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Gangmasters (Licensing) Bill


Gangmasters (Licensing) Bill
Schedule — Requirements of the Licensing Scheme

5

 

Schedule

Section 3

 

Requirements of the Licensing Scheme

Matters to be covered by the regulations

1          

The Regulations made by the Secretary of State under section 3(2) of this Act

must, subject to the provisions of this Schedule, make provision for—

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(a)   

the establishment of the Authority, its powers and functions;

(b)   

the criteria to be applied by the Authority when considering whether

or not to grant, attach conditions to, revoke or modify a licence;

(c)   

the required form and contents of an application to the Authority for

the grant of a licence;

10

(d)   

the payment of a fee to accompany the application for the grant of a

licence;

(e)   

the powers of the Authority to—

(i)   

grant or not to grant;

(ii)   

attach conditions to;

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(iii)   

revoke; and

(iv)   

modify

   

a licence to permit a person to carry out licensable conduct;

(f)   

the form of licences;

(g)   

the date upon which licences will normally expire;

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(h)   

appeals from decisions of the Authority; and

(i)   

the creation and maintenance by the Authority of a register of all

holders of a current licence, to be open to inspection by any member

of the public subject to the payment of a prescribed fee.

Compulsory criterion

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2          

In respect of paragraph 1(a), the Regulations made by the Secretary of State

under section 3(2) of this Act must provide that the Authority will not

normally grant or renew a licence, and will normally revoke a valid licence,

where the applicant or licence holder, as the case may be, has been convicted

of an offence under this Act within a period of 2 years starting on the date of

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conviction.

Mandatory licence conditions

3          

The Regulations made by the Secretary of State under section 3(2) of this Act

must provide that, in addition to any conditions attached to a licence by the

Authority under paragraph 1(e)(ii), the following mandatory conditions

35

shall be conditions of every licence—

(a)   

the Gangmasters may only engage in licensable conduct (subject to

any other conditions of the licence) between the dates of validity of

the licence;

 

 

Gangmasters (Licensing) Bill
Schedule — Requirements of the Licensing Scheme

6

 

(b)   

the Gangmasters shall cooperate with the Authority acting to

undertake its licensing or enforcement functions

(c)   

the Gangmasters shall provide to all those of his workers or agents

through whom he engages in the activities set out in section 2(3) of

this Act personal identity consisting of—

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(i)   

the name of the worker or agent;

(ii)   

a photograph of the worker or agent;

(iii)   

the name of the Gangmasters;

(iv)   

the licence number of the Gangmasters’s licence; and

(v)   

any other details that the Secretary of State may prescribe;

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(d)   

the Gangmasters shall not withhold personal documents from a gang

worker or prospective gang worker;

(e)   

the Gangmasters or his agent or worker shall produce for inspection

on demand by a principal a valid licence or valid personal identity

complying with subparagraph (b); and

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(f)   

the Gangmasters shall, for a period of 5 years beginning with the date

of any licensable conduct, keep records relating to such licensable

conduct, including—

(i)   

the name of each principal with whom the Gangmasters

contracts or makes other arrangements;

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(ii)   

the name of each gang worker supplied;

(iii)   

details of how (and if applicable from or through whom) each

gang worker was recruited by the Gangmasters;

(iv)   

details of the work each gang worker has undertaken; and

(v)   

details of the payments made to gang workers, including the

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gross amount of the payments; the amounts of any variable

and fixed deductions from that gross amount and the

purposes for which they are made; the net amount of the

payments; and, where different parts of the net amount are

paid in different ways, the amount and method of payment

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of each part-payment.

Contents of the register

4          

In respect of paragraph 1(i), the Regulations made by the Secretary of State

under section 3(2) of this Act must require that only the following particulars

are recorded in every entry in the register—

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(a)   

the name of the licence holder;

(b)   

an address for the licence holder which satisfies the prescribed

requirements;

(c)   

the type of work performed by gang workers supplied by the licence

holder;

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(d)   

the time of expiry of the licence, if not renewed; and

(e)   

any conditions that may be attached to the licence, other than those

mandatory conditions set out in paragraph 3.

 

 

 
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Revised 26 February 2004