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(3) Any amendment, repeal or revocation made by this Act has the same extent
within the United Kingdom as the provision to which it relates.

(4) Her Majesty may by Order in Council provide for any of the provisions of this
Act to extend, with or without modifications, to any of the Channel Islands or
5the Isle of Man.

(5) A power under any provision listed in subsection (6) may be exercised so as to
extend (with or without modifications) to any of the Channel Islands or the Isle
of Man any amendment or repeal made by or under this Act of any part of an
Act to which the provision listed in subsection (6) relates.

(6) 10Those provisions are—

(a) section 36 of the Immigration Act 1971,

(b) section 52(2) of the Civil Jurisdiction and Judgments Act 1982,

(c) section 9(3) of the Special Immigration Appeals Commission Act 1997,

(d) section 170(7) of the Immigration and Asylum Act 1999,

(e) 15section 163(4) of the Nationality, Immigration and Asylum Act 2002,

(f) section 49(3) of the Asylum and Immigration (Treatment of Claimants,
etc) Act 2004,

(g) section 63(3) of the Immigration, Asylum and Nationality Act 2006,

(h) section 60(4) of the UK Borders Act 2007, and

(i) 20section 76(6) of the Immigration Act 2014.

90 Short title

This Act may be cited as the Immigration Act 2016.

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SCHEDULES

Section 9

SCHEDULE 1 Functions in relation to labour market

Employment Agencies Act 1973 (c. 35)

1 5The Employment Agencies Act 1973 is amended as follows.

2 Before section 9 insert—

8A Appointment of officers

(1) The Secretary of State may—

(a) appoint officers to act for the purposes of this Act, and

(b) 10instead of or in addition to appointing any officers under this
section, arrange with any relevant authority for officers of
that authority to act for those purposes.

(2) The following are relevant authorities—

(a) any Minister of the Crown or government department;

(b) 15any body performing functions on behalf of the Crown;

(c) the Gangmasters and Labour Abuse Authority.”

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

(2) Before subsection (1) insert—

(A1) This section does not apply to an officer acting for the purposes of
20this Act in relation to England and Wales if the officer is a labour
abuse prevention officer within the meaning of section 114B of the
Police and Criminal Evidence Act 1984 (PACE powers for labour
abuse prevention officers).”

(3) In subsection (1), for “duly authorised in that behalf by the Secretary of
25State” substitute “acting for the purposes of this Act”.

(4) In subsection (4)(a), in each of sub-paragraphs (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 30The 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” to
“body shall” substitute “relevant authority for officers of that
authority to”;

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(b) after subsection (1) insert—

(1A) The following are relevant authorities—

(a) any Minister of the Crown or government
department;

(b) 5any body performing functions on behalf of the
Crown;

(c) the Gangmasters and Labour Abuse Authority.”

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

(A1) This section does not apply to an officer acting for the purposes of
10this Act in relation to England and Wales if the officer is a labour
abuse prevention officer within the meaning of section 114B of the
Police and Criminal Evidence Act 1984 (PACE powers for labour
abuse prevention officers).”

Modern Slavery Act 2015 (c.30)

7 15The Modern Slavery Act 2015 is amended as follows.

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

11A Enforcement by Gangmasters and Labour Abuse Authority

(1) The Secretary of State may make arrangements with the
Gangmasters and Labour Abuse Authority for officers of the
20Authority to act for the purposes of this Part in taking action in
circumstances in which it appears that an offence under this Part
which is a labour market offence (within the meaning of section 3 of
the Immigration Act 2016) has been, is being or may be committed.

(2) For provision about the powers of such an officer who is acting for
25the purposes of this Part, see section 114B of the Police and Criminal
Evidence Act 1984 (PACE powers for labour abuse prevention
officers).”

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

(2) 30In subsection (1)—

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

(b) after paragraph (c) insert , or

(d) the Gangmasters and Labour Abuse Authority.”

(3) In subsection (7)—

(a) 35for “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) 40In 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”;

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(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
5the 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—

(g) where the order was made on an application under section 15
10by the Gangmasters and Labour Abuse Authority, the
Authority.”

(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
15Authority”;

(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) 20omit the “or” after paragraph (b);

(b) after paragraph (c) insert , or

(d) the Gangmasters and Labour Abuse Authority.”

(3) In subsection (6)—

(a) for “or the Director General”, in the first place it occurs, substitute “,
25the 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) 30for “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) 35for “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—

(g) 40where the order was made on an application by the
Gangmasters and Labour Abuse Authority, the Authority.”

(3) In subsection (7)—

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(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,
5substitute “, the Director General or the Authority”.

15 After section 30 (offences) insert—

30A Enforcement by Gangmasters and Labour Abuse Authority

(1) The Secretary of State may make arrangements with the
Gangmasters and Labour Abuse Authority for officers of the
10Authority to act for the purposes of this Part in taking action in
circumstances in which it appears that an offence under this Part
which is a labour market offence (within the meaning of section 3 of
the Immigration Act 2016) has been, is being or may be committed.

(2) For provision about the powers of such an officer who is acting for
15the purposes of this Part, see section 114B of the Police and Criminal
Evidence Act 1984 (PACE powers for labour abuse prevention
officers).”

Section 29

SCHEDULE 2 Consequential and related amendments

Public Records Act 1958 (c. 51)

1 25In 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 30In 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
35and 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
40Abuse Authority”.

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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
5“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 10In 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) 15in 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
20and 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) 25at 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 30The 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—

(ga) to carry out such corresponding functions in relation
35to officers of the Gangmasters and Labour Abuse
Authority in their capacity as labour abuse
prevention officers (see section 114B of the Police and
Criminal Evidence Act 1984 (PACE powers for labour
abuse prevention officers)).”;

(b) 40in subsection (3), after paragraph (bc) insert—

(bd) any regulations under section 26D of this Act (labour
abuse prevention officers);”.

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10 After section 26C insert—

26D Labour abuse prevention officers

(1) The Secretary of State may make regulations conferring functions on
the Commission in relation to the exercise of functions by officers of
5the Gangmasters and Labour Abuse Authority (the “Authority”) in
their capacity as labour abuse prevention officers (see section 114B of
the Police and Criminal Evidence Act 1984 (PACE powers for labour
abuse prevention officers)).

(2) Regulations under this section may, in particular—

(a) 10apply (with or without modifications), or make provision
similar to, any provision of or made under this Part;

(b) make provision for payment by the Authority to, or in respect
of, the Commission.

(3) The Commission and the Parliamentary Commissioner for
15Administration may jointly investigate a matter in relation to
which—

(a) the Commission has functions by virtue of this section, and

(b) the Parliamentary Commissioner for Administration has
functions by virtue of the Parliamentary Commissioner Act
201967.

(4) An officer of the Authority may disclose information to the
Commission, or to a person acting on the Commission’s behalf, for
the purposes of the exercise by the Commission, or by any person
acting on the Commission’s behalf, of an Authority complaints
25function.

(5) The Commission and the Parliamentary Commissioner for
Administration may disclose information to each other for the
purposes of the exercise of a function—

(a) by virtue of this section, or

(b) 30under the Parliamentary Commissioner Act 1967.

(6) Regulations under this section may, in particular, make—

(a) further provision about the disclosure of information under
subsection (4) or (5);

(b) provision about the further disclosure of information that has
35been so disclosed.

(7) In this section “Authority complaints function” means a function in
relation to the exercise of functions by officers of the Authority.”

Gangmasters (Licensing) Act 2004 (c. 11)

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

12 40In 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”;

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(b) for subsection (1) substitute—

(1) The body known as the Gangmasters Licensing Authority is
to continue to exist and is to be known as the Gangmasters
and Labour Abuse Authority (in this Act referred to as “the
5Authority”).”;

(c) after subsection (3) insert—

(3A) When carrying out functions during a year to which a labour
market enforcement strategy approved under section 2 of the
Immigration Act 2016 relates, the Authority and its officers
10must carry out those functions in accordance with the
strategy.”

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) 15in 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—

(6) The Secretary of State must consult the Authority and the
20Director of Labour Market Enforcement before making
regulations under subsection (5).”

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) 25omit subsection (3);

(c) after subsection (4) insert—

(5) The Authority may from time to time with the approval of the
Secretary of State revise the rules.

(6) The Authority must publish any rules made or revised under
30this section.”

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

(2A) Subsections (1) and (2) do not apply to an enforcement officer who is
acting for the purposes of this Act in relation to England and Wales
35if the officer is a labour abuse prevention officer within the meaning
of section 114B of the Police and Criminal Evidence Act 1984 (PACE
powers for labour abuse prevention officers).”

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

(6A) 40Subsections (5) and (6) do not apply to an enforcement officer who is
acting for the purposes of this Act in relation to England and Wales
if the officer is a labour abuse prevention officer within the meaning
of section 114B of the Police and Criminal Evidence Act 1984 (PACE
powers for labour abuse prevention officers).”

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

(A1) This section does not apply to an enforcement officer who is acting
for the purposes of this Act in relation to England and Wales if the
officer is a labour abuse prevention officer within the meaning of
5section 114B of the Police and Criminal Evidence Act 1984 (PACE
powers for labour abuse prevention officers).”

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

(A1) This section does not apply to an enforcement officer who is acting
for the purposes of this Act in relation to England and Wales if the
10officer is a labour abuse prevention officer within the meaning of
section 114B of the Police and Criminal Evidence Act 1984 (PACE
powers for labour abuse prevention officers).”

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

(a) omit subsection (4);

(b) 15in 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) 20after “work in Northern Ireland,” insert

(a) ”;

(b) at the end insert , and

(b) the requirement under subsection (2) of that section
to consult the Director of Labour Market
25Enforcement is to be ignored.”

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

(b) paragraph (b) is to be read as if for “work of a prescribed
description as being work to which this Act applies” there
were substituted “work of the following nature as being
30work to which this Act applies—

(i) the gathering (by any manner) of wild creatures, or
wild plants, of a prescribed description and the
processing and packaging of anything so gathered,
and

(ii) 35the harvesting of fish from a fish farm (within the
meaning of the Fisheries Act (NI) 1966 (c 17 (NI)).”

(5) For paragraph 10 substitute—

10 (1) Rules under section 8 (general power of Authority to make rules)
which make provision for Northern Ireland licences (“Northern
40Ireland rules”) are to be made by statutory instrument.

(2) Section 8 as it applies in relation to Northern Ireland licences is to
be read as if—

(a) in subsection (1) the words “with the approval of the
Secretary of State” were omitted, and

(b) 45subsections (5) and (6) were omitted.

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(3) The Authority must consult the relevant Northern Ireland
department before making any Northern Ireland rules about fees.

(4) A statutory instrument containing Northern Ireland rules is
subject to annulment in pursuance of a resolution of either House
5of Parliament.”

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”.

10Regulatory 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 15The 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 20In 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 25In 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”.

Section 34

30SCHEDULE 3 Licensing Act 2003: amendments relating to illegal working

Part 1 Entitlement to work in the United Kingdom

1 After section 192 of the Licensing Act 2003 insert—

192A 35 Entitlement to work in the United Kingdom

(1) For the purposes of this Act an individual is entitled to work in the
United Kingdom if—