Gangmasters (Licensing) Bill

House of Commons

Session 2003 - 04
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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;
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(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
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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.