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The Medway Act 2001
The Trading Standards Team, on behalf of Medway Council and with
the co-operation and support of Kent County Constabulary, promoted
the Medway Council Act 2001 (www.legislation.gov.uk/ukla/2001/4/contents/enacted).
After nearly three years of consultation and progress through
the parliamentary process, the Act came into force on 1 December
2001. An identical act was promoted by Kent County Council, so the
same provisions apply throughout the whole geographical county of
Kent.
Dealers in second hand goods should know about this piece
of legislation. More information can be found on the Trading
Standards Team website (www.tradingstandards.gov.uk/cgi-bin/medway/newsitem.cgi?file=busi0001.txt).
The aims of the Act
The Act aims to regulate the trade in secondhand goods
and make it more difficult for criminals to dispose of stolen
property because dealers in secondhand goods will need to be
registered and keep records. Legitimate traders have nothing
to fear from the Act and in fact stand to gain in both trade and
reputation, as dishonest traders are forced out of the market.
Secondhand dealers are able to
register online. Find out how to
complete the form. The legislation will also affect occasional
sales (which includes events such as boot fairs, markets and one
day sales).
Notification of an occasional sale (or boot fair)
Both the person holding the sale and the occupier of the
premises on which the sale is due to take place must download,
complete and send the notification of an occasional sale (or boot
fair) form (pdf 46KB) to
the council at least 21 days before the event. To use this file you
will need Adobe Acrobat Reader. If you do not have this on your
computer please use our advice page.
The Act can be changed
The Act allows Medway Council to amend the way that the
record-keeping system works, providing the Secretary of State for
Business, Innovation and Skills approves.
Goods that must be recorded
These include:
- electrical or battery powered goods;
- any medium on which sound, images or other data may be stored
or recorded and which is intended for use with any such goods.
The following goods must be recorded if, in the reasonable
opinion of the dealer at the time of the transaction, they are to
be sold or offered for sale for more than £10:
- vehicle parts;
- jewellery;
- watches;
- photographic equipment;
- sports equipment;
- equestrian equipment;
- boating equipment;
- musical equipment;
- tools;
- bicycles;
- optical equipment;
- firearms;
- gardening equipment.
Goods that must be recorded if, in the reasonable opinion of the
dealer at the time of the transaction, they are to be sold or
offered for sale for more than £50 include:
- all goods not previously mentioned.
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