These regulations are the Secondhand Dealers and Pawnbrokers Regulations 2005.

These regulations come into force on 1 April 2005.

In these regulations,—

For the purposes of the Act, a local authority is not engaged in business as a secondhand dealer when selling secondhand articles or scrap metal.

In this regulation, local authority has the same meaning as in the Local Government Act 2002.

For the purposes of the Act, a person who acquires secondhand whiteware as a trade-in when selling new goods is not engaged in business as a secondhand dealer when selling that whiteware.

For the purposes of the Act, a licensed dealer is not engaged in business as a secondhand dealer when selling firearms.

In this regulation, firearm and licensed dealer have the same meanings as in section 2 of the Arms Act 1983.

The fees payable for applications are as follows:

If a licence has been issued to a company under section 10 of the Act and a Licensing Authority is subsequently required to amend the licence under section 17 of the Act to account for a new director of the company,—

The fees prescribed in these regulations are inclusive of goods and services tax.

The photograph required under section 8(3) of the Act (to accompany a licence application by an individual) and section 21(1)(b) of the Act (to accompany a certificate application) must be a standard passport size photograph, that is,—

An application for a licence made by an individual must contain, in addition to the information required under section 8(3) of the Act, the following information about the applicant:

If an individual applying for a licence is in partnership, in addition to the full name and date of birth of every partner in the partnership (as required under section 8(3)(e) of the Act), the application for the licence must contain the following information about every partner of the applicant:

An application for a licence made by a company must contain, in addition to the full name and date of birth of every person involved in the management of the company (as required under section 8(4)(d) of the Act), the following information about every person involved in the management of the company:

An application for a certificate must contain, in addition to the information required under section 21 of the Act, the following contact details of the applicant:

The requirements of section 42(2) of the Act in regard to the information shown in a dealers record do not apply to items in which the copper is of negligible commercial value, unless that item is otherwise an article.

The requirements of section 42(2) of the Act in regard to the information shown in a dealers record do not apply to any article the dealer acquires free of charge.

If a dealer acquires goods in one of the situations set out in section 43(3) of the Act (where the dealer need not obtain evidence of the identity of a person from whom goods are acquired), the dealers record need not show the full name, contact address, and contact telephone number (if any) of the person from whom the dealer acquired the goods.

The dealers record must show the auction name, address of the auction, and item lot number (if any) for any goods that the licensed secondhand dealer acquires in the situation set out in section 43(3)(a) of the Act (which relates to some public auctions).

The dealers record must show the website address, on-line trading identity, and email address of the seller from whom a licensed secondhand dealer acquires goods in the situation set out in section 43(3)(b) of the Act (which relates to some Internet auctions).

The dealers record must show the address at which a licensed secondhand dealer acquires goods in the situation set out in section 43(3)(c) of the Act (which relates to some garage sales).

The dealers record of a dealer who, in the course of business as a secondhand dealer, acquires an article from a retail outlet need not show the information listed in section 42(2)(a) of the Act (which relates to the identity of the person from whom the article is acquired), but must show—

A dealer who acquires an article free of charge need not obtain evidence of the identity of the person from whom the article is acquired.

A dealer who, in the course of business as a secondhand dealer, acquires a secondhand article from a retail outlet need not obtain evidence of the identity of the retailer.

The label required to be affixed to an article must be in the form set out in the Schedule, and may include additional information, such as the price and description of the article.

The label required to be affixed to pawned goods must be in the form set out in the Schedule, and may include additional information.

An Internet auction website on which a pawnbroker offers pawned goods for sale under section 63 of the Act must be a website run by a person who is not—

An Internet auction providers record must show, in addition to the information required under section 69(2)(a) of the Act, the on-line trading identity and IP address (that is, the Internet Protocol address) of every person offering secondhand articles or scrap metal for sale on the Internet auction provider’s website.

The annual report of the Licensing Authority must include the following matters:

In this regulation, transitional licence has the same meaning as it has in section 85 of the Act.

An auctioneer who holds a transitional licence under the Act is not engaged in business as a secondhand dealer solely because he or she sells secondhand articles or scrap metal at a public auction conducted by him or her.