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Secondhand Dealers and Pawnbrokers Act 2004
Licensing Authorities of secondhand dealers and pawnbrokers, and miscellaneous provisions
Licensing Authorities and Deputy Licensing Authorities
73: Immunity

Part 1:
Preliminary provisions

2Commencement 3Purpose 4Interpretation 5Act binds the Crown

Part 2:
Licences and certificates

Part 3:
Obligations of licence holders, promoters, and Internet auction providers

Obligations of all licence holders

Licences and records

36Obligation to show and to display licence 37Employee records 38Police access to employee records

Goods

39Obligation to report and hold stolen goods 40Police may issue hold notice 41Obligation to give Police access to goods

Obligations of licensed secondhand dealers

Records and verification of identity

42Dealers record 43Verifying identity 44Storage of dealers record 45Police access to dealers record

Secondhand dealing

46Secondhand dealers not to enter into buyback contracts 47Articles to be kept for 10 working days 48Articles to be labelled 49Modification of rules where groups of articles acquired as single item 50Offences relating to secondhand dealing

Obligations of licensed pawnbrokers

Records and verification of identity

51Pawnbrokers record 52Verifying identity of pledgers 53Storage of pawnbrokers record 54Police access to pawnbrokers record

Pawnbroking

55Pawnbrokers not to enter into buyback contracts 56Pawnbrokers to enter into contracts only at pawnbroking premises 57Redemption price 58Redemption date 59Pledge tickets 60Pawned goods to be retained until redemption date 61Pawned goods to be labelled 62Right of pledger to redeem and inspect pawned goods 63Right of pawnbroker to sell unredeemed goods after redemption date and retain redemption price 64What happens if sale price is greater than redemption price 65Miscellaneous rules about pawnbroking 66Sale of goods by pledger to pawnbroker 67Offences relating to pawnbroking

Obligations of promoters and Internet auction providers

Records

68Promoters record 69Internet auction providers record

Part 4:
Licensing Authorities of secondhand dealers and pawnbrokers, and miscellaneous provisions

Licensing Authorities and Deputy Licensing Authorities

70Appointment of Licensing Authorities 71Deputy Licensing Authorities 72Remuneration, and status under certain Acts 73Immunity 74Functions of Licensing Authorities 74AOrderly and efficient operation 74BContempt of Licensing Authority 75Administrative support for Licensing Authorities 76Delegations 76AProcedure 76BHearing on papers 76CSuppression orders 77Annual report 77APractice notes 77AAAuthentication of photographs 77BOnline publication of information about procedures, time frames, and progress of decisions 77COnline publication of final written decisions

Registers

78Public registers of licence holders and certificate holders 79Content of licence holders register 80Content of certificate holders register 81Public access to public registers 82Police access to other information held by Licensing Authorities

Defences to certain charges

83Charges involving failure to show or make copy of document, or show or make available any thing

Regulations

84Regulations

Transitional provisions

85Existing licence deemed to be transitional licence 86Applications not complete by commencement date

Repeals and consequential amendments

87Repeal of Secondhand Dealers Act 1963 and Pawnbrokers Act 1908 88Repeal of regulations 89Consequential amendments

Schedule 1:
Articles for purposes of this Act

Schedule 2:
Forms of authorised identification

Schedule 3:
Enactments repealed or amended

Summary of changes

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Part 4Licensing Authorities of secondhand dealers and pawnbrokers, and miscellaneous provisions
Licensing Authorities and Deputy Licensing Authorities

73Immunity

Neither a Licensing Authority nor any Deputy Licensing Authority is personally liable for any act done or omission made while acting in good faith while performing or intending to perform his or her functions under this Act.

Notes

Section 73: amended, on 14 November 2018, by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

We haven’t prepared a plain language version of this yet

Part 4Licensing Authorities of secondhand dealers and pawnbrokers, and miscellaneous provisionsLicensing Authorities and Deputy Licensing Authorities

73Immunity

Part 4Licensing Authorities of secondhand dealers and pawnbrokers, and miscellaneous provisions
Licensing Authorities and Deputy Licensing Authorities