Motor Salvage Operators Regulations Toolkit
How do I implement Motor Salvage Operators Regulations? How do I implement Motor Salvage Operators Regulations?
This part of the toolkit explains how to implement the Motor Salvage Operators Regulations.
It covers:
The guidance in this toolkit does not constitute legal advice. If you are not sure about the application or interpretation of the legislation, you should contact a legal adviser.
Who is responsible for setting up a register
The Vehicles (Crime) Act 2001, Section 2 requires every local authority to establish and maintain a register of all motor salvage operators in their area.
How to set up a register
The task of setting up the register must be assigned to an appropriate officer in your local authority.
You should agree with your local police force how your organisations will work together to make sure that registration applications are processed efficiently.
Ideally, there should be a single point of contact in each organisation to ensure good liaison.
What the register must contain
The Motor Salvage Operators Regulations 2002 sets out the information that must be recorded in the register about each motor salvage operator:
the applicant's full name and date of birth or the names and dates of birth of all directors or partners of the business if it is a partnership or body corporate
the usual residential address of each applicant, director or partner in the business
the address of each place in the local authority's administrative area which is occupied by the applicant wholly, mainly or partly for the purpose of carrying on a business as defined in Section 1(2) of the 2001 Act
This information must be collected at the time of application.
Details of all operators who have been registered must be passed to the single point of contact in the police to make sure that they have up-to-date details. Similarly, notifications of any changes to the operator's details should also be passed to the police as well as amendments made to the official register.
Holding the register
The Vehicles (Crime) Act 2001 requires that the register is available for members of the public to inspect at all reasonable times. It allows local authorities to charge a reasonable fee for access.
It is anticipated that the number of people requesting access will be minimal and therefore local authorities may decide that charging is unnecessary.
The Act also allows local authorities to charge a reasonable fee for certified copies of register entries.
Example
A local authority charges £10 per certified copy of register entries up to a maximum of 5 copies. Other copies are charged in accordance with the local authority's published scales for charging for copying documents.
You can find out more about fees in Guidance issued by the Local Government Association and the Home Office in 2002
Some local authorities make their register available on their website, such as Basingstoke & Deane Borough Council
What the application must include
The Motor Salvage Operators Regulations 2002 require certain information to be gathered from each applicant to determine whether they are "fit and proper" people to operate a motor salvage business.
This includes:
the applicant's full name and date of birth or the names and dates of birth of all directors or partners of the business if it is a partnership or body corporate
the usual residential address of each applicant, director or partner in the business
the address of each place in the local authority's administrative area which is occupied by the applicant wholly, mainly or partly for the purpose of carrying on a business as defined in Section 1(2) of the 2001 Act
whether it is an initial application to register or an application for renewal of registration
whether any previous application for registration has been refused and, if so, by which local authority and why
details of any convictions for any offence under Part 1 of the 2001 Act
details of any conviction for any offence specified in an Order made by the Secretary of State in pursuance of his power under Section 3(4)(b) of the 2001 Act
whether the applicant, or any of the directors or partners business, is bankrupt.
Some local authorities have designed their own application forms to gather this information. You could make application forms available on your local authority website or give an email address where they can be requested.
The police may also require a standard vetting form or police check to be completed by applicants when the make their application - this can speed up the registration process.
Responsibility for the register could be given to a number of different departments within the local authority but whichever department has responsibility, it is crucial that applicants know who they have to contact and where and how to contact them.
You should make this information available on your local authority website and make sure that your switchboard operator knows which department has responsibility to prevent complaints.
Whoever takes responsibility for the register and whatever application process you use, you must make sure that your local process for applying to register is explicit and well publicised.
Show me some examples of application forms
Processing applications
In many cases, processing applications will be a straightforward administrative procedure that can be set out in a flow chart or checklist to help those given the task.
Some local authorities have developed standard template letters to:
-
acknowledge receipt of applications/payments
-
notify results and inform of decisions to refuse registration
These templates leave space so that details specific to the application in question can be included.
Show me some examples of template letters
Refusing applications
Local authorities should work on the principle that an applicant should be registered unless:
the application form is incomplete
the appropriate fee has not been paid
you are not satisfied that the applicant is a 'fit and proper' person to carry on the business of a motor salvage operator
If an application to register or renew registration is going to be refused, there are set procedures which must be adhered to.
These are set out in Section
5, Part 1 of the Vehicles (Crime) Act 2001. This also applies to the
cancellation of existing registrations.
The main provisions of the Act are:
The local authority should inform the operator of the refusal/cancellation, with reasons, and give the operator not less than 14 days to notify the authority whether they wish to make representations or not.
If the notice period above elapses or the operator notifies the authority that they does not wish to make any representations, the authority can proceed with the refusal/cancellation.
If the operator notifies the authority that they do wish to make representations, the authority must allow a reasonable period of time for representations to be made, which may be made orally or in writing.
If the authority proceeds with the refusal/cancellation, they must inform the operator of their decision, provide information on rights to appeal against the decision, the time within which an appeal may be made and, in the case of cancellation, the date on which the cancellation comes into force.
Cancellation of registration is covered in Section 4 of the Vehicles (Crime) Act 2001 and assumes that the authority or police have received new information since application to register or renew that the person is not a 'fit and proper' person to run a motor salvage operation or is no longer carrying on business as a motor salvage operator.
Appeals
Operators can appeal against refusals/cancellations to a magistrates' court within 21 days of the day that they are served notice of the refusal or cancellation.
The appeals process is set out in Section 6 of the Vehicles (Crime) Act 2001.
Operators can appeal by way of a complaint for an order in the magistrates'
court. This is in accordance with the Magistrates' Courts Act 1980 (c.43).
The magistrates' court may confirm, vary or reverse the local authority's
decision and may give directions as it considers appropriate. The local
authority must comply with any directions given by the magistrates' court but
need not do so until:
The time for making an application under Section 111 of the Magistrates' Courts Act 1980 (application by way of case stated) has passed; or
If such an application has been made, until the final determination or withdrawal of the application.
Examples:
In Kent an appeal has already been completed with magistrates confirming the authority's decision to refuse registration.
Devon and Cornwall had an applicant who began appeal proceedings following a refusal but withdrew at the last moment.
Re-registration after refusal or cancellation of registration
Local authorities can refuse to consider a further application for registration or renewal from an applicant whom they have refused as not being a 'fit and proper' person for a period of 3 years from the date of that refusal.
This right is covered in:
Setting fees and the payment process
Vehicles (Crime) Act 2001 allows local authorities to set a fee for applications that recovers "reasonable costs incurred by them in connection with the administration of this Part" (section 3(2) of Part 1 of the Act).
The Act also allows local authorities to set different fees in different circumstances.
Guidance issued by the Local Government Association and the Home Office in 2002 sets out model fees that were thought to be "reasonable". These are based on 3 assumptions:
The local authorities duty should be straightforward to fulfill and generally should be delegated to officers at an appropriate level
The number of businesses involved nationally is only around 3,500, which is an average of less than 10 per local authority
The total administration time for 90% of applications should be in the order of 1.5 hours per application
The model fees included all employee and associated on-costs together with an additional amount for unforeseen administration or occasions where registration may need to be cancelled.
Renewal applications
Motor salvage operators are obliged to:
-
renew their registration every 3 years
-
report any changes during the registration period
It is in the interest of the local authority to remind operators that renewal is due at least 2 months before the registration is due to expire. A letter of confirmation at the time of initial registration should give the registration's expiry date and state the need to apply for renewal 2 months before that date, but a reminder letter could also point out that it is an offence to be unregistered.
The reminder letter could also include details of how to obtain a current application form.
How to locate local motor salvage operators
You will have to actively locate motor salvage operators in your area and encourage them to register.
You cannot rely on publicising the regulations and the application process in your area.
Operators of businesses that are not wholly legitimate may be reluctant to register and some smaller operators might delay registration for as long as possible because of the registration fees. Any operator who fails to register can be prosecuted under the Vehicle (Crime) Act 2001 for operating without being registered.
The majority of operators will market themselves somehow to attract potential customers and/or scrap vehicles for breaking, so if you are proactive you should be able to find them.
You should try:
Desk-based research
Contacting other organisations or departments in your local authority
Going out and about
Internet searches
Tell me more about how to find Motor Salvage Operators in my area
Potential barriers to implementation
In 2004, the Home Office commissioned MORI to conduct a survey to identify the progress that police forces and the 200 highest crime local authorities have made in implementing the regulations and the obstacles they have faced.
The main barriers identified by local authorities were:
Lack of time and resources
Lack of awareness of the regulations
Difficulties locating motor salvage operators
Lack of awareness of the regulations in the motor salvage trade
Locating the correct police department to conduct the vetting
Low police priority and lack of police action
Difficulties with protocols to be agreed between police and local authorities
Determining the meaning of "fit and proper"
The main barriers identified by the police were:
Belief that local authorities are not doing enough
Sense that is too early to enforce the regulations because many operators are still not registered
Lack of resources
Confusion about who should carries out vetting
Lack of vetting guidance
Lack of standard vetting forms
Tell me more about these barriers & give me some solutions
Last update: 18 October 2004