Vote Bundle Text (940426-04)

Amendments proposed to the Gangmasters (Licensing) Bill - continued	House of Commons

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Application of Act to bodies corporate

Mr Jim Sheridan

NC20

To move the following Clause:—

'(1) A licence under this Act may be granted to a body corporate.

(2) A licence granted to a body corporate authorises activities carried on by the body through such persons representing, or acting on behalf of, the body as are named or otherwise specified in the licence.

(3) If an offence under this Act committed by a body corporate is shown—

(a)	to have been committed with the consent or connivance of an officer of the body corporate, or

(b)	to be attributable to any neglect on his part,

the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(4) In subsection (3) "officer" means—

(a)	any director, manager, secretary or other similar officer of the body corporate, or

(b)	any person purporting to act in any such capacity.

(5) If the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.'.

Application of Act to unincorporated associations

Mr Jim Sheridan

NC21

To move the following Clause:—

'(1) A licence under this Act may be granted to an unincorporated association (other than a partnership).

(2) A licence granted to an unincorporated association authorises activities carried on by the association through such persons representing, or acting on behalf of, the association as are named or otherwise specified in the licence.

(3) Proceedings for an offence under this Act alleged to have been committed by an unincorporated association may be brought against the association in the name of the association.

(4) For the purposes of such proceedings—

(a)	rules of court relating to the service of documents have effect as if the association were a body corporate, and

(b)	the following provisions apply as they apply in relation to a body corporate—

section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980,sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995,section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981. (5) A fine imposed on the association on its conviction of an offence shall be paid out of the funds of the association.

(6) If an offence under this Act committed by an unincorporated association is shown—

(a)	to have been committed with the consent or connivance of an officer of the association, or

(b)	to be attributable to any neglect on his part,

the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) In subsection (6) "officer", in relation to any association, means—

(a)	any officer of the association or any member of its governing body, or

(b)	any person purporting to act in such a capacity.'.

Application of Act to partnerships

Mr Jim Sheridan

NC22

To move the following Clause:—

'(1) A licence under this Act may be granted to a partnership in the firm name.

(2) Where the partnership is not regarded as a legal person under the law of the country or territory under which it is formed, the grant of a licence to the partnership in the firm name—

(a)	continues to have effect notwithstanding a change of partners, so long as at least one of the persons who was a partner before the change remains a partner after it; and

(b)	has effect as the grant of a licence to those partners named in the licence.

(3) If in the case of such a partnership an offence under this Act committed by a partner is shown—

(a)	to have been committed with the consent or connivance of another partner, or

(b)	to be attributable to any neglect on the part of another partner,

that other partner, as well as the first-mentioned partner, is guilty of the offence and liable to be proceeded against and punished accordingly.

(4) A licence granted to a partnership that is regarded as a legal person under the law of the country or territory under which it is formed authorises activities carried on by the partnership through those partners named in the licence.

(5) Proceedings for an offence under this Act alleged to have been committed by such a partnership may be brought against the partnership in the firm name.

(6) For the purposes of such proceedings—

(a)	rules of court relating to the service of documents have effect as if the partnership were a body corporate, and

(b)	the following provisions apply as they apply in relation to a body corporate—

section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980,sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995,section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981. (7) A fine imposed on a partnership on its conviction of an offence shall be paid out of the funds of the partnership.

(8) If an offence under this Act committed by a partnership is shown—

(a)	to have been committed with the consent or connivance of a partner, or

(b)	to be attributable to any neglect on the part of a partner,

the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

(9) In subsections (3) and (8) "partner" includes a person purporting to act as a partner.'.

Annual report

Mr Jim Sheridan

NC23

To move the following Clause:—

'The Secretary of State shall each year lay a report before each House of Parliament on the operation of this Act.'

Financial provision

Mr Jim Sheridan

NC24

To move the following Clause:—

'(1) The Secretary of State may make payments to the Authority of such amounts, at such times and on such conditions (if any) as he considers appropriate.

(2) The Authority shall (unless the Secretary of State directs otherwise) pay to the Secretary of State all sums received by it in the course of, or in connection with, the carrying out of its functions.

(3) Any sums received by the Secretary of State under subsection (2) shall be paid into the Consolidated Fund.'.

Regulations, rules and orders

Mr Jim Sheridan

NC25

To move the following Clause:—

'(1) In this Act, unless otherwise indicated, "prescribed" means prescribed by regulations made by the Secretary of State.

(2) Any power to make regulations or rules under this Act includes power to make different provision for different cases.

(3) Any power of the Secretary of State to make regulations or orders under this Act is exercisable by statutory instrument.

(4) Any power of the Authority to make rules under this Act is exercisable by statutory instrument.

(5) A statutory instrument containing regulations made by the Secretary of State under—

(a)	section (The Gangmasters Licensing Authority)(5) (regulations as to status, constitution, etc. of the Authority), or

(b)	section (Work to which this Act applies)(5)(b) (regulations extending work to which this Act applies),

must not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) A statutory instrument containing—

(a)	regulations made by the Secretary of State under any other provision of this Act, or

(b)	rules made by the Authority under section (General power of Authority to make rules) (general power of Authority to make rules),

is subject to annulment in pursuance of a resolution of either House of Parliament.'.

Meaning of "worker"

Mr Jim Sheridan

NC26

To move the following Clause:—

'(1) In this Act "worker" means an individual who does work to which this Act applies.

(2) A person is not prevented from being a worker for the purposes of this Act by reason of the fact that he has no right to be, or to work, in the United Kingdom.'.

Exclusion of provisions relating to employment agencies and businesses

Mr Jim Sheridan

NC27

To move the following Clause:—

'(1) The Employment Agencies Act 1973 does not apply to an employment agency or an employment business in so far as it consists of activities for which a licence is required under this Act.

(2) In subsection (1) "employment agency" and "employment business" have the same meaning as in that Act'.

Application of Act to Northern Ireland

Mr Jim Sheridan

NC28

To move the following Clause:—

(Application of Act to Northern Ireland)

Commencement and transitional provision

Mr Jim Sheridan

NC29

To move the following Clause:—

'(1) The provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(2) Different days may be appointed for different purposes and for different areas.

(3) The Secretary of State may by order make such transitional provision as he considers appropriate in connection with the coming into force of any provision of this Act.'.

Mr Jim Sheridan

Page 5, line 1, leave out the Schedule.