Licensing and Regulations - Motor Salvage Operators

A motor salvage operator is a person who carries on a business which is concerned:

wholly or partly with the recovery for re-use or sale of salvageable parts from motor vehicles and the subsequent sale or other disposal for scrap of the remainder of the vehicles concerned
wholly or mainly with the purchase of written-off vehicles and their subsequent repair and re-sale
wholly or mainly with the sale or purchase of motor vehicles which are to be the subject (whether immediately or on a subsequent re-sale) of any of the activities previously mentioned.

A business shall be treated as carrying on business as a motor salvage operator in the area of the Council if:

premises in that area are occupied by it as a motor salvage yard (i.e. premises where a motor salvage operator receives or keeps vehicles - this excludes any premises where only salvageable parts of motor vehicles are received or kept);
no premises are occupied by it as a motor salvage yard (whether in that area or elsewhere) but the operator has his or her usual place of residence in that area; or
no premises are occupied by it as a motor salvage yard (whether in that area or elsewhere) but premises in that area are occupied by it wholly or partly for the purposes of that business, so far as it consists of any of the activities which fall within the definition of a motor salvage operator.

“Premises” for the purposes of Part 1 of the Vehicles (Crime) Act 2001 includes any land or other place (whether or not enclosed).

Motor salvage operator registration

Motor salvage operators in the South Hams area who require an application form should use the contact details at the foot of this page to request one. To enable the Licensing Department to respond to an application by email, applicants must make sure they say whether the business is operated as a:

sole trader
partnership
body corporate (limited companies and limited liability partnerships)

In the case of a partnership or a limited company, the team will need to know the number of partners or directors.

The fee for registration is non returnable and payment must be made at the time of application.

Fees are as follows:

Sole proprietor	£40
Partnership	£50
Body corporate (limited companies and limited liability partnerships)	£70

The registration will last for three years and a newly-completed application form will need to be submitted to the South Hams District Council two months before the expiry of any existing registration (together with the registration fee current at that time).

Application form to become a Motor Salvage Operator.

Conditions

The Council must be satisfied:
That the applicant is a fit and proper person to carry on the business of a motor salvage operator.
The Home Office guidelines indicate that anyone who is an undischarged bankrupt or who declares relevant unspent convictions will be refused registration.
Completed application forms will be submitted to Kent Police for comment.
A letter of confirmation will be sent to the applicant following registration.
A registered person is required to notify the Council of any changes to the details held on the register and to notify the cessation of business as a motor salvage operator within 28 days. Failure to do so is a criminal offence.

The Council is required to establish and maintain a register of motor salvage operators and must ensure that the contents of the register are available for inspection by members of the public at any reasonable time. The register must contain the following information:

the full name of the motor salvage operator
the names of all the directors if the business is undertaken by a body corporate or the names of all partners, if the business is undertaken by a partnership
the address
if the operator is a body corporate, of its registered or principal office
of each place in the administrative area of the council which is occupied by the motor salvage operator wholly, mainly or partly for the purpose of carrying on a business as defined in Section 1(2) of the Vehicles (Crime) Act 2001.

Notes to assist in the completion of the form

Applicants should ensure that they have the correct application form(s) to register their business. Different forms are provided for each type of legal entity, namely, sole proprietor, partnership and body corporate. If the business is a partnership or body corporate, each partner or director will need to complete a separate part B form.

For further information please contact:

The Licensing Manager
South Hams District Council
Follaton House
Plymouth Road
Totnes
Devon
TQ9 5NE

Tel: 01803 861234 or e-mail licensing@southhams.gov.uk