Trading standards

The Trading Standards Team, on behalf of Medway Council and with the co-operation and support of Kent County Constabulary, promoted the Medway Act 2001 (www.legislation.hmso.gov.uk/acts/locact01/20010004.htm).

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 new 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 to make it more difficult for criminals to dispose of stolen property because dealers in secondhand goods will need to be registered and to 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. Assistance with completing the form can be found by using the link at the top of this page.

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 print out, complete and send the notification of an occasional sale (or boot fair) form to the council at least 21 days before the event.

The form is also available as a pdf. Download the form (pdf 72KB) here. 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 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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