Immigration Bill

Page 1, line 5, after “State” insert “for the Home Department”

Page 1, line 5, after “must” insert “, after consulting the Secretary of State for
Business, Innovation and Skills,”

Page 1, line 5, after “must” insert “, after consulting the Scottish Ministers and the
Department of Justice (Northern Ireland),”

Page 1, line 8, at end insert—

“( )     The primary purpose of the Director is to secure the enforcement of labour
market legislation, as defined in section 3(3) of this Act.”

Page 1, line 9, at end insert—

“( )     The primary function of the Director shall be the protection of workers
from exploitation.”

Page 2, line 2, after “year” insert “following consultation with—

(a)   the Scottish Ministers and the Department of Justice (Northern
Ireland);

(b)   the persons exercising powers and functions under labour market
legislation (as defined in section 3);

(c)   the Independent Anti-slavery Commissioner, the National Crime
Agency and representatives of the chief officers of police of England
and Wales;”

Page 2, line 9, after “relates,” insert—

( )   the threats and obstacles to effective labour market
enforcement,

( )   the remedies secured by victims of non-compliance in the
labour market,”

Page 2, line 11, at end insert—

“( )   the resources required to address the non-compliance,”

Page 2, line 17, leave out “whose officers” and insert “whom, or by whose officers,”

Page 2, line 25, after “available” insert “, and further funding assessed under
subsection (2),”

Page 2, line 26, at end insert—

“( )     The Director must engage with civil society and voluntary organisations in
the development of the strategy.”

Page 2, line 26, at end insert—

“( )     Nothing in this section shall permit the alteration of a strategy of a person
entitled to prepare a strategy under any labour market legislation (as
defined in section 3).”

Page 2, line 27, after “time” insert “, following consultation with the persons
required to be consulted under subsection (1),”

Page 2, line 34, after “to” insert “, but shall not be bound by,”

Page 2, line 35, leave out subsection (7)

Page 2, line 40, leave out paragraph (a)

Page 2, line 41, at end insert—

“( )   failure to comply with the requirement under section 1 of the
National Minimum Wage Act 1998 (workers to be paid at least
national minimum wage);

( )   failure to pay any financial penalty required to be paid by a notice
of underpayment served under section 19 of that Act (see section
19A of that Act);

( )   breach of a condition of a licence granted under section 7 of the
Gangmasters (Licensing) Act 2004;

( )   failure to comply with any other requirement imposed by or under
any enactment and which is prescribed by regulations made by the
12Secretary of State.”

Line 10, leave out from “requirement” to end of line 12 and insert “in labour market
legislation”

Page 2, line 45, leave out from “officer” to end of line 46 and insert “acting for the
purposes of that Act (see section 8A of that Act),”

Page 3, line 2, leave out from “1998 (” to second “of” in line 3 and insert “see section
13”

Page 3, line 3, at end insert—

“( )   any function of the Gangmasters and Labour Abuse Authority
conferred by section 1(2)(a) to (c) of the Gangmasters (Licensing)
Act 2004,”

Page 3, line 4, leave out from “officer” to “of” in line 6 and insert “or a compliance
officer acting for the purposes of that Act (see section 15”

Page 3, line 6, after “Act),” insert—

“( )   any function of the Gangmasters and Labour Abuse Authority
under Part 2 of the Modern Slavery Act 2015 (slavery and
trafficking prevention orders etc),

( )   any function of an officer of that Authority acting for the purposes
of Part 1 or 2 of that Act (see sections 11A and 30A of that Act),

( )   any function an officer has by virtue of section (Investigative
functions),”

Page 3, line 9, leave out subsection (3)

Page 3, line 13, after “enactment” insert “relating to the protection of workers”

Page 3, line 16, at end insert “other than one under section 9(4)(b) of that Act”

Page 3, line 24, at end insert—

“( )   an offence under section 30(1) or (2) of that Act which is committed
in relation to—

(i)   an order which was made on the application of the
Gangmasters and Labour Abuse Authority, or

(ii)   an order which was made under section 14 of that Act and
which falls within subsection (4A) below;

( )   an offence under section (Offence);”

Page 3, line 25, after “offence” insert “relating to the protection of workers”

Page 3, line 26, at end insert—

“( )   an offence of attempting or conspiring to commit an offence
mentioned in paragraphs (a) to (f);

( )   an offence under Part 2 of the Serious Crime Act 2007 in relation to
an offence so mentioned;

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

( )   an offence of aiding, abetting, counselling or procuring the
commission of an offence so mentioned.”

Page 3, line 26, at end insert—

“(4A)    An order made under section 14 of the Modern Slavery Act 2015 falls
within this subsection if—

(a)   the order was made following the conviction of the defendant of an
offence mentioned in subsection (4)(d) or (e), and

(b)   the prosecution resulted from an investigation conducted by a
labour abuse prevention officer (within the meaning of section 114B
of the Police and Criminal Evidence Act 1984).”

Page 3, line 27, leave out subsection (5)

Page 3, line 28, leave out “2, 4, 5, 6 or 7” and insert “4, 5 or 6”

Page 3, line 31, leave out subsection (6) and insert—

“( )     In this section “worker” means an individual who does work to which this
Part applies.

( )     A person is not prevented from being a worker for the purposes of this Part
by reason of the fact that he or she has no right to be, or to work, in the
United Kingdom.”

Page 3, line 31, leave out “In this section” and insert “For the purposes of
subsection (4)(d) and (e)”

Page 3, line 33, at end insert—

“( )     A person is not prevented from being defined under subsection (6) as a
“worker”, or a person seeking work, for the purposes of this section by
reason of the fact that he has no right to be, or to work, in the United
Kingdom.”

Page 3, line 42, leave out paragraph (a) and insert—

“( )   an assessment of the extent to which the strategy developed under
section 2 has—

(i)   addressed non-compliance in the labour market,

(ii)   improved the provision of remedies for victims of non-
compliance in the labour market, and

(iii)   overcome the threats and obstacles to effective labour
market enforcement,”

Page 4, line 20, leave out “must not contain” and insert “may at the discretion of the
Secretary of State exclude”

Page 4, line 30, leave out “must” and insert “may”

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.”

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.”

Line 5, after “functions” insert “, for which resources have been made available,”

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—

(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)”.”

Line 9, leave out “with any modifications specified in the regulations”

Line 10, at end insert—

Line 47, leave out “which amend or repeal any provision of an Act of Parliament”

Leave out lines 50 to 52

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—

(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

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;

(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.”

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.

(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.”

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.”

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.

(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.”

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;

(b)   requires the respondent to do anything set out in the order.

See section (Measures in LME orders).

(3)     In this section “the appropriate court”—

(a)   where the conduct constituting the trigger offence took or is taking
place primarily in England and Wales, means a magistrates’ court;

(b)   where that conduct took or is taking place primarily in Scotland,
means the sheriff;

(c)   where that conduct took or is taking place primarily in Northern
Ireland, means a court of summary jurisdiction.

(4)     An application for an LME order under this section is—

(a)   in England and Wales, to be made by complaint;

(b)   in Northern Ireland, to be made by complaint under Part 8 of the
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675
(N.I. 26)).”

Line 7, leave out “on the balance of probabilities” and insert “beyond reasonable
doubt”

Insert the following new Clause—

“Applications

(1)     An enforcing authority may apply for an LME order to be made under
section (Power to make LME order on application) against a person (the
“proposed respondent”) if—

(a)   the authority has served a notice on the proposed respondent under
section (Power to request LME undertaking), and

(b)   the proposed respondent—

(i)   refuses to give an LME undertaking, or

(ii)   otherwise fails, before the end of the negotiation period, to
give an LME undertaking in the form attached to the notice
or in such other form as may be agreed with the enforcing
authority.

(2)     An enforcing authority may also apply for an LME order if the proposed
respondent—

(a)   has given an LME undertaking to the enforcing authority, and

(b)   has failed to comply with the undertaking.

(3)     In subsection (1) “the negotiation period” means—

(a)   the period of 14 days beginning with the day after that on which the
notice mentioned in paragraph (a) of that subsection was given, or

(b)   such longer period as may be agreed between the enforcing
authority and the proposed respondent.”

Insert the following new Clause—

“Power to make LME order on conviction

(1)     This section applies where a court deals with a person in respect of a
conviction for a trigger offence.

(2)     The court may make an LME order against the person if the court considers
it is just and reasonable to do so.

(3)     An LME order must not be made under this section except—

(a)   in addition to a sentence imposed in respect of the offence
concerned, or

(b)   in addition to an order discharging the person conditionally or, in
Scotland, discharging the person absolutely.”

Insert the following new Clause—

“Measures in LME orders

(1)     An LME order may include a prohibition, restriction or requirement (each
a “measure”) if, and only if, the measure falls within subsection (2) or (3) (or
both).

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

(a)   preventing or reducing the risk of the respondent not complying
with any requirement imposed by or under the relevant enactment,
9or

(b)   bringing to the attention of persons likely to be interested in the
matter—

(i)   the existence of the LME order,

(ii)   the circumstances in which it was made, and

(iii)   any action taken (or not taken) by the respondent in order to
15comply with the order.

(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.

(4)     Where an LME order includes a measure for the purpose mentioned in
subsection (2)(a), the order must set out how the measure is expected to
achieve that purpose.

(5)     In this section the “relevant enactment” means the enactment under which
the trigger offence concerned has been or is being committed.”

Leave out lines 9 to 15

Insert the following new clause—

“Further provision about LME orders

(1)     An LME order has effect for the period specified in it but the maximum
period for which an order may have effect is 2 years.

(2)     An LME order may not be made against an individual who is under 18.

(3)     If a court makes an LME order, the court may also—

(a)   release the respondent from any LME undertaking given in relation
to the trigger offence concerned;

(b)   discharge any other LME order which is in force against the
respondent.”

Insert the following new Clause—

“Variation and discharge

(1)     The appropriate court may by order vary or discharge an LME order—

(a)   on the application of the respondent;

(b)   if the order was made under section (Power to make LME order on
application), on the application of the enforcing authority who
applied for the order;

(c)   if the order was made under section (Power to make LME order on
conviction), on the application of the enforcing authority whose
officer conducted the investigation which resulted in the
prosecution of the respondent for the trigger offence.

(2)     In this section “the appropriate court”—

(a)   in relation to an LME order made on an application under section
(Power to make LME order on application), means the court that made
the order;

(b)   in relation to an order made in England and Wales under section
(Power to make LME order on conviction), means a magistrates’ court;

(c)   in relation to such an order made in Scotland, means the sheriff;

(d)   in relation to such an order made in Northern Ireland, means a
court of summary jurisdiction.

(3)     An application for an order under this section is—

(a)   if made to a magistrates’ court in England and Wales, to be made
by complaint;

(b)   if made to a court of summary jurisdiction in Northern Ireland, to
be made by complaint under Part 8 of the Magistrates’ Courts
(Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).”

Insert the following new Clause—

“Appeals

(1)     A respondent may appeal against—

(a)   the making of an LME order on an application under section (Power
to make LME order on application);

(b)   the making of, or refusal to make, an order under section (Variation
and discharge).

(2)     An appeal under subsection (1) is to be made—

(a)   where the order was made or refused by a magistrates’ court in
England and Wales, to the Crown Court;

(b)   where the order was made or refused by the sheriff, to the Sheriff
Appeal Court;

(c)   where the order was made or refused by a court of summary
jurisdiction in Northern Ireland, to a county court.

(3)     On an appeal under subsection (1) the court hearing the appeal may make
such orders as may be necessary to give effect to its determination of the
appeal, and may also make such incidental or consequential orders as
appear to it to be just and reasonable.

(4)     An LME order that has been varied by virtue of subsection (3) remains an
order of the court that first made it for the purposes of section (Variation and
discharge).

(5)     A respondent may appeal against the making of an LME order under
section (Power to make LME order on conviction) as if the order were a
sentence passed on the respondent for the trigger offence.”

Insert the following new Clause—

“LME undertakings and orders: supplementary

Code of practice

(1)     The Secretary of State must issue a code of practice giving guidance to
enforcing authorities about the exercise of their functions under sections
(Power to request LME undertaking) to (Variation and discharge).

(2)     The Secretary of State may revise the code from time to time.

(3)     The Secretary of State must lay before Parliament, and publish, the code
and any revised code.

(4)     An enforcing authority must have regard to the current version of the code
in exercising its functions under sections (Power to request LME undertaking)
to (Variation and discharge).”

Insert the following new Clause—

“Investigative functions

(1)     An officer acting for the purposes of the Employment Agencies Act 1973—

(a)   may also act for the purposes of taking action where it appears that
a person has failed to comply with an LME undertaking or an LME
order where the trigger offence to which the undertaking or order
relates is an offence under that Act, and

(b)   in doing so, has the same powers and duties as he or she has when
acting for the purposes of that Act.

(2)     An officer acting for the purposes of the National Minimum Wage Act
1998—

(a)   may also act for the purposes of taking action where it appears that
a person has failed to comply with an LME undertaking or an LME
order where the trigger offence to which the undertaking or order
relates is an offence under that Act, and

(b)   in doing so, has the same powers and duties as he or she has when
acting for the purposes of that Act.

(3)     An officer acting as an enforcement officer for the purposes of the
Gangmasters (Licensing) Act 2004—

(a)   may also act for the purposes of taking action where it appears that
a person has failed to comply with an LME undertaking or an LME
order where the trigger offence to which the undertaking or order
relates is an offence under that Act, and

(b)   in doing so, has the same powers and duties as he or she has when
acting as an enforcement officer for the purposes of that Act.

(4)     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.”

Insert the following new Clause—

“Offence

(1)     A person against whom an LME order is made commits an offence if the
person, without reasonable excuse, fails to comply with the order.

(2)     A person guilty of an offence under this section is liable—

(a)   on conviction on indictment, to imprisonment for a term not
exceeding 2 years, to a fine or to both;

(b)   on summary conviction in England and Wales, to imprisonment for
a term not exceeding 12 months, to a fine or to both;

(c)   on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months, to a fine not exceeding the statutory
maximum or to both;

(d)   on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months, to a fine not exceeding the statutory
maximum or to both.

(3)     In relation to an offence committed before the commencement of section
154(1) of the Criminal Justice Act 2003, the reference in subsection (2)(b) to
12 months is to be read as a reference to 6 months.”

Insert the following new Clause—

“Offences by bodies corporate

(1)     If an offence under section (Offence) committed by a body corporate is
proved—

(a)   to have been committed with the consent or connivance of an officer
of the body, or

(b)   to be attributable to any neglect on the part of such an officer,

the officer, as well as the body corporate, is guilty of the offence and liable
to be proceeded against and punished accordingly.

(2)     In subsection (1) “officer”, in relation to a body corporate, means—

(a)   a director, manager, secretary or other similar officer of the body;

(b)   a person purporting to act in any such capacity.

(3)     If the affairs of a body corporate are managed by its members, subsection
(1) applies in relation to the acts and defaults of a member in connection
with the member’s functions of management as if the member were a
director of the body corporate.”

Line 11, leave out “manager”

Insert the following new Clause—

“Application to unincorporated associations

(1)     In a case falling within subsection (2), an unincorporated association is to
be treated as a legal person for the purposes of sections (Power to request
LME undertaking) to (Offence).

(2)     A case falls within this subsection if it relates to a trigger offence for which
it is possible to bring proceedings against an unincorporated association in
the name of the association.

(3)     Proceedings for an offence under section (Offence) alleged to have been
committed by an unincorporated association may be brought against the
association in the name of the association.

(4)     For the purposes of such proceedings—

(a)   rules of court relating to the service of documents have effect as if
the association were a body corporate, and

(b)   the following provisions apply as they apply in relation to a body
corporate—

(i)   section 33 of the Criminal Justice Act 1925 and Schedule 3 to
the Magistrates’ Courts Act 1980;

(ii)   sections 70 and 143 of the Criminal Procedure (Scotland) Act
1995;

(iii)   section 18 of the Criminal Justice Act (Northern Ireland)
1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts
(Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I 26)).

(5)     A fine imposed on the association on its conviction of an offence is to be
paid out of the funds of the association.

(6)     If an offence under section (Offence) committed by an unincorporated
association is proved—

(a)   to have been committed with the consent or connivance of an officer
of the association, or

(b)   to be attributable to any neglect on the part of such an officer,

the officer, as well as the association, is guilty of the offence and liable to be
proceeded against and punished accordingly.

(7)     In subsection (6) “officer”, in relation to any association, means—

(a)   an officer of the association or a member of its governing body;

(b)   a person purporting to act in such a capacity.”

Insert the following new Clause—

“Application to partnerships

(1)     If an offence under section (Offence) committed by a partner of a
partnership which is not regarded as a legal person is shown—

(a)   to have been committed with the consent or connivance of another
partner, or

(b)   to be attributable to any neglect on the part of another partner,

that other partner, as well as the first-mentioned partner, is guilty of the
offence and liable to be proceeded against and punished accordingly.

(2)     Proceedings for an offence under section (Offence) alleged to have been
committed by a partnership which is regarded as a legal person may be
brought against the partnership in the firm name.

(3)     For the purposes of such proceedings—

(a)   rules of court relating to the service of documents have effect as if
the partnership were a body corporate, and

(b)   the following provisions apply as they apply in relation to a body
corporate—

(i)   section 33 of the Criminal Justice Act 1925 and Schedule 3 to
the Magistrates’ Courts Act 1980;

(ii)   sections 70 and 143 of the Criminal Procedure (Scotland) Act
1995;

(iii)   section 18 of the Criminal Justice Act (Northern Ireland)
1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts
(Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I 26)).

(4)     A fine imposed on a partnership on its conviction of an offence is to be paid
out of the funds of the partnership.

(5)     If an offence under section (Offence) committed by a partnership is
proved—

(a)   to have been committed with the consent or connivance of a
partner, or

(b)   to be attributable to any neglect on the part of a partner,

the partner, as well as the partnership, is guilty of the offence and liable to
be proceeded against and punished accordingly.

(6)     In subsections (1) and (5) “partner” includes a person purporting to act as
a partner.

(7)     For the purposes of this section a partnership is, or is not, “regarded as a
legal person” if it is, or is not, so regarded under the law of the country or
territory under which it was formed.”

Insert the following new Clause—

“Supplementary provision

Consequential and related amendments

Schedule (Consequential and related amendments) (consequential and related
amendments) has effect.”

Insert the following new Clause—

“Regulations under sections 1 to (Interpretation)

(1)     The Secretary of State must obtain the consent of the Scottish Ministers
before making—

(a)   regulations under section 3 or (Power to request LME undertaking)
which prescribe a requirement, function or offence in a case where
provision imposing the requirement, conferring the function or
creating the offence would be within the legislative competence of
the Scottish Parliament if contained in an Act of that Parliament,
and

(b)   regulations under section (Functions in relation to labour market)
which confer a function in a case where provision conferring the
function would be within the legislative competence of that
Parliament if contained in an Act of that Parliament.

(2)     The Secretary of State must obtain the consent of the Welsh Ministers
before making—

(a)   regulations under section 3 or (Power to request LME undertaking)
which prescribe a requirement, function or offence in a case where
provision imposing the requirement, conferring the function or
creating the offence would be within the legislative competence of
the National Assembly for Wales if contained in an Act of that
Assembly, and

(b)   regulations under section (Functions in relation to labour market)
which confer a function in a case where provision conferring the
function would be within the legislative competence of that
Assembly if contained in an Act of that Assembly.

(3)     The Secretary of State must obtain the consent of the Office of the First
Minister and deputy First Minister before making—

(a)   regulations under section 3 or (Power to request LME undertaking)
which prescribe a requirement, function or offence in a case where
provision imposing the requirement, conferring the function or
creating the offence would be 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, and

(b)   regulations under section (Functions in relation to labour market)
which confer a function in a case where provision conferring the
function would be within the legislative competence of that
Assembly if contained in an Act of that Assembly made without the
consent of the Secretary of State.

(4)     Regulations under section 3, (Functions in relation to labour market) or (Power
to request LME undertaking) may make such provision amending, repealing
or revoking any provision of any enactment, including sections 1 to
(Interpretation), as the Secretary of State considers appropriate in
consequence of the regulations.”

Insert the following new Clause—

“Interpretation

In sections 1 to (Interpretation)—

“enactment” includes—

(a)   an enactment contained in subordinate legislation within
the meaning of the Interpretation Act 1978;

(b)   an enactment contained in, or in an instrument made under,
an Act of the Scottish Parliament;

(c)   an enactment contained in, or in an instrument made under,
a Measure or Act of the National Assembly for Wales;

(d)   an enactment contained in, or in an instrument made under,
Northern Ireland legislation;

“enforcing authority” has the meaning given by section (Power to
request LME undertaking);

“financial year” means a period of 12 months ending with 31 March;

“labour market enforcement function” has the meaning given by
section 3;

“LME order” has the meaning given by section (Power to make LME
order on application);

“LME undertaking” has the meaning given by section (Power to request
LME undertaking);

“non-compliance in the labour market” has the meaning given by
section 3;

“respondent” has the meaning given by section (Power to make LME
order on application);

“subject” has the meaning given by section (Power to request LME
undertaking);

“trigger offence” has the meaning given by section (Power to request
LME undertaking).”

Page 5, line 6, at end insert “, without reasonable excuse,”

Page 6, line 39, at end insert—

The above-named Lords give notice of their intention to oppose the Question that Clause 8
stand part of the Bill.

Page 7, line 6, leave out subsection (1) and insert—

“(1)     Section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of
knowingly employing illegal worker) is amended in accordance with
subsections (1A) to (2).

(1A)    In subsection (1) for the words from “an adult” to the end of the subsection
substitute “disqualified from employment by reason of the employee’s
immigration status.”

(1B)    After subsection (1) insert—

Line 13, leave out “has reasonable cause to believe that” and insert “is reckless as
to whether”

Page 7, line 7, leave out from “worker)” to end of line 8 and insert “, for subsection
(1) substitute—

Page 7, line 7, leave out from “(1)” to end of line 8 and insert “leave out the words
after first “that” to the end of the line and insert “or being reckless as to whether
the employee is an adult subject to immigration control and that (or whether)””

Page 7, line 9, leave out “In that section,”

Page 7, line 10, at end insert—

“(2A)    Section 22 of the Immigration, Asylum and Nationality Act 2006 (offences
by bodies corporate etc) is amended in accordance with subsections (2B)
and (2C).

(2B)    After subsection (1) insert—

(2C)    In each of subsections (2) and (4) after “21(1)” insert “or (1A)”.

(2D)    In section 24(a) of the Immigration, Asylum and Nationality Act 2006
(temporary admission etc) for “21(1)” substitute “21(1B)”.”

Page 7, line 17, after “21(1)” insert “or (1A)”

Insert the following new Clause—

“Review of the remit of the Gangmasters Licensing Authority

(1)     The Secretary of State shall undertake a review of the remit of the
Gangmasters Licensing Authority.

(2)     The review under subsection (1) must consider—

(a)   the possible necessity of, and evidence for, an extension of the remit
of the Authority as a result of the provisions included in this Act,
and

(b)   whether any additional resources will be required should a review
recommend that the Authority’s remit be extended.

(3)     The Secretary of State must lay a report detailing the review and its
conclusions before both Houses of Parliament, within one year of the
passing of this Act.

(4)     The Secretary of State may by regulations made by statutory instrument
amend section 3 of the Gangmasters (Licensing) Act 2004 (work to which
this Act applies) to include other areas of work where the Secretary of State
believes abuse and exploitation of workers may be taking place, and must
allocate additional resources accordingly.

(5)     A statutory instrument containing regulations under this section may not
be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.”

Insert the following new Clause—

“Gangmasters Licensing Authority: powers of officers

In section 16(5) of the Gangmasters (Licensing) Act 2004 (powers of
officers) after paragraph (b) insert—

Page 7, line 31, at end insert—

“( )     Regulations under subsection (2) which make provision about Scotland
may only be made with the prior consent of the Scottish Parliament, and
regulations which make provision about Northern Ireland may only be
made with the prior consent of the Northern Ireland Assembly.”

Insert the following new Schedule—

““SCHEDULE

FUNCTIONS IN RELATION TO LABOUR MARKET

Employment Agencies Act 1973 (c. 35)

1      The Employment Agencies Act 1973 is amended as follows.

2      Before section 9 insert—

3   (1)     Section 9 (inspection) is amended as follows.

(2)     Before subsection (1) insert—

(3)     In subsection (1), for “duly authorised in that behalf by the Secretary of
State” substitute “acting for the purposes of this Act”.

(4)     In subsection (4)(a), in each of subparagraphs (ii) and (iii), for “or servant
appointed by, or person exercising functions on behalf of, the Secretary
of State” substitute “acting for the purposes of this Act,”.

National Minimum Wage Act 1998 (c. 39)

4      The National Minimum Wage Act 1998 is amended as follows.

5      In section 13 (appointment of officers for enforcement)—

(a)   in subsection (1)(b), for the words from “Minister of the Crown”
33to “body shall” substitute “relevant authority for officers of that
authority to”;

(b)   after subsection (1) insert—

6      In section 14 (powers of officers) before subsection (1) insert—

Modern Slavery Act 2015 (c. 30)

7      The Modern Slavery Act 2015 is amended as follows.

8      Before section 12 (but after the italic heading before it) insert—

9   (1)     Section 15 (slavery and trafficking prevention orders on application) is
amended as follows.

(2)     In subsection (1)—

(a)   omit the “or” after paragraph (b);

(b)   after paragraph (c) insert “, or

(3)     In subsection (7)—

(a)   for “or the Director General”, in the first place it occurs, substitute
“, the Director General or the Gangmasters and Labour Abuse
Authority”;

(b)   for “or the Director General”, in the second place it occurs,
substitute “, the Director General or the Authority”.

(4)     In subsection (8)(b)—

(a)   for “or the Director General”, in the first place it occurs, substitute
“, the Director General or the Gangmasters and Labour Abuse
Authority”;

(b)   for “or the Director General”, in the second place it occurs,
substitute “, the Director General or the Authority”.

10     In section 19(7) (requirement to provide name and address)—

(a)   for “or an immigration officer” substitute “, an immigration
officer or the Gangmasters and Labour Abuse Authority”;

(b)   for “or the officer” substitute “, the officer or the Authority”.

11  (1)     Section 20 (variation, renewal and discharge) is amended as follows.

(2)     In subsection (2), after paragraph (f) insert—

(3)     In subsection (9)—

(a)   for “or the Director General”, in the first place it occurs, substitute
“, the Director General or the Gangmasters and Labour Abuse
Authority”;

(b)   for “or the Director General”, in the second and third places it
occurs, substitute “, the Director General or the Authority”.

12  (1)     Section 23 (slavery and trafficking risk orders) is amended as follows.

(2)     In subsection (1)—

(a)   omit the “or” after paragraph (b);

(b)   after paragraph (c) insert “, or

(3)     In subsection (6)—

(a)   for “or the Director General”, in the first place it occurs, substitute
“, the Director General or the Gangmasters and Labour Abuse
Authority”;

(b)   for “or the Director General”, in the second place it occurs,
substitute “, the Director General or the Authority”.

(4)     In subsection (7)(b)—

(a)   for “or the Director General” substitute “, the Director General or
the Gangmasters and Labour Abuse Authority”;

(b)   for “or Director General” substitute “, the Director General or the
Authority”.

13     In section 26(7) (requirement to provide name and address)—

(a)   for “or an immigration officer” substitute “, an immigration
officer or the Gangmasters and Labour Abuse Authority”;

(b)   for “or the officer” substitute “, the officer or the Authority”.

14  (1)     Section 27 (variation, renewal and discharge) is amended as follows.

(2)     In subsection (2), after paragraph (f) insert—

(3)     In subsection (7)—

(a)   for “or the Director General” in the first place it occurs, substitute
“, the Director General or the Gangmasters and Labour Abuse
Authority”;

(b)   for “or the Director General” in the second and third places it
occurs, substitute “, the Director General or the Authority”.

15     After section 30 (offences) insert—

16     In section 33 (guidance), in subsection (1) for “and the Director General
of the National Crime Agency” substitute “, the Director General of the
National Crime Agency and the Gangmasters and Labour Abuse
Authority”.”

Line 9, after “appoint” insert “appropriately trained and qualified”

Line 9, after “of” insert “making applications to a tribunal or undertaking
inspections under”

Line 11, after “for” insert “appropriately trained and qualified”

Line 33, after “for” insert “appropriately trained and qualified”

Line 52, after “arrangements” insert “, for which resources have been made
available,”

Line 53, after “for” insert “appropriately trained and qualified”

Line 129, after “arrangements” insert “, for which resources have been made
available,”

Line 130, after “for” insert “appropriately trained and qualified”

Insert the following new Schedule—

““SCHEDULE

CONSEQUENTIAL AND RELATED AMENDMENTS

Public Records Act 1958 (c. 51)

1      In the Public Records Act 1958, in Schedule 1 (definition of public
records), in Part 2 of the Table at the end of paragraph 3 (other
establishments and organisations), for “Gangmasters Licensing
Authority” substitute “Gangmasters and Labour Abuse Authority”.

Parliamentary Commissioner Act 1967 (c. 13)

2      In the Parliamentary Commissioner Act 1967, in Schedule 2
(departments etc subject to investigation)—

(a)   at the appropriate place insert “Director of Labour Market
Enforcement”;

(b)   for “Gangmasters Licensing Authority” substitute “Gangmasters
and Labour Abuse Authority”.

Superannuation Act 1972 (c. 11)

3      In the Superannuation Act 1972, in Schedule 1 (kinds of employment to
which that Act applies), under the heading “Other bodies”, for
“Gangmasters Licensing Authority” substitute “Gangmasters and
Labour Abuse Authority”.

House of Commons Disqualification Act 1975 (c. 24)

4      In the House of Commons Disqualification Act 1975, in Schedule 1
(offices disqualifying for membership)—

(a)   in Part 2 (bodies of which all members are disqualified), for
“Gangmasters Licensing Authority” substitute “Gangmasters
and Labour Abuse Authority”;

(b)   in Part 3 (other disqualifying offices), at the appropriate place
insert “Director of Labour Market Enforcement”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5      In the Northern Ireland Assembly Disqualification Act 1975, in Schedule
1 (offices disqualifying for membership)—

(a)   in Part 2 (bodies of which all members are disqualified), for
“Gangmasters Licensing Authority” substitute “Gangmasters
and Labour Abuse Authority”;

(b)   in Part 3 (other disqualifying offices), at the appropriate place
insert “Director of Labour Market Enforcement”.

Regulation of Investigatory Powers Act 2000 (c. 23)

6      In the Regulation of Investigatory Powers Act 2000, in Schedule 1
(relevant public authorities), in Part 1 (relevant authorities for purposes
of sections 28 and 29 of that Act) in paragraph 20E for “Gangmasters
Licensing Authority” substitute “Gangmasters and Labour Abuse
Authority”.

Freedom of Information Act 2000 (c. 36)

7      In the Freedom of Information Act 2000, in Schedule 1 (public
authorities), in Part 6 (other public bodies and offices: general)—

(a)   at the appropriate place insert “Director of Labour Market
Enforcement”;

(b)   for “Gangmasters Licensing Authority” substitute “Gangmasters
and Labour Abuse Authority”.

Police Reform Act 2002 (c. 30)

8      The Police Reform Act 2002 is amended as follows.

9      In section 10 (general functions of the Independent Police Complaints
Commission)—

(a)   in subsection (1), after paragraph (g) insert—

(b)   in subsection (3), after paragraph (bc) insert—

10     After section 26C insert—

Gangmasters (Licensing) Act 2004 (c. 11)

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

12     In the italic heading before section 1, for “Gangmasters Licensing
Authority” substitute “Gangmasters and Labour Abuse Authority”.

13     In section 1 (Gangmasters Licensing Authority)—

(a)   in the heading, for “Gangmasters Licensing Authority”
substitute “Gangmasters and Labour Abuse Authority”;

(b)   for subsection (1) substitute—

(c)   after subsection (3) insert—

14     In section 2 (directions etc by the Secretary of State), in subsection (2)
after “the Authority” insert “and the Director of Labour Market
Enforcement”.

15     In section 3 (work to which Act applies)—

(a)   in subsection (5)(b), for the words from “the following nature” to
the end substitute “a prescribed description as being work to
which this Act applies”;

(b)   after subsection (5) insert—

16     In section 8 (general power of Authority to make rules)—

(a)   in subsection (1), after “may” insert “with the approval of the
Secretary of State”;

(b)   omit subsection (3);

(c)   after subsection (4) insert—

17     In section 14 (offences: supplementary provisions) after subsection (2)
insert—

18     In section 15 (enforcement and compliance officers) after subsection (6)
insert—

19     In section 16 (powers of officers) before subsection (1) insert—

20     In section 17 (entry by warrant) before subsection (1) insert—

21     In section 25 (regulations, rules and orders)—

(a)   omit subsection (4);

(b)   in subsection (6), omit paragraph (b) (and the “or” before it).

22  (1)     Schedule 2 (application of Act to Northern Ireland) is amended as
follows.

(2)     In the italic heading before paragraph 3, for “Gangmasters Licensing
Authority” substitute “Gangmasters and Labour Abuse Authority”.

(3)     In paragraph 6—

(a)   after “work in Northern Ireland,” insert “—

(b)   at the end insert “, and

(4)     In paragraph 7, for paragraph (b) substitute—

(5)     For paragraph 10 substitute—

Natural Environment and Rural Communities Act 2006 (c. 16)

23     In the Natural Environment and Rural Communities Act 2006, in
Schedule 7 (designated bodies), in paragraph 13, for “Gangmasters’
Licensing Authority” substitute “Gangmasters and Labour Abuse
Authority”.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

24     In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 5
(designated regulators), for “Gangmasters Licensing Authority”
substitute “Gangmasters and Labour Abuse Authority”.

Modern Slavery Act 2015 (c. 30)

25     The Modern Slavery Act 2015 is amended as follows.

26     In section 52 (duty to notify Secretary of State about suspected victims of
slavery or human trafficking), in subsection (5)(k), for “Gangmasters
Licensing Authority” substitute “Gangmasters and Labour Abuse
Authority”.

27     In Schedule 3 (public authorities under duty to co-operate with the
Independent Anti-slavery Commissioner), for “Gangmasters Licensing
Authority” substitute “Gangmasters and Labour Abuse Authority”.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act
(Northern Ireland) 2015 (c. 2) (N.I.)

28     In the Human Trafficking and Exploitation (Criminal Justice and
Support for Victims) Act (Northern Ireland) 2015, in Schedule 3 (slavery
and trafficking prevention orders), in Part 3 (supplementary) in
paragraph 18(7)(e), for “Gangmasters Licensing Authority” substitute
“Gangmasters and Labour Abuse Authority”.”

Line 115, leave out paragraph (c)

Line 133, leave out paragraphs (a) and (b)

Line 137, leave out “with the approval of the Secretary of State”

Page 55, leave out lines 4 to 28

Page 56, line 5, leave out paragraphs 4 to 36

Page 56, line 37, leave out “exceptional”

Page 57, line 7, leave out “appropriate” and insert “necessary”

Page 57, line 11, leave out “appropriate” and insert “necessary”

Page 58, line 15, leave out “exceptional”

Page 58, line 32, leave out “appropriate” and insert “necessary”

Page 58, line 36, leave out “appropriate” and insert “necessary”

Page 61, line 1, leave out from “that” to “illegal” in line 2 and insert “refusing the
licence is necessary to prevent”

Page 61, line 23, leave out “appropriate” and insert “necessary”

Page 61, line 28, leave out “appropriate” and insert “necessary”

Page 62, line 41, leave out from “that” to “illegal” in line 42 and insert “refusing the
continuation of the licence is necessary to prevent”

Page 63, line 12, leave out “appropriate” and insert “necessary”

Page 65, leave out lines 36 to 38

Page 67, line 10, at end insert “pursuant to an application made”

Page 67, line 14, after “granted” insert “pursuant to an application made”

Page 8, line 6, leave out subsections (2) to (5)

Page 67, line 23, at end insert—

“London Hackney Carriages Act 1843 (c. 86)

  (1)     Section 18 of the London Hackney Carriages Act 1843 (licences and
badges to be delivered up on the discontinuance of licences) is amended
as follows.

(2)     At the beginning insert “(1)”.

(3)     At the end of subsection (1) insert—

Page 68, line 14, at end insert—

Page 68, line 22, at end insert “(5A) or”

Page 68, line 27, at end insert—

Page 69, line 3, at end insert—

“Plymouth City Council Act 1975 (c. xx)

3A     The Plymouth City Council Act 1975 is amended as follows.

3B     After section 2 insert—

3C  (1)     Section 9 (licensing of drivers of private hire vehicles) is amended as
follows.

(2)     In subsection (1)—

(a)   in paragraph (a) after “satisfied” insert “—(i)”, and

(b)   for the “or” at the end of paragraph (a) substitute “and

(3)     After subsection (1) insert—

3D     In section 11(1) (drivers’ licences for hackney carriages and private hire
vehicles)—

(a)   in paragraph (a) for “Every” substitute “Subject to section 11A,
every”, and

(b)   in paragraph (b) after “1889,” insert “but subject to section 11A,”.

3E     After section 11 insert—

3F  (1)     Section 13 (licensing of operators of private hire vehicles) is amended as
follows.

(2)     In subsection (1)—

(a)   after “satisfied” insert “—(a)”, and

(b)   at the end of paragraph (a) insert “; and

(3)     After subsection (1) insert—

(4)     In subsection (2) for “Every” substitute “Subject to section 13A, every”.

3G     After section 13 insert—

3H  (1)     Section 17 (qualification for drivers of hackney carriages) is amended as
follows.

(2)     In subsection (1)—

(a)   in paragraph (a) after “satisfied” insert “—(i)”, and

(b)   for the “or” at the end of paragraph (a) substitute “and

(3)     After subsection (1) insert—

3I  (1)     Section 19 (suspension and revocation of drivers’ licences) is amended as
follows.

(2)     In subsection (1) before the “or” at the end of paragraph (a) insert—

(3)     After subsection (1) insert—

(4)     After subsection (2) insert—

3J  (1)     Section 20 (suspension and revocation of operators’ licences) is amended
as follows.

(2)     In subsection (1) before the “or” at the end of paragraph (c) insert—

(3)     After subsection (1) insert—

3K     After section 20 insert—

3L     In section 37 (appeals) after subsection (2) insert—

Line 119, leave out “or before”

Line 129, leave out “not exceed six months” and insert “end at the end of the
extended period”

Line 190, leave out “or before”

Line 200, leave out “not exceed six months” and insert “end at the end of the
extended period”

Page 69, line 39, leave out “or before”

Page 70, line 6, leave out “not exceed six months” and insert “end at the end of the
extended period”

Page 70, line 12, at end insert—

Page 70, line 18, at end insert “(6A) or”

Page 70, line 23, at end insert—

Page 71, line 9, leave out “or before”

Page 71, line 19, leave out “not exceed six months” and insert “end at the end of the
extended period”

Page 71, line 22, at end insert—

Page 71, line 27, at end insert “(5A) or”

Page 71, line 32, at end insert—

Page 71, line 45, at end insert—

“  ( )     Section 61 (suspension and revocation of driver’s licences) is amended as
follows.”

Page 71, line 46, leave out from “In” to “before” and insert “subsection (1)”

Page 72, line 4, at end insert—

“( )     After subsection (1) insert—

( )     After subsection (2) insert—

Page 72, line 4, at end insert—

“  ( )     Section 62 (suspension and revocation of operators’ licences) is amended
as follows.”

Page 72, line 5, leave out from “In” to “before” and insert “subsection (1)”

Page 72, line 9, at end insert—

“( )     After subsection (1) insert—

Page 72, line 9, at end insert—

“      After section 62 insert—

Page 72, leave out lines 16 to 18

Page 74, line 4, at end insert—

“Civic Government (Scotland) Act 1982 (c. 45)

14A          The Civic Government (Scotland) Act 1982 is amended as follows.

14B          In section 13 (taxi and private hire car driving licences) after subsection
(3) insert—

14C          After section 13 insert—

14D   (1)  Schedule 1 (licensing - further provisions as to the general system) is
amended as follows.

(2)     In paragraph 8 (duration of licences) in sub-paragraph (8) after
“paragraphs” insert “8A and”.

(3)     After paragraph 8 insert—

(4)     In paragraph 11 (suspension and revocation of licences) after sub-
paragraph (2) insert—

(5)     In paragraph 18 (appeals) after sub-paragraph (8) insert—

(6)     After paragraph 19 insert—

Line 66, leave out “or before”

Line 77, leave out “not exceed six months” and insert “end at the end of the
extended period”

Page 74, line 4, at end insert—

“Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10))

  (1)     Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland)
Order 1996 (SI 1996/1320 (NI 10)) is amended as follows.

(2)     After the entry relating to section 1(3) of the Taxis Act (Northern Ireland)
2008 insert—

(3)     After the entry relating to section 22(6) of the Taxis Act (Northern
Ireland) 2008 insert—

Page 74, line 23, at end insert “after consultation with representatives of licensing
authorities”

Page 74, line 38, leave out “or before”

Page 75, line 4, leave out “does not exceed six months” and insert “coincides with
the extended leave period”

Page 75, line 18, at end insert—

Page 75, line 27, at end insert “after consultation with Transport for London”

Page 75, line 43, leave out “or before”

Page 76, line 7, leave out “does not exceed six months” and insert “coincides with
the extended leave period”

Page 76, line 21, at end insert—

Page 76, line 26, at end insert—

“( )     After subsection (2) insert—

Page 76, line 30, at end insert—

“( )     After subsection (4) insert—

Page 78, line 21, at end insert—

“  (1)     Section 32 (regulations) is amended as follows.

(2)     In subsection (1) after “other than section” in the first place those words
appear insert “3A(8), 13A(8) or”.

(3)     After subsection (2) insert—

(4)     In subsection (4) after “made under section” insert “3A(8), 13A(8) or”.”

Page 78, line 23, at end insert—

“Taxis Act (Northern Ireland) 2008 (c. 4)

25     The Taxis Act (Northern Ireland) 2008 is amended as follows.

26  (1)     Section 2 (operator’s licences) is amended as follows.

(2)     In subsection (4) for the “and” at the end of paragraph (a) substitute—

(3)     After subsection (4) insert—

(4)     In subsection (7) for “An” substitute “Subject to section 2A, an”.

27     After section 2 insert—

28  (1)     Section 23 (taxi driver’s licences) is amended as follows.

(2)     In subsection (2) after paragraph (a) insert—

(3)     After subsection (2) insert—

(4)     In subsection (8) for “A” substitute “Subject to section 23A, a”.

29     After section 23 insert—

30  (1)     Section 26 (power to suspend, revoke licences or curtail licences) is
amended as follows.

(2)     In subsection (2) before the “or” at the end of paragraph (a) insert—

(3)     After subsection (2) insert—

(4)     In subsection (6) before the “or” at the end of paragraph (a) insert—

(5)     After subsection (6) insert—

31     In section 32 (return of licences etc) after subsection (5) insert—

32     In section 34 (appeals) after subsection (5) insert—

33     After section 56 insert—

Line 73, leave out “or before”

Line 82, leave out “does not exceed six months” and insert “ends at the end of the
extended period”

Page 78, line 23, at end insert—

“Transitional provision

  (1)     Subject to sub-paragraph (2), an amendment made by any of paragraphs
2, 3, 3C to 3H, 5 to 10, 14B, 14D(2) and (3), 17 to 20 and 25 to 28 does not
apply in relation to an application for a licence made before the coming
into force of that paragraph or a licence granted in response to such an
application.

(2)     Sub-paragraph (1) does not prevent an amendment made by any of
those paragraphs from applying in relation to—

(a)   an application for the renewal of a licence where that licence was
granted before the coming into force of that paragraph, or

(b)   a licence renewed in response to such an application.

  (1)     Subject to sub-paragraphs (2) and (3), an amendment made by any of
paragraphs 3I, 3J, 11, 12, 14D(4), 21 and 29 applies in relation to a licence
granted before or after the coming into force of that paragraph.

(2)     An amendment made by any of those paragraphs applies in relation to a
conviction for an immigration offence only if the person in question has
been convicted of that offence after the coming into force of that
paragraph in respect of the person’s conduct after that time.

(3)     An amendment made by any of those paragraphs applies in relation to a
requirement to pay an immigration penalty only if the person in
question has been required to pay the penalty after the coming into force
of that paragraph in respect of the person’s conduct after that time.

  (1)     Section 19(1) of the Plymouth City Council Act 1975 has effect in relation
to the licence of a driver of a hackney carriage or private hire vehicle
granted before the coming into force of paragraph 3I as if before the “or”
at the end of paragraph (a) there were inserted—

(2)     Section 20A(1)(a) of that Act has effect in relation to such a licence as if
after “subsection (1)(aa)” there were inserted “or (ab)”.

(3)     Section 20(1) of that Act has effect in relation to an operator’s licence
granted before the coming into force of paragraph 3J as if before the “or”
at the end of paragraph (c) there were inserted—

(4)     Section 20A(1)(b) of that Act has effect in relation to such a licence as if
after “subsection (1)(ca)” there were inserted “or (cb)”.

(5)     Section 61(1) of the Local Government (Miscellaneous Provisions) Act
1976 has effect in relation to the licence of a driver of a hackney carriage
or private hire vehicle granted before the coming into force of paragraph
11 as if before the “or” at the end of paragraph (a) there were inserted—

(6)     Section 62A(1)(a) of that Act has effect in relation to such a licence as if
after “subsection (1)(aa)” there were inserted “or (ab)”.

(7)     Section 62(1) of that Act has effect in relation to an operator’s licence
granted before the coming into force of paragraph 12 as if before the “or”
at the end of paragraph (c) there were inserted—

(8)     Section 62A(1)(b) of that Act has effect in relation to such a licence as if
after “subsection (1)(ca)” there were inserted “or (cb)”.

(9)     Subsections (3A) to (3C) of section 13 of the Civic Government (Scotland)
Act 1982 apply in relation to an application for the renewal of a taxi
driver’s or private hire car driver’s licence granted before the coming
into force of paragraph 14B as they apply in relation to an application for
the grant of such a licence made after that time.”

The above-named Lords give notice of their intention to oppose the Question that Clause 12
stand part of the Bill.

Insert the following new Clause—

“Protection from slavery for overseas domestic workers

All overseas domestic workers in the United Kingdom, including those
working for staff of diplomatic missions, shall be entitled to—

(a)   change their employer (but not work sector) while in the United
Kingdom;

(b)   renew their domestic worker or diplomatic domestic worker visa,
each such renewal being for a period not exceeding twelve months,
as long as they remain in employment and are able to support
themselves without recourse to public funds;

(c)   a three month temporary visa permitting them to live in the United
Kingdom for the purposes of seeking alternative employment as an
overseas domestic worker where there is evidence that the worker
has been a victim of modern slavery.”

Insert the following new Clause—

“Asylum seekers: permission to work after six months

(1)     The Immigration Act 1971 is amended as follows.

(2)     After section 3(9) (general provisions for regulation and control) insert—

Insert the following new Clause—

“Asylum seekers: permission to work after twelve months

After section 3(9) of the Immigration Act 1971 (general provisions for
regulation and control) insert—

Page 80, line 27, leave out “any person the officer thinks appropriate has” and
insert “the employer, the persons referred to in sub-paragraph (11), and such other
persons as the officer reasonably thinks appropriate have”

Page 81, line 8, after “if” insert “—

Page 85, line 10, leave out “5(1)” and insert “10”

Page 86, line 34, leave out “Subject to sub-paragraph (4),”

Page 86, line 35, after “notice” insert “, other than one cancelled under paragraph
3(1)(b),”

Page 86, line 35, leave out “or an illegal working compliance order”

Page 86, line 39, leave out “or order”

Page 86, line 42, leave out paragraphs (a) and (b)

Page 86, line 42, at beginning insert—

Page 87, line 4, leave out “or order”

Page 87, line 4, at end insert “and”

Page 87, line 4, at end insert “or”

Page 87, line 7, leave out sub-paragraph (4)

The above-named Lords give notice of their intention to oppose the Question that
Schedule 3 be the Third Schedule to the Bill.

Page 8, line 32, at end insert—

“( )     In section 33(1)(a), for “race” substitute “a protected characteristic as
defined in Chapter 1 of Part 2 of that Act”.”

Page 9, line 28, at end insert—

Page 9, line 41, at end insert—

Page 9, line 41, at end insert—