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Make provision for the licensing of Gangmasterss; to make further provision |
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concerning the enforcement of legislation relating to Gangmasterss; and for |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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| ”agricultural work” includes dairy-farming, the production of any |
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consumable produce which is grown for sale or for consumption or |
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other use for the purposes of a trade or business or of any other |
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undertaking (whether carried on for profit or not), and the use of land |
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as grazing, meadow or pasture land or orchard or osier land or |
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woodland or for market gardens or nursery grounds; |
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| “the Authority” shall be construed in accordance with section 3(1) of this |
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| “consumable produce” means— |
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(a) | livestock (including fish and shellfish) reared, farmed or |
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harvested for consumption; or alternatively |
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(b) | produce grown for consumption or for other use after |
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separation (whether by cutting, picking, harvesting, gathering, |
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reaping or otherwise) from the land, soil or plant on which, or |
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| “gang worker” shall be construed in accordance with section 2(3) of this |
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| “Gangmasters” means a person who engages in licensable conduct and is |
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obliged to obtain a licence under section 2 of this Act; |
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| “licence” is a licence to undertake activities pursuant to section 2(3); |
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| “licensable conduct” shall be construed in accordance with section 2(2) of |
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| “personal documents” mean all identity documents and those documents |
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permitting an individual to work in the UK, including, without |
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prejudice to the generality of the foregoing, birth certificates, passports, |
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national identity cards, visas, Government certificates of entitlement, |
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work permits, and residence documents; |
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| “principal” shall be construed in accordance with section 2(3) of this Act, |
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except that it shall have its ordinary meaning when used in section 2(6) |
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| “worker” means an individual who has entered into or works under (or |
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where the employment has ceased, worked under)— |
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(a) | a contract of employment; or |
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(b) | any other contract, whether express or implied and (if it is |
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express) whether oral or in writing, whereby the individual |
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undertakes to do or perform personally any work or services for |
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another party to the contract whose status is not by virtue of the |
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contract that of a client or customer of any profession or |
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business undertaking carried on by the individual. |
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2 | Requirement to hold a licence |
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(1) | It is an offence for a person to engage in licensable conduct otherwise than |
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under and in accordance with the conditions of a licence. |
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(2) | For the purposes of this Act, a person engages in licensable conduct if— |
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(b) | a body corporate of which he is a director; |
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(c) | a firm of which he is a partner; or |
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(d) | an unincorporated association of which he is a member of the |
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engages (whether directly, or through his workers or agents) in activities |
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falling within subsection (3). |
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(3) | The following activities fall within this subsection— |
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(a) | the supply of an individual (“the gang worker”) to do work for another |
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(“the principal”) under a contract or other arrangements made between |
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the principal and the supplier of the gang worker; |
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(b) | the supply and supervision of a gang worker to do work required to be |
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done under a contract made between the supplier and supervisor of the |
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gang worker and the principal |
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provided that, in both cases, the work undertaken (or to be undertaken) by the |
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gang worker falls within subsection (4). |
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(4) | Work falls within this subsection if it involves— |
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(a) | agricultural work, as defined in section 1; or |
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(b) | packaging or processing consumable produce. |
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(5) | A person guilty of an offence under this section shall be liable on summary |
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(a) | imprisonment for a term not exceeding six months; |
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(b) | a fine not exceeding level 5 on the standard scale; |
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(c) | the revocation of his licence; or |
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(d) | any combination of the above. |
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(6) | Nothing in this section shall require a body corporate, unincorporated |
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association or partnership to hold more than one licence in respect of its |
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licensable conduct nor to require a worker or agent to obtain a licence in respect |
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of conduct amounting to work done for his employer or principal. |
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3 | Administration and enforcement |
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(1) | The Secretary of State shall by regulations nominate or establish a body or |
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bodies (“the Authority”) to undertake licensing and enforcement functions |
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(2) | The Schedule shall have effect. |
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(3) | The Secretary of State shall make regulations for the purpose of instituting a |
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scheme of licensing Gangmasterss to be administered by the Authority subject |
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to the requirements of the Schedule. |
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(4) | The Secretary of State shall make regulations for the purpose of instituting a |
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scheme of enforcement by the Authority of the obligations contained in this |
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(5) | The Authority nominated or established pursuant to regulations under |
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subsection (1) shall administer the scheme of licensing and shall undertake the |
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functions of enforcement as prescribed by and subject to the regulations made |
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(6) | The Authority shall inspect records kept by Gangmasterss pursuant to section |
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5(1) of this Act subject to any regulations which the Secretary of State may |
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(7) | Any information obtained by the Authority acting under this section shall not |
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be supplied to any other person or body unless it is supplied for the purposes |
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of any civil or criminal proceedings relating to this Act. |
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(8) | The Secretary of State shall each year lay a report before each House of |
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Parliament on the licensing and enforcement activities of the Authority. |
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(9) | Any power to make regulations under this Act shall be exercisable by Statutory |
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(10) | Any regulations made by the Secretary of State under this Act are to be subject |
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to annulment in pursuance of a resolution of either House of Parliament. |
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4 | Obligations of principals |
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(1) | It is an offence for a principal to engage the services of a Gangmasters involving |
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the performance of licensable conduct unless the Gangmasters is the holder of a |
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(2) | In proceedings against a person for an offence under this section, it shall be a |
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defence for him to show either— |
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(a) | that he did not know, and had no reasonable grounds for suspecting, at |
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the time when the activities were carried out, that the Gangmasters in |
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question was not the holder of a licence in respect of those activities; or |
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(b) | that he took all reasonable steps, in relation to the services in question, |
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for securing that the Gangmasters would not engage in any licensable |
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conduct in respect of which he was not the holder of a licence. |
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(3) | A person guilty of an offence under this section shall be liable, on summary |
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conviction, to imprisonment for a term not exceeding six months or to a fine |
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not exceeding level 5 on the standard scale, or to both. |
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There shall be paid out of money provided by Parliament any expenditure incurred by |
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the Secretary of State under or by virtue of this Act. |
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6 | Short title, commencement and extent |
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(1) | This Act may be cited as the Gangmasters (Licensing) Act 2004. |
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(2) | The provisions of this Act, shall come into force on such day as the Secretary of |
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State may by order made by Statutory Instrument appoint; and different days |
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may be appointed under this subsection for different purposes. |
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(3) | This Act extends to England, Northern Ireland, Scotland and Wales. |
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