House of Commons portcullis
House of Commons
Session 2003 - 04
Internet Publications
Other Bills before Parliament

Gangmasters (Licensing) Bill


Gangmasters (Licensing) Bill

1

 

A

Bill

To

Make provision for the licensing of Gangmasterss; to make further provision

concerning the enforcement of legislation relating to Gangmasterss; and for

connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Interpretation

(1)   

In this Act—

   

”agricultural work” includes dairy-farming, the production of any

consumable produce which is grown for sale or for consumption or

other use for the purposes of a trade or business or of any other

5

undertaking (whether carried on for profit or not), and the use of land

as grazing, meadow or pasture land or orchard or osier land or

woodland or for market gardens or nursery grounds;

   

“the Authority” shall be construed in accordance with section 3(1) of this

Act;

10

   

“consumable produce” means—

(a)   

livestock (including fish and shellfish) reared, farmed or

harvested for consumption; or alternatively

(b)   

produce grown for consumption or for other use after

separation (whether by cutting, picking, harvesting, gathering,

15

reaping or otherwise) from the land, soil or plant on which, or

in which, it is grown.

   

“gang worker” shall be construed in accordance with section 2(3) of this

Act;

   

“Gangmasters” means a person who engages in licensable conduct and is

20

obliged to obtain a licence under section 2 of this Act;

   

“licence” is a licence to undertake activities pursuant to section 2(3);

   

“licensable conduct” shall be construed in accordance with section 2(2) of

this Act;

   

“personal documents” mean all identity documents and those documents

25

permitting an individual to work in the UK, including, without

 
Bill 1753/3
 
 

Gangmasters (Licensing) Bill

2

 

prejudice to the generality of the foregoing, birth certificates, passports,

national identity cards, visas, Government certificates of entitlement,

work permits, and residence documents;

   

“principal” shall be construed in accordance with section 2(3) of this Act,

except that it shall have its ordinary meaning when used in section 2(6)

5

of this Act;

   

“worker” means an individual who has entered into or works under (or

where the employment has ceased, worked under)—

(a)   

a contract of employment; or

(b)   

any other contract, whether express or implied and (if it is

10

express) whether oral or in writing, whereby the individual

undertakes to do or perform personally any work or services for

another party to the contract whose status is not by virtue of the

contract that of a client or customer of any profession or

business undertaking carried on by the individual.

15

2       

Requirement to hold a licence

(1)   

It is an offence for a person to engage in licensable conduct otherwise than

under and in accordance with the conditions of a licence.

(2)   

For the purposes of this Act, a person engages in licensable conduct if—

(a)   

he;

20

(b)   

a body corporate of which he is a director;

(c)   

a firm of which he is a partner; or

(d)   

an unincorporated association of which he is a member of the

management committee

engages (whether directly, or through his workers or agents) in activities

25

falling within subsection (3).

(3)   

The following activities fall within this subsection—

(a)   

the supply of an individual (“the gang worker”) to do work for another

(“the principal”) under a contract or other arrangements made between

the principal and the supplier of the gang worker;

30

(b)   

the supply and supervision of a gang worker to do work required to be

done under a contract made between the supplier and supervisor of the

gang worker and the principal

provided that, in both cases, the work undertaken (or to be undertaken) by the

gang worker falls within subsection (4).

35

(4)   

Work falls within this subsection if it involves—

(a)   

agricultural work, as defined in section 1; or

(b)   

packaging or processing consumable produce.

(5)   

A person guilty of an offence under this section shall be liable on summary

conviction to—

40

(a)   

imprisonment for a term not exceeding six months;

(b)   

a fine not exceeding level 5 on the standard scale;

(c)   

the revocation of his licence; or

(d)   

any combination of the above.

(6)   

Nothing in this section shall require a body corporate, unincorporated

45

association or partnership to hold more than one licence in respect of its

 

 

Gangmasters (Licensing) Bill

3

 

licensable conduct nor to require a worker or agent to obtain a licence in respect

of conduct amounting to work done for his employer or principal.

3       

Administration and enforcement

(1)   

The Secretary of State shall by regulations nominate or establish a body or

bodies (“the Authority”) to undertake licensing and enforcement functions

5

under this section.

(2)   

The Schedule shall have effect.

(3)   

The Secretary of State shall make regulations for the purpose of instituting a

scheme of licensing Gangmasterss to be administered by the Authority subject

to the requirements of the Schedule.

10

(4)   

The Secretary of State shall make regulations for the purpose of instituting a

scheme of enforcement by the Authority of the obligations contained in this

Act.

(5)   

The Authority nominated or established pursuant to regulations under

subsection (1) shall administer the scheme of licensing and shall undertake the

15

functions of enforcement as prescribed by and subject to the regulations made

under this section.

(6)   

The Authority shall inspect records kept by Gangmasterss pursuant to section

5(1) of this Act subject to any regulations which the Secretary of State may

prescribe.

20

(7)   

Any information obtained by the Authority acting under this section shall not

be supplied to any other person or body unless it is supplied for the purposes

of any civil or criminal proceedings relating to this Act.

(8)   

The Secretary of State shall each year lay a report before each House of

Parliament on the licensing and enforcement activities of the Authority.

25

(9)   

Any power to make regulations under this Act shall be exercisable by Statutory

Instrument.

(10)   

Any regulations made by the Secretary of State under this Act are to be subject

to annulment in pursuance of a resolution of either House of Parliament.

4       

Obligations of principals

30

(1)   

It is an offence for a principal to engage the services of a Gangmasters involving

the performance of licensable conduct unless the Gangmasters is the holder of a

valid licence.

(2)   

In proceedings against a person for an offence under this section, it shall be a

defence for him to show either—

35

(a)   

that he did not know, and had no reasonable grounds for suspecting, at

the time when the activities were carried out, that the Gangmasters in

question was not the holder of a licence in respect of those activities; or

(b)   

that he took all reasonable steps, in relation to the services in question,

for securing that the Gangmasters would not engage in any licensable

40

conduct in respect of which he was not the holder of a licence.

 

 

Gangmasters (Licensing) Bill

4

 

(3)   

A person guilty of an offence under this section shall be liable, on summary

conviction, to imprisonment for a term not exceeding six months or to a fine

not exceeding level 5 on the standard scale, or to both.

5       

Expenses

There shall be paid out of money provided by Parliament any expenditure incurred by

5

the Secretary of State under or by virtue of this Act.

6       

Short title, commencement and extent

(1)   

This Act may be cited as the Gangmasters (Licensing) Act 2004.

(2)   

The provisions of this Act, shall come into force on such day as the Secretary of

State may by order made by Statutory Instrument appoint; and different days

10

may be appointed under this subsection for different purposes.

(3)   

This Act extends to England, Northern Ireland, Scotland and Wales.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 26 February 2004