Immigration Bill (HL Bill 109)

Evidence Act 1984 (PACE powers for labour abuse prevention
officers).”

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

(2) 5In 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) 10for “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) 15In 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
20“, the Director General or the Authority”.

11 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”.

12 (1) 25Section 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
by the Gangmasters and Labour Abuse Authority, the
Authority.”

(3) 30In 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,
35substitute “, the Director General or the Authority”.

13 (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

(d) 40the Gangmasters and Labour Abuse Authority.”

(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
5Gangmasters and Labour Abuse Authority”;

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

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

(a) for “or an immigration officer” substitute “, an immigration officer or
10the Gangmasters and Labour Abuse Authority”;

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

15 (1) Section 27 (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 by the
15Gangmasters and Labour Abuse Authority, the Authority.”

(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) 20for “or the Director General” in the second and third places it occurs,
substitute “, the Director General or the Authority”.

16 After section 30 (offences) insert—

“30A Enforcement by Gangmasters and Labour Abuse Authority

(1) The Secretary of State may make arrangements with the
25Gangmasters and Labour Abuse Authority for officers of the
Authority 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) 30For provision about the powers of such an officer who is acting for
the purposes of this Part, see section 114B of the Police and Criminal
Evidence Act 1984 (PACE powers for labour abuse prevention
officers).””

17 In section 33 (guidance), in subsection (1) for “and the Director General of
35the National Crime Agency” substitute “, the Director General of the
National Crime Agency and the Gangmasters and Labour Abuse
Authority”.

Section 31

SCHEDULE 3 Consequential and related amendments

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

1 In the Public Records Act 1958, in Schedule 1 (definition of public records),
5in 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
10subject to investigation)—

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

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

15Superannuation Act 1972 (c. 11)

3 In the Superannuation Act 1972, in Schedule 1 (kinds of employment to
which that Act applies)—

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

(b) 20under the heading “Offices”, at the appropriate place insert “Director
of Labour Market Enforcement”.

Employment Agencies Act 1973 (c. 35)

4 (1) Section 9 of the Employment Agencies Act 1973 (inspection) is amended as
follows.

(2) 25In subsection (4)—

(a) in paragraph (a), for the words before sub-paragraph (i) substitute
“No information to which this subsection applies shall be disclosed
except—”;

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

“(vii) 30to an officer acting by virtue of section 26 of
the Immigration Act 2016 (investigative
functions in connection with labour market
enforcement undertakings and orders); or

(viii) to an officer acting for the purposes of Part 2
35of the Employment (Miscellaneous
Provisions) (Northern Ireland) Order 1981 for
any purpose relating to that Part; or

(ix) to the Pensions Regulator for the purposes of
the exercise of any function of the Regulator;
40or

(x) to the Care Quality Commission for the
purposes of the exercise of any function of the
Commission.””

(3) After subsection (4) insert—

“(5) Subsection (4) applies to—

(a) information obtained in the course of exercising the powers
conferred by this section,

(b) 5information obtained pursuant to section 15(5A) of the
National Minimum Wage Act 1998, and

(c) information obtained in the course of exercising powers by
virtue of section 26(1) of the Immigration Act 2016
(investigative functions in connection with labour market
10enforcement undertakings and orders).”

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

5 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
15“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)

6 20In 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) 25in Part 3 (other disqualifying offices), at the appropriate place insert
“Director of Labour Market Enforcement”.

National Minimum Wage Act 1998 (c. 39)

7 (1) Section 15 of the National Minimum Wage Act 1998 (information obtained
by officers) is amended as follows.

(2) 30In subsection (1)—

(a) after “to” insert “—

(a) ”;

(b) at the end insert “, and

(b) any information obtained by an officer acting by
35virtue of section 26(2) of the Immigration Act 2016
(investigative functions in connection with labour
market enforcement undertakings and orders).”

(3) After subsection (5B) insert—

“(5C) Information to which this section applies—

(a) 40may be supplied by, or with the authorisation of, the
Secretary of State to an officer acting by virtue of section 26 of
the Immigration Act 2016 (investigative functions in
connection with labour market enforcement undertakings
and orders); and

(b) may be used by an officer so acting for any purpose for which
the officer is so acting.””

Regulation of Investigatory Powers Act 2000 (c. 23)

8 In the Regulation of Investigatory Powers Act 2000, in Schedule 1 (relevant
5public 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)

9 In the Freedom of Information Act 2000, in Schedule 1 (public authorities),
10in 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”.

15Police Reform Act 2002 (c. 30)

10 The Police Reform Act 2002 is amended as follows.

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

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

“(ga) 20to carry out such corresponding functions in relation
to 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
25abuse prevention officers)).”;

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

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

12 After section 26C insert—

“26D 30 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
the Gangmasters and Labour Abuse Authority (the “Authority”) in
their capacity as labour abuse prevention officers (see section 114B of
35the Police and Criminal Evidence Act 1984 (PACE powers for labour
abuse prevention officers)).

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

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

(b) 40make provision for payment by the Authority to, or in respect
of, the Commission.

(3) The Commission and the Parliamentary Commissioner for
Administration 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
1967.

(4) 5An 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
function.

(5) 10The 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) under the Parliamentary Commissioner Act 1967.

(6) 15Regulations 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
been so disclosed.

(7) 20In 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)

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

14 In the italic heading before section 1, for “Gangmasters Licensing Authority”
25substitute “Gangmasters and Labour Abuse Authority”.

15 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—

“(1) 30The 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
Authority”).”;

(c) after subsection (3) insert—

“(3A) 35When 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
must carry out those functions in accordance with the
strategy.”

16 40In section 2 (directions etc by the Secretary of State), in subsection (2) after
“the Authority” insert “and the Director of Labour Market Enforcement”.

17 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
45Act applies”;

(b) after subsection (5) insert—

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

18 5In 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).

19 In section 14 (offences: supplementary provisions) after subsection (2)
10insert—

“(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
if the officer is a labour abuse prevention officer within the meaning
of section 114B of the Police and Criminal Evidence Act 1984 (PACE
15powers for labour abuse prevention officers).”

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

“(6A) Subsections (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
20if 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).”

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

“(A1) This section does not apply to an enforcement officer who is acting
25for 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).”

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

“(A1) 30This 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
section 114B of the Police and Criminal Evidence Act 1984 (PACE
powers for labour abuse prevention officers).”

23 (1) 35Section 19 (information relating to gangmasters) is amended as follows.

(2) In subsection (1)—

(a) for the words before paragraph (a) substitute “Information to which
this subsection applies—”;

(b) for paragraph (a) substitute—

“(a) 40may be supplied to any person for use for the
purposes of, or for any purpose connected with, the
exercise of functions under this Act,

(aa) may be supplied to any person by whom, or by whose
officers, labour market enforcement functions are
45exercisable for the purposes of, or for any purpose
connected with, the exercise of such functions, and”.

(3) After subsection (1) insert—

“(1A) Subsection (1) applies to—

(a) information held by any person for the purposes of, or for
any purpose connected with, the exercise of functions under
5this Act, and

(b) information held by any officer acting by virtue of section
26(3) of the Immigration Act 2016 (investigative functions in
connection with labour market enforcement undertakings
and orders).

(1B) 10In subsection (1) “labour market enforcement functions” has the
same meaning as in Chapter 1 of Part 1 of the Immigration Act 2016
(see section 3 of that Act).”

(4) In subsection (2)—

(a) omit “relating to the operations of a person acting as a gangmaster”;

(b) 15for “(1)(b)” substitute “(1)(aa) or (b)”.

24 (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) In paragraph 10, for sub-paragraph (2) substitute—

“(2) Section 8(1) as it applies in relation to Northern Ireland licences is
to be read as if the words “with the approval of the Secretary of
40State” were omitted.

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

(6) After paragraph 16 insert—

“Section 19: Information relating to gangmasters

16A (1) Section 19 as it applies in relation to Northern Ireland functions is
to be read as if—

(a) 5paragraph (aa) of subsection (1) (and the reference to it in
subsection (2)) were omitted,

(b) subsections (1A)(b) and (1B) were omitted, and

(c) in subsection (2), after “Information” there were inserted
the words “relating to the operations of a person acting as
10a gangmaster”.

(2) In this paragraph “Northern Ireland functions” means functions
under this Act in connection with persons acting as gangmasters
in Northern Ireland or persons acting as gangmasters in relation to
work in Northern Ireland.

15Section 22A: Relationship with other agencies: requests for assistance

16B Section 22A does not apply in relation to the Authority’s functions
in connection with persons acting as gangmasters in Northern
Ireland or persons acting as gangmasters in relation to work in
Northern Ireland.”

20Pensions Act 2004 (c. 35)

25 In the Pensions Act 2004, in Schedule 3 (certain permitted disclosures of
restricted information held by the Pensions Regulator), at the end of the
table insert—

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

26 30In 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)

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

Modern Slavery Act 2015 (c. 30)

28 The Modern Slavery Act 2015 is amended as follows.

29 In section 52 (duty to notify Secretary of State about suspected victims of
40slavery or human trafficking), in subsection (5)(k), for “Gangmasters

Licensing Authority” substitute “Gangmasters and Labour Abuse
Authority”.

30 At the beginning of Part 7, after the italic heading “Miscellaneous” insert—

“54A Gangmasters and Labour Abuse Authority: information gateways

(1) 5A specified person may disclose information to the Gangmasters and
Labour Abuse Authority (the “Authority”) or a relevant officer if the
disclosure is made for the purposes of the exercise of any function of
the Authority or the officer under this Act.

(2) Information obtained by the Authority or a relevant officer in
10connection with the exercise of any function of the Authority or the
officer under this Act may be used by the Authority or the officer in
connection with the exercise of any other such function of the
Authority or the officer.

(3) The Authority or a relevant officer may disclose to a specified person
15information obtained in connection with the exercise of any function
of the Authority or the officer under this Act if the disclosure is made
for the purposes of the exercise of any function of the specified
person.

(4) A disclosure of information which is authorised by this section does
20not breach—

(a) an obligation of confidence owed by the person making the
disclosure, or

(b) any other restriction on the disclosure of information
(however imposed).

(5) 25But nothing in this section authorises the making of a disclosure
which—

(a) contravenes the Data Protection Act 1998, or

(b) is prohibited by Part 1 of the Regulation of Investigatory
Powers Act 2000.

(6) 30This section does not limit the circumstances in which information
may be disclosed apart from this section.

(7) “Specified person” means a person specified in Schedule 4A
(information gateways: specified persons).

(8) The Secretary of State may by regulations amend Schedule 4A.

(9) 35In this section, “relevant officer” means an officer of the Authority
who is acting for the purposes of Part 1 or 2 of this Act (see sections
11A and 30A).”

31 Omit section 55 (review of Gangmasters Licensing Authority).

32 In section 58 (regulations), in subsection (4), after paragraph (j) insert—

“(ja) 40regulations under section 54A(8) (power to amend Schedule
4A);”.

33 In section 60 (extent)—

(a) in subsection (1), after “section 53)” insert “and section 54A, and
Schedule 4A, in Part 7”;