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[The page and line references are to HL Bill 79, the bill as first printed for the Lords] |
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1 | Page 1, line 14, after “allowances” insert “, and |
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| (b) | pay or make provision for the payment of such pension to or in |
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| respect of the Director,” |
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2 | Page 2, line 17, leave out “whose officers” and insert “whom, or by whose officers,” |
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3 | Page 2, line 19, at end insert— |
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| “(iii) | the information, or descriptions of information, that should |
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| be provided to the Director for the purposes of his or her |
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| functions by any person by whom, or by whose officers, |
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| labour market enforcement functions are exercisable, and |
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| (iv) | the form and manner in which, and frequency with which, |
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| that information should be provided,” |
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4 | Page 2, line 24, leave out “subsection (2)(b)” and insert “paragraph (b) of subsection |
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5 | Page 2, line 25, leave out “concerned” and insert “mentioned in sub-paragraphs (i) |
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| and (ii) of that paragraph” |
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6 | Page 2, line 35, leave out subsection (7) |
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7 | Page 2, line 40, leave out paragraph (a) |
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8 | Page 2, line 41, at end insert— |
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| “( ) | failure to comply with the requirement under section 1 of the |
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| National Minimum Wage Act 1998 (workers to be paid at least |
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| ( ) | failure to pay any financial penalty required to be paid by a notice |
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| of underpayment served under section 19 of that Act (see section |
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| ( ) | breach of a condition of a licence granted under section 7 of the |
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| Gangmasters (Licensing) Act 2004; |
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| ( ) | failure to comply with any other requirement imposed by or under |
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| any enactment and which is prescribed by regulations made by the |
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9 | Page 2, line 45, leave out from “officer” to end of line 46 and insert “acting for the |
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| purposes of that Act (see section 8A of that Act),” |
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10 | Page 3, line 2, leave out from “1998 (” to second “of” in line 3 and insert “see section |
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11 | Page 3, line 3, at end insert— |
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| “( ) | any function of the Gangmasters and Labour Abuse Authority |
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| conferred by section 1(2)(a) to (c) of the Gangmasters (Licensing) |
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12 | Page 3, line 4, leave out from “officer” to “of” in line 6 and insert “or a compliance |
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| officer acting for the purposes of that Act (see section 15” |
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13 | Page 3, line 6, after “Act),” insert— |
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| “( ) | any function of the Gangmasters and Labour Abuse Authority |
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| under Part 2 of the Modern Slavery Act 2015 (slavery and |
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| trafficking prevention orders etc), |
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| ( ) | any function of an officer of that Authority acting for the purposes |
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| of Part 1 or 2 of that Act (see sections 11A and 30A of that Act), |
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| ( ) | any function of an enforcing authority under this Chapter, |
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| ( ) | any function an officer has by virtue of section (Investigative |
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14 | Page 3, line 9, leave out subsection (3) |
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15 | Page 3, line 16, at end insert “other than one under section 9(4)(b) of that Act” |
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16 | Page 3, line 24, at end insert— |
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| “( ) | an offence under section 30(1) or (2) of that Act which is committed |
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| (i) | an order which was made on the application of the |
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| Gangmasters and Labour Abuse Authority, or |
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| (ii) | an order which was made under section 14 of that Act and |
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| which falls within subsection (4A) below; |
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| ( ) | an offence under section (Offence);” |
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17 | Page 3, line 26, at end insert— |
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| “(fa) | an offence of attempting or conspiring to commit an offence |
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| mentioned in paragraphs (a) to (f); |
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| (fb) | an offence under Part 2 of the Serious Crime Act 2007 in relation to |
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| (fc) | an offence of inciting a person to commit an offence so mentioned; |
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| (fd) | an offence of aiding, abetting, counselling or procuring the |
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| commission of an offence so mentioned.” |
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18 | Page 3, line 26, at end insert— |
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| “(4A) | An order made under section 14 of the Modern Slavery Act 2015 falls |
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| within this subsection if— |
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| (a) | the order was made following— |
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| (i) | the conviction of the defendant of an offence mentioned in |
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| subsection (4)(d), (e) or (fa) to (fd), or |
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| (ii) | a finding of a kind mentioned in section 14(1)(b) or (c) of that |
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| Act in connection with any such offence, and |
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| (b) | the prosecution resulted from an investigation conducted by a |
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| labour abuse prevention officer (within the meaning of section 114B |
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| of the Police and Criminal Evidence Act 1984).” |
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19 | Page 3, line 27, leave out subsection (5) |
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20 | Insert the following new Clause— |
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| (1) | A person may disclose information to the Director or a relevant staff |
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| member if the disclosure is made for the purposes of the exercise of any |
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| function of the Director. |
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| (2) | Information obtained by the Director or a relevant staff member in |
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| connection with the exercise of any function of the Director may be used by |
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| the Director or a relevant staff member in connection with the exercise of |
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| any other function of the Director. |
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| (3) | The Director or a relevant staff member may disclose information obtained |
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| in connection with the exercise of any function of the Director to a specified |
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| person if the disclosure is made for the purposes of the exercise of any |
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| function of the specified person. |
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| (4) | “Specified person” means a person specified in Schedule (Persons to whom |
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| Director etc may disclose information) (persons to whom Director etc may |
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| (5) | The Secretary of State may by regulations amend Schedule (Persons to whom |
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| Director etc may disclose information). |
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| (6) | In this section, “relevant staff member” means a member of staff provided |
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| to the Director under section 1(4).” |
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21 | Insert the following new Clause— |
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| | “Information gateways: supplementary |
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| (1) | A disclosure of information which is authorised by section (Information |
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| gateways) does not breach— |
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| (a) | an obligation of confidence owed by the person making the |
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| (b) | any other restriction on the disclosure of information (however |
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| (2) | But nothing in section (Information gateways) authorises the making of a |
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| (a) | contravenes the Data Protection Act 1998, or |
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| (b) | is prohibited by Part 1 of the Regulation of Investigatory Powers |
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| (3) | Section (Information gateways) does not limit the circumstances in which |
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| information may be disclosed apart from that section. |
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| (4) | Section (Information gateways)(1) does not authorise a person serving in an |
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| intelligence service to disclose information to the Director or a relevant |
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| | But this does not affect the disclosures which such a person may make in |
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| accordance with intelligence service disclosure arrangements. |
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| (5) | Intelligence service information may not be disclosed by the Director or a |
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| relevant staff member without authorisation from the appropriate service |
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| (6) | If the Director or a relevant staff member has disclosed intelligence service |
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| information to a person, that person may not further disclose that |
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| information without authorisation from the appropriate service chief. |
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| (7) | HMRC information may not be disclosed by the Director or a relevant staff |
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| member without authorisation from HMRC Commissioners. |
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| (8) | If the Director or a relevant staff member has disclosed HMRC information |
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| to a person, that person may not further disclose that information without |
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| authorisation from HMRC Commissioners. |
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| (9) | Subsections (7) and (8) do not apply to national minimum wage |
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| (10) | If a person contravenes subsection (7) or (8) by disclosing revenue and |
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| customs information relating to a person whose identity— |
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| (a) | is specified in the disclosure, or |
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| (b) | can be deduced from it, |
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| | section 19 of the Commissioners for Revenue and Customs Act 2005 |
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| (wrongful disclosure) applies in relation to that disclosure as it applies in |
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| relation to a disclosure of such information in contravention of section 20(9) |
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| “appropriate service chief” means— |
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| (a) | the Director-General of the Security Service (in the case of |
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| information obtained by the Director or a relevant staff |
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| member from that Service or a person acting on its behalf); |
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| (b) | the Chief of the Secret Intelligence Service (in the case of |
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| information so obtained from that Service or a person acting |
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| (c) | the Director of GCHQ (in the case of information so |
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| obtained from GCHQ or a person acting on its behalf); |
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| “GCHQ” has the same meaning as in the Intelligence Services Act |
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| “HMRC information” means information disclosed to the Director or |
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| a relevant staff member under section (Information gateways) by |
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| HMRC Commissioners or a person acting on behalf of HMRC |
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| “intelligence service” means— |
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| (a) | the Security Service; |
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| (b) | the Secret Intelligence Service; |
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| “intelligence service disclosure arrangements” means— |
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| (a) | arrangements made by the Director-General of the Security |
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| Service under section 2(2)(a) of the Security Service Act 1989 |
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| about the disclosure of information by that Service, |
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| (b) | arrangements made by the Chief of the Intelligence Service |
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| under section 2(2)(a) of the Intelligence Services Act 1994 |
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| about the disclosure of information by that Service, and |
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| (c) | arrangements made by the Director of GCHQ under section |
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| 4(2)(a) of that Act about the disclosure of information by |
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| “intelligence service information” means information obtained from |
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| an intelligence service or a person acting on behalf of an intelligence |
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| “national minimum wage information” means information obtained |
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| by an officer in the course of acting— |
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| (a) | for the purposes of the National Minimum Wage Act 1998 |
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| (see section 13 of that Act), or |
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| (b) | by virtue of section (Investigative functions)(2); |
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| “relevant staff member” has the same meaning as in section |
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| “revenue and customs information relating to a person” has the |
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| meaning given in section 19(2) of the Commissioners for Revenue |
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