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Requirements of the Licensing Scheme |
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Matters to be covered by the regulations |
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1 | The Regulations made by the Secretary of State under section 3(2) of this Act |
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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; |
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(b) | the criteria to be applied by the Authority when considering whether |
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or not to grant, attach conditions to, revoke or modify a licence; |
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(c) | the required form and contents of an application to the Authority for |
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(d) | the payment of a fee to accompany the application for the grant of a |
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(e) | the powers of the Authority to— |
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(i) | grant or not to grant; |
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(ii) | attach conditions to; |
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| a licence to permit a person to carry out licensable conduct; |
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(f) | the form of licences; |
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(g) | the date upon which licences will normally expire; |
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(h) | appeals from decisions of the Authority; and |
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(i) | the creation and maintenance by the Authority of a register of all |
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holders of a current licence, to be open to inspection by any member |
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of the public subject to the payment of a prescribed fee. |
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2 | In respect of paragraph 1(a), the Regulations made by the Secretary of State |
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under section 3(2) of this Act must provide that the Authority will not |
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normally grant or renew a licence, and will normally revoke a valid licence, |
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where the applicant or licence holder, as the case may be, has been convicted |
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of an offence under this Act within a period of 2 years starting on the date of |
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Mandatory licence conditions |
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3 | The Regulations made by the Secretary of State under section 3(2) of this Act |
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must provide that, in addition to any conditions attached to a licence by the |
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Authority under paragraph 1(e)(ii), the following mandatory conditions |
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shall be conditions of every licence— |
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(a) | the Gangmasters may only engage in licensable conduct (subject to |
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any other conditions of the licence) between the dates of validity of |
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(b) | the Gangmasters shall cooperate with the Authority acting to |
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undertake its licensing or enforcement functions |
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(c) | the Gangmasters shall provide to all those of his workers or agents |
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through whom he engages in the activities set out in section 2(3) of |
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this Act personal identity consisting of— |
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(i) | the name of the worker or agent; |
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(ii) | a photograph of the worker or agent; |
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(iii) | the name of the Gangmasters; |
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(iv) | the licence number of the Gangmasters’s licence; and |
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(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 |
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worker or prospective gang worker; |
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(e) | the Gangmasters or his agent or worker shall produce for inspection |
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on demand by a principal a valid licence or valid personal identity |
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complying with subparagraph (b); and |
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(f) | the Gangmasters shall, for a period of 5 years beginning with the date |
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of any licensable conduct, keep records relating to such licensable |
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(i) | the name of each principal with whom the Gangmasters |
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contracts or makes other arrangements; |
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(ii) | the name of each gang worker supplied; |
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(iii) | details of how (and if applicable from or through whom) each |
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gang worker was recruited by the Gangmasters; |
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(iv) | details of the work each gang worker has undertaken; and |
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(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 |
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and fixed deductions from that gross amount and the |
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purposes for which they are made; the net amount of the |
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payments; and, where different parts of the net amount are |
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paid in different ways, the amount and method of payment |
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4 | In respect of paragraph 1(i), the Regulations made by the Secretary of State |
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under section 3(2) of this Act must require that only the following particulars |
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are recorded in every entry in the register— |
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(a) | the name of the licence holder; |
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(b) | an address for the licence holder which satisfies the prescribed |
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(c) | the type of work performed by gang workers supplied by the licence |
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(d) | the time of expiry of the licence, if not renewed; and |
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(e) | any conditions that may be attached to the licence, other than those |
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mandatory conditions set out in paragraph 3. |
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