence under this Act;
(e)    he may, for the purposes of exercising his powers under this subsection to seize goods, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of this Act are duly observed, require any person having authority to do so to break open any container and, if that person does not comply with the requirement, he may do so himself.
(2)    An authorised officer or constable may not enter a dwelling in the exercise of his powers under this section without the consent of the occupier unless he has obtained a warrant under subsection (4).
(3)    An authorised officer or constable seizing any goods or documents in the exercise of his powers under this section shall inform the person from whom they are seized.
(4)    If a justice of the peace, on sworn information in writing—
(a)    is satisfied that there is reasonable ground to believe either—
(i)    that any goods or records which a duly authorised officer has power under this section to inspect are on any premises; or
(ii)    that any offence under this Act has been, is being or is about to be committed on any premises; and
(b)    is also satisfied either—
(i)    that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this subsection has been given to the occupier; or
(ii)    that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,
    the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise an officer of the council or a constable to enter the premises, if need be by force.
(5)    An authorised officer or a constable entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant under the preceding subsection he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.
(6)    If any person who is not a duly authorised officer of the council or a constable purports to act as such under this section he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(7)    Nothing in this section shall be taken—
(a)    to compel the production by any person of items subject to legal privilege, excluded material or special procedure material; or
(b)    to authorise the taking of any such items or material in the possession of that person.
(8)    In this section, “items subject to legal privilege”, “excluded material” and “special procedure material” have the meaning given to them by Part II of the Police and Criminal Evidence Act 1984 (c. 60).
 

 
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Prepared 29 April 2003