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General power of Authority to make rules
Mr Jim Sheridan
NC8
To move the following Clause:—
'(1) The Authority may make such rules as it thinks fit in connection with the licensing of persons acting as gangmasters.
(2) The rules may, in particular—
| (a) | prescribe the form and contents of applications for licences and other documents to be filed in connection with applications; |
| (b) | regulate the procedure to be followed in connection with applications and authorise the rectification of procedural irregularities; |
| (c) | prescribe time limits for doing anything required to be done in connection with an application and provide for the extension of any period so prescribed; |
| (d) | prescribe the requirements which must be met before a licence is granted; |
| (e) | provide for the manner in which the meeting of those requirements is to be verified; |
| (f) | allow for the grant of licences on a provisional basis before it is determined whether the requirements for the grant of a licence are met and for the withdrawal of such licences (if appropriate) if it appears that those requirements are not met; |
| (g) | prescribe the form of licences and the information to be contained in them; |
| (h) | require the payment of such fees as may be prescribed or determined in accordance with the rules; |
| (i) | provide that licences are to be granted subject to conditions requiring the licence holder— |
| (i) | to produce, in prescribed circumstances, evidence in a prescribed form of his being licensed, and |
| (ii) | to comply with any prescribed requirements relating to the recruitment, use and supply of workers. |
(3) The Authority must consult the Secretary of State before making any rules about fees.
(4) In subsection (2) "prescribed" means prescribed by the rules.'.
Modification, revocation or transfer of licence
Mr Jim Sheridan
NC9
To move the following Clause:—
'(1) The Authority may by notice in writing to the licensee modify or revoke any licence granted to him (including any of the conditions of that licence)—
| (a) | with the consent of the licensee, or |
| (b) | where it appears to him that a condition of the licence or any requirement of this Act has not been complied with. |
(2) The modifications that may be made include one suspending the effect of the licence for such period as the Authority may determine.
(3) A licence may be transferred with the written consent of the Authority and in such other cases as may be determined by the Authority.'.
Appeals
Mr Jim Sheridan
NC10
To move the following Clause:—
'(1) The Secretary of State shall by regulations make provision for an appeal against any decision of the Authority—
| (a) | to refuse an application for a licence, |
| (b) | as to the conditions to which the grant of the licence is subject, |
| (c) | to refuse consent to the transfer of a licence, or |
| (d) | to modify or revoke a licence. |
(2) The regulations shall make provision—
| (a) | for and in connection with the appointment of a person to hear and determine such appeals (including provision for the payment of remuneration and allowances to such a person), and |
| (b) | as to the procedure to be followed in connection with an appeal.'. |
Register of licences
Mr Jim Sheridan
NC11
To move the following Clause:—
'(1) The Authority shall establish and maintain a register of persons licensed under this Act.
(2) The register shall contain such particulars as the Authority may determine of every person who for the time being holds a licence or whose activities are authorised by a licence (whether or not they are named in the licence).
(3) The Authority shall ensure that appropriate arrangements are in force for allowing members of the public to inspect the contents of the register.'.
Offences: acting as a gangmaster, being in possession of false documents etc
Mr Jim Sheridan
NC12
To move the following Clause:—
'(1) A person commits an offence if he acts as a gangmaster in contravention of section (Prohibition of unlicensed activities) (prohibition of unlicensed activities).
For this purpose a person acting as a gangmaster does not contravene section(Prohibition of unlicensed activities) by reason only of the fact that he breaches a condition of the licence which authorises him to so act.
(2) A person commits an offence if he has in his possession or under his control—
| (a) | a relevant document that is false and that he knows or believes to be false, |
| (b) | a relevant document that was improperly obtained and that he knows or believes to have been improperly obtained, or |
| (c) | a relevant document that relates to someone else, |
with the intention of inducing another person to believe that he or another person acting as a gangmaster in contravention of section(Prohibition of unlicensed activities) is acting under the authority of a licence.
(3) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction—
| (a) | in England and Wales, to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the statutory maximum, or to both; |
| (b) | in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both. |
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, for "twelve months" in paragraph (a) substitute "six months".
(4) A person guilty of an offence under subsection (1) or (2) is liable on conviction on indictment to imprisonment for a term not exceeding ten years, or to a fine, or to both.
(5) For the purposes of this section—
| (a) | except in Scotland, a document is false only if it is false within the meaning of Part 1 of the Forgery and Counterfeiting Act 1981 (see section 9(1) of that Act), and |
| (b) | a document was improperly obtained if false information was provided, in or in connection with the application for its issue or an application for its modification, to the person who issued it or (as the case may be) to a person entitled to modify it, |
and references to the making of a false document include references to the modification of a document so that it becomes false.
(6) In this section "relevant document" means—
| (b) | any document issued by the Authority in connection with a licence.'. |
Offences: entering into arrangements with gangmasters
Mr Jim Sheridan
NC13
To move the following Clause:—
'(1) A person commits an offence if—
| (a) | he enters into arrangements under which a person ("the gangmaster") supplies him with workers or services, and |
| (b) | the gangmaster in supplying the workers or services contravenes section (Prohibition of unlicensed activities) (prohibition of unlicensed activities). |
(2) In proceedings against a person for an offence under subsection (1) it is a defence for him to prove that he—
| (a) | took all reasonable steps to satisfy himself that the gangmaster was acting under the authority of a valid licence, and |
| (b) | did not know, and had no reasonable grounds for suspecting that the gangmaster was not the holder of a valid licence. |
(3) The Secretary of State may by regulations make provision as to what constitutes "reasonable steps" for the purposes of subsection (2)(a).
(4) A person guilty of an offence under subsection (1) is liable—
| (a) | on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding the statutory maximum, or to both, |
| (b) | on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both. |
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, for "51 weeks" in paragraph (a) substitute "six months".'.
Offences: supplementary provisions
Mr Jim Sheridan
NC14
To move the following Clause:—
'(1) An enforcement officer (see section (Enforcement and compliance officers)) has the powers of arrest mentioned in subsection (2) (in addition to powers under section 24(4) and (5) of the Police and Criminal Evidence Act 1984) in relation to any of the following offences—
| (a) | an offence under section (Offences: acting as a gangmaster, being in possession of false documents etc)(1) or (2), |
| (b) | conspiring to commit any such offence, |
| (c) | attempting to commit any such offence, |
| (d) | inciting, aiding, abetting, counselling or procuring the commission of any such offence. |
(2) Those powers are as follows—
| (a) | if he has reasonable grounds for suspecting that such an offence has been committed, he may arrest without warrant anyone whom he has reasonable grounds for suspecting to be guilty of the offence; |
| (b) | he may arrest without warrant— |
| (i) | anyone who is about to commit such an offence; |
| (ii) | anyone whom he has reasonable grounds for suspecting to be about to commit such an offence. |
(3) Subsections (1) and (2) do not apply in Scotland.
(4) In Schedules 2, 4 and 5 to the Proceeds of Crime Act 2002, after paragraph 9 insert—
| | "9A | An offence under section (Offences: acting as a gangmaster, being in possession of false documents etc)(1) or (2) of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster other than under the authority of a licence, possession of false documents etc).".'. |
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