Session 2015-16
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6

 

Clause 6

22

Page 4, line 31, at end insert—

 

“(2)    

The Director may request any person by whom, or by whose officers,

 

labour market enforcement functions are exercisable to provide the

 

Director with any non-compliance information specified or of a description

 

specified in the request.

 

(3)    

“Non-compliance information” means information relating to non-

 

compliance in the labour market which the Director considers would

 

facilitate the exercise of any of his or her functions.

 

(4)    

A person by whom, or by whose officers, labour market enforcement

 

functions are exercisable may request the Director to provide the person, or

 

an officer of the person, with any enforcement information specified or of

 

a description specified in the request.

 

(5)    

“Enforcement information” means information which the person making

 

the request considers would facilitate the exercise of any labour market

 

enforcement function of the person or of an officer of the person.

 

(6)    

A person who receives a request under this section must respond to it in

 

writing within a reasonable period.”

After Clause 7

23

Insert the following new Clause—

 

“Gangmasters and Labour Abuse Authority

 

Renaming of Gangmasters Licensing Authority

 

(1)    

The Gangmasters Licensing Authority is renamed the Gangmasters and

 

Labour Abuse Authority.

 

(2)    

In any enactment passed before the day on which this section comes into

 

force, and in any instrument or other document made before that day,

 

references to the Gangmasters Licensing Authority are to be read, in

 

relation to any time on or after that day, as references to the Gangmasters

 

and Labour Abuse Authority.”

 

24

Insert the following new Clause—

 

“Functions in relation to labour market

 

(1)    

Schedule (Functions in relation to labour market) (functions in relation to

 

labour market) has effect.

 

(2)    

The Secretary of State may by regulations confer other functions on the

 

Gangmasters and Labour Abuse Authority or its officers.”

 

 
 

 


 
 

7

25

Insert the following new Clause—

 

“PACE powers in England and Wales for labour abuse prevention officers

 

(1)    

After section 114A of the Police and Criminal Evidence Act 1984 insert—

 

“114B

Application of Act to labour abuse prevention officers

 

(1)    

The Secretary of State may by regulations apply any provision of

 

this Act which relates to investigations of offences conducted by

 

police officers to investigations of labour market offences

 

conducted by labour abuse prevention officers.

 

(2)    

The regulations may apply provisions of this Act with any

 

modifications specified in the regulations.

 

(3)    

In this section “labour abuse prevention officer” means an officer of

 

the Gangmasters and Labour Abuse Authority who—

 

(a)    

falls within subsection (4), and

 

(b)    

is authorised (whether generally or specifically) by the

 

Secretary of State for the purposes of this section.

 

(4)    

An officer of the Gangmasters and Labour Abuse Authority falls

 

within this subsection if he or she is—

 

(a)    

acting for the purposes of the Employment Agencies Act

 

1973 (see section 8A of that Act),

 

(b)    

acting for the purposes of the National Minimum Wage Act

 

1998 (see section 13 of that Act),

 

(c)    

acting for the purposes of the Gangmasters (Licensing) Act

 

2004 as an enforcement officer within the meaning of section

 

15 of that Act,

 

(d)    

acting for the purposes of Part 1 or 2 of the Modern Slavery

 

Act 2015 (see sections 11A and 30A of that Act), or

 

(e)    

acting for any other purpose prescribed in regulations made

 

by the Secretary of State.

 

(5)    

The investigations for the purposes of which provisions of this Act

 

may be applied by regulations under this section include

 

investigations of offences committed, or suspected of having been

 

committed, before the coming into force of the regulations or of this

 

section.

 

(6)    

Regulations under this section are to be made by statutory

 

instrument.

 

(7)    

Regulations under this section may make—

 

(a)    

different provision for different purposes;

 

(b)    

provision which applies generally or for particular

 

purposes;

 

(c)    

incidental, supplementary, consequential, transitional or

 

transitory provision or savings.

 

(8)    

Regulations under subsection (4)(e) may, in particular, make such

 

provision amending, repealing or revoking any enactment as the

 

Secretary of State considers appropriate in consequence of any

 

provision made by the regulations.

 
 

 


 
 

8

 
 

(9)    

A statutory instrument containing regulations under subsection

 

(4)(e) may not be made unless a draft of the instrument has been

 

laid before, and approved by a resolution of, each House of

 

Parliament.

 

(10)    

Any other statutory instrument containing regulations under this

 

section is subject to annulment in pursuance of a resolution of either

 

House of Parliament.

 

(11)    

In this section—

 

“enactment” includes an enactment contained in subordinate

 

legislation within the meaning of the Interpretation Act

 

1978;

 

“labour market offence” has the meaning given in section 3 of

 

the Immigration Act 2016.”

 

(2)    

In section 18 of the Gangmasters (Licensing) Act 2004 (obstruction of

 

officers), in subsection (1)(a), after “this Act” insert “or functions conferred

 

by virtue of section 114B of the Police and Criminal Evidence Act 1984

 

(application of that Act to Authority officers)”.”

 

26

Insert the following new Clause—

 

“Relationship with other agencies: requests for assistance

 

(1)    

The Gangmasters (Licensing) Act 2004 is amended as follows.

 

(2)    

Before section 23 (but after the italic heading before it) insert—

 

“22A  

Relationship with other agencies: requests for assistance

 

(1)    

The Authority may request any of the following to provide

 

assistance to the Authority or any of its officers—

 

(a)    

a chief officer of police for a police area in England and

 

Wales;

 

(b)    

the Director General of the National Crime Agency;

 

(c)    

a person appointed as an immigration officer under

 

paragraph 1 of Schedule 2 to the Immigration Act 1971;

 

(d)    

any other person prescribed or of a prescribed description.

 

(2)    

The Authority may make a request under subsection (1) only if it

 

considers that the assistance would facilitate the exercise of any

 

function by the Authority or any of its officers.

 

(3)    

Any of the following persons may request the Authority to provide

 

assistance to the person—

 

(a)    

a chief officer of police for a police area in England and

 

Wales;

 

(b)    

a person appointed as an immigration officer under

 

paragraph 1 of Schedule 2 to the Immigration Act 1971;

 

(c)    

any other person prescribed or of a prescribed description.

 

(4)    

A person may make a request under subsection (3) only if the

 

person considers that the assistance would facilitate the exercise by

 

the person of any function.

 
 

 


 
 

9

 
 

(5)    

A request under this section must—

 

(a)    

set out what assistance is being requested, and

 

(b)    

explain how the assistance would facilitate the exercise of

 

the function.

 

(6)    

A person who receives a request under this section must respond to

 

it in writing within a reasonable period.

 

(7)    

Regulations under this section must not make provision which

 

would be—

 

(a)    

within the legislative competence of the Scottish Parliament

 

if contained in an Act of that Parliament,

 

(b)    

within the legislative competence of the National Assembly

 

for Wales if contained in an Act of that Assembly, or

 

(c)    

within the legislative competence of the Northern Ireland

 

Assembly if contained in an Act of that Assembly made

 

without the consent of the Secretary of State.”

 

(3)    

In section 25 (regulations, rules and orders), in subsection (5)—

 

(a)    

omit the “or” at the end of paragraph (a);

 

(b)    

at the end insert “, or

 

(c)    

section 22A(1)(d) or (3)(c) (regulations regarding

 

persons whom the Authority may request to

 

provide assistance and who may request assistance

 

from Authority).””

 

27

Insert the following new Clause—

 

“Labour market enforcement undertakings

 

Power to request LME undertaking

 

(1)    

This section applies where an enforcing authority believes that a person has

 

committed, or is committing, a trigger offence.

 

(2)    

An enforcing authority may give a notice to the person—

 

(a)    

identifying the trigger offence which the authority believes has

 

been or is being committed;

 

(b)    

giving the authority’s reasons for the belief;

 

(c)    

inviting the person to give the authority a labour market

 

enforcement undertaking in the form attached to the notice.

 

(3)    

A labour market enforcement undertaking (an “LME undertaking”) is an

 

undertaking by the person giving it (the “subject”) to comply with any

 

prohibitions, restrictions and requirements set out in the undertaking (as to

 

which see section (Measures in LME undertakings)).

 

(4)    

“Trigger offence” means—

 

(a)    

an offence under the Employment Agencies Act 1973 other than one

 

under section 9(4)(b) of that Act;

 

(b)    

an offence under the National Minimum Wage Act 1998;

 

(c)    

an offence under the Gangmasters (Licensing) Act 2004;

 

(d)    

any other offence prescribed by regulations made by the Secretary

 

of State;

 
 

 


 
 

10

 
 

(e)    

an offence of attempting or conspiring to commit an offence

 

mentioned in paragraphs (a) to (d);

 

(f)    

an offence under Part 2 of the Serious Crime Act 2007 in relation to

 

an offence so mentioned;

 

(g)    

an offence of inciting a person to commit an offence so mentioned;

 

(h)    

an offence of aiding, abetting, counselling or procuring the

 

commission of an offence so mentioned.

 

(5)    

“Enforcing authority”—

 

(a)    

in relation to a trigger offence under the Employment Agencies Act

 

1973, means the Secretary of State or any authority whose officers

 

are acting for the purposes of that Act (see section 8A of that Act);

 

(b)    

in relation to a trigger offence under the National Minimum Wage

 

Act 1998, means the Secretary of State or any authority whose

 

officers are acting for the purposes of that Act (see section 13 of that

 

Act);

 

(c)    

in relation to a trigger offence under the Gangmasters (Licensing)

 

Act 2004, means the Secretary of State or any authority whose

 

officers are acting as enforcement officers for the purposes of that

 

Act (see section 15 of that Act);

 

(d)    

in relation to an offence which is a trigger offence by virtue of

 

subsection (4)(d) (including an offence mentioned in subsection

 

(4)(e) to (h) in connection with such an offence), has the meaning

 

prescribed in regulations made by the Secretary of State.

 

(6)    

In subsection (5), a reference to an offence under an Act includes a reference

 

to an offence mentioned in subsection (4)(e) to (h) in connection with such

 

an offence.

 

(7)    

In this section references to the Gangmasters (Licensing) Act 2004 are

 

references to that Act only so far as it applies in relation to England and

 

Wales and Scotland.”

 

28

Insert the following new Clause—

 

“Measures in LME undertakings

 

(1)    

An LME undertaking may include a prohibition, restriction or requirement

 

(each a “measure”) if, and only if—

 

(a)    

the measure falls within subsection (2) or (3) (or both), and

 

(b)    

the enforcing authority considers that the measure is just and

 

reasonable.

 

(2)    

A measure falls within this subsection if it is for the purpose of—

 

(a)    

preventing or reducing the risk of the subject not complying with

 

any requirement imposed by or under the relevant enactment, or

 

(b)    

bringing to the attention of persons likely to be interested in the

 

matter—

 

(i)    

the existence of the LME undertaking,

 

(ii)    

the circumstances in which it was given, and

 

(iii)    

any action taken (or not taken) by the subject in order to

 

comply with the undertaking.

 

(3)    

A measure falls within this subsection if it is prescribed, or is of a

 

description prescribed, in regulations made by the Secretary of State.

 
 

 


 
 

11

 
 

(4)    

The enforcing authority must not—

 

(a)    

invite the subject to give an LME undertaking, or

 

(b)    

agree to the form of an undertaking,

 

    

unless the authority believes that at least one measure in the undertaking

 

is necessary for the purpose mentioned in subsection (5).

 

(5)    

That purpose is preventing or reducing the risk of the subject—

 

(a)    

committing a further trigger offence under the relevant enactment,

 

or

 

(b)    

continuing to commit the trigger offence.

 

(6)    

An LME undertaking must set out how each measure included for the

 

purpose mentioned in subsection (2)(a) is expected to achieve that purpose.

 

(7)    

In this section, the “relevant enactment” means the enactment under which

 

the enforcing authority believes the trigger offence concerned has been or

 

is being committed.”

 

29

Insert the following new Clause—

 

“Duration

 

(1)    

An LME undertaking has effect from when it is accepted by the enforcing

 

authority or from the later time specified in it for this purpose.

 

(2)    

An LME undertaking has effect for the period specified in it but the

 

maximum period for which an undertaking may have effect is 2 years.

 

(3)    

The enforcing authority may release the subject from an LME undertaking.

 

(4)    

The enforcing authority must release the subject from an LME undertaking

 

if at any time during the period for which it has effect the authority believes

 

that no measure in it is necessary for the purpose mentioned in section

 

(Measures in LME undertakings)(5).

 

(5)    

If the enforcing authority releases the subject from an LME undertaking it

 

must take such steps as it considers appropriate to bring that fact to the

 

attention of—

 

(a)    

the subject;

 

(b)    

any other persons likely to be interested in the matter.”

 

30

Insert the following new Clause—

 

“Further provision about giving notice under section (Power to request LME

 

undertaking)

 

(1)    

A notice may be given under section (Power to request LME undertaking) to

 

a person by—

 

(a)    

delivering it to the person,

 

(b)    

leaving it at the person’s proper address,

 

(c)    

sending it by post to the person at that address, or

 

(d)    

subject to subsection (6), sending it to the person by electronic

 

means.

 

(2)    

A notice to a body corporate may be given to any officer of that body.

 
 

 


 
 

12

 
 

(3)    

A notice to a partnership may be given to any partner.

 

(4)    

A notice to an unincorporated association (other than a partnership) may

 

be given to any member of the governing body of the association.

 

(5)    

For the purposes of this section and of section 7 of the Interpretation Act

 

1978 (service of documents by post) in its application to this section, the

 

proper address of a person is the person’s last known address (whether of

 

the person’s residence or of a place where the person carries on business or

 

is employed) and also—

 

(a)    

in the case of a body corporate or an officer of the body, the address

 

of the body’s registered or principal office in the United Kingdom;

 

(b)    

in the case of a partnership or a partner, the address of the principal

 

office of the partnership in the United Kingdom;

 

(c)    

in the case of an unincorporated association (other than a

 

partnership) or a member of its governing body, the principal office

 

of the association in the United Kingdom.

 

(6)    

A notice may be sent to a person by electronic means only if—

 

(a)    

the person has indicated that notices under section (Power to request

 

LME undertaking) may be given to the person by being sent to an

 

electronic address and in an electronic form specified for that

 

purpose, and

 

(b)    

the notice is sent to that address in that form.

 

(7)    

A notice sent to a person by electronic means is, unless the contrary is

 

proved, to be treated as having been given on the working day

 

immediately following the day on which it was sent.

 

(8)    

In this section—

 

“electronic address” means any number or address used for the

 

purposes of sending or receiving documents or information by

 

electronic means;

 

“officer”, in relation to a body corporate, means a director, manager,

 

secretary or other similar officer of the body;

 

“working day” means a day other than a Saturday, a Sunday,

 

Christmas Day, Good Friday or a bank holiday under the Banking

 

and Financial Dealings Act 1971 in any part of the United

 

Kingdom.”

 

31

Insert the following new Clause—

 

“Labour market enforcement orders

 

Power to make LME order on application

 

(1)    

The appropriate court may, on an application by an enforcing authority

 

under section (Applications), make a labour market enforcement order

 

against a person if the court—

 

(a)    

is satisfied, on the balance of probabilities, that the person has

 

committed, or is committing, a trigger offence, and

 

(b)    

considers that it is just and reasonable to make the order.

 

(2)    

A labour market enforcement order (an “LME order”) is an order which—

 

(a)    

prohibits or restricts the person against whom it is made (“the

 

respondent”) from doing anything set out in the order;

 
 

 


 
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Revised 12 April 2016