|
| |
|
(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 |
| 5 |
| |
(5) | A statutory instrument containing regulations made by the Secretary of State |
| |
| |
(a) | section 1(5) (regulations as to status, constitution, etc. of the Authority), |
| |
| 10 |
(b) | section 3(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 |
| 15 |
| |
(b) | rules made by the Authority under section 8 (general power of |
| |
Authority to make rules), |
| |
| is subject to annulment in pursuance of a resolution of either House of |
| |
| 20 |
| |
(1) | In this Act “worker” means an individual who does work to which this Act |
| |
| |
(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. |
| 25 |
27 | Exclusion of provisions relating to employment agencies and businesses |
| |
(1) | The Employment Agencies Act 1973 (c. 35) 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 |
| 30 |
same meaning as in that Act. |
| |
28 | Application of Act to Northern Ireland |
| |
The provisions of Schedule 2 to this Act have effect with respect to the |
| |
application of this Act to Northern Ireland. |
| |
29 | Commencement and transitional provision |
| 35 |
(1) | The provisions of this Act come into force on such day as the Secretary of State |
| |
| |
(2) | Different days may be appointed for different purposes and for different areas. |
| |
|
| |
|
| |
|
| |
| |
| |
The Authority: consequential amendments of enactments |
| |
| |
1 | In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public |
| 5 |
records), in Part 2 of the Table at the end of paragraph 3, at the appropriate |
| |
| |
| “Gangmasters Licensing Authority”. |
| |
Parliamentary Commissioner Act 1967 |
| |
2 | In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) |
| 10 |
(departments etc. subject to investigation), at the appropriate place insert— |
| |
| “Gangmasters Licensing Authority”. |
| |
| |
3 | In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment |
| |
to which that Act applies), at the appropriate place insert— |
| 15 |
| “Gangmasters Licensing Authority”. |
| |
House of Commons Disqualification Act 1975 |
| |
4 | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
(c. 24) (bodies whose members are disqualified), at the appropriate place |
| |
| 20 |
| “Gangmasters Licensing Authority”. |
| |
Northern Ireland Assembly Disqualification Act 1975 |
| |
5 | In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| |
Act 1975 (c. 25) (bodies whose members are disqualified), at the appropriate |
| |
| 25 |
| “Gangmasters Licensing Authority”. |
| |
Freedom of Information Act 2000 |
| |
6 | In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (bodies |
| |
etc. that are public authorities for the purposes of the Act), at the appropriate |
| |
|
| |
|
| |
|
| |
| “Gangmasters Licensing Authority”. |
| |
| |
| |
Application of Act to Northern Ireland |
| |
| 5 |
1 (1) | The following provisions have effect in relation to the application of this Act |
| |
| |
(2) | For the purposes of this Schedule the relevant Northern Ireland department |
| |
is the Department of Agriculture and Rural Development in Northern |
| |
| 10 |
| |
2 (1) | References in this Schedule to “work in Northern Ireland” are to work— |
| |
| |
(b) | on any portion of the shore or bed of the sea, or of an estuary or tidal |
| |
river, adjacent to Northern Ireland, whether above or below (or |
| 15 |
partly above and partly below) the low water mark, or |
| |
(c) | in Northern Ireland coastal waters. |
| |
(2) | In sub-paragraph (1)(c) “Northern Ireland coastal waters” means waters |
| |
adjacent to Northern Ireland to a distance of six miles measured from the |
| |
baselines from which the breadth of the territorial sea is measured. |
| 20 |
| In this sub-paragraph “miles” means international nautical miles of 1,852 |
| |
| |
(3) | The provisions of this Act relating to work in Northern Ireland apply where |
| |
a person acts as a gangmaster, whether in Northern Ireland or elsewhere, in |
| |
relation to work in Northern Ireland to which this Act applies. |
| 25 |
(4) | References in this Schedule to “Northern Ireland licences” are to licences |
| |
under this Act in respect of activities as a gangmaster in relation to work in |
| |
| |
Section 1: The Gangmasters Licensing Authority |
| |
3 | In relation to persons acting as gangmasters in Northern Ireland or persons |
| 30 |
acting as gangmasters in relation to work in Northern Ireland, the reference |
| |
to the Secretary of State in section 1(2)(f) (power to prescribe additional |
| |
functions of Authority) shall be read as a reference to the relevant Northern |
| |
| |
4 | Before making any regulations under that provision, the relevant Northern |
| 35 |
Ireland department shall consult the Secretary of State. |
| |
5 | Before making any regulations under section 1(5) (regulations as to status, |
| |
constitution etc of the Authority), the Secretary of State shall consult the |
| |
relevant Northern Ireland department. |
| |
|
| |
|
| |
|
Section 2: Directions etc. by the Secretary of State |
| |
6 | In relation to the Authority’s functions in connection with persons acting as |
| |
gangmasters in Northern Ireland or persons acting as gangmasters in |
| |
relation to work in Northern Ireland, the references in section 2 to the |
| |
Secretary of State shall be read as references to the relevant Northern Ireland |
| 5 |
| |
Section 3: Work to which this Act applies |
| |
7 | In section 3(5) (power to make regulations excluding or including work) as |
| |
it applies in relation to work in Northern Ireland— |
| |
(a) | the reference to the Secretary of State shall be read as a reference to |
| 10 |
the relevant Northern Ireland department, and |
| |
(b) | for the reference to the Diseases of Fish Act 1937 (c. 33) substitute a |
| |
reference to the Fisheries Act (N.I.) 1966 (c. 17 (N.I.)). |
| |
Section 6: Prohibition of unlicensed activities |
| |
8 | In section 6(2) (power to specify circumstances in which licence not |
| 15 |
required) as it applies in relation to work in Northern Ireland, the reference |
| |
to the Secretary of State shall be read as a reference to the relevant Northern |
| |
| |
Section 7: Grant of licences |
| |
9 | The Authority shall grant separate licences in respect of activities as a |
| 20 |
gangmaster in relation to work in Northern Ireland. |
| |
Section 8: General power of Authority to make rules |
| |
10 (1) | Rules under section 8 (general power of Authority to make rules) may make |
| |
different provision for Northern Ireland licences. |
| |
(2) | In section 8(3) as it applies in relation to rules requiring the payment of fees |
| 25 |
in connection with Northern Ireland licences, the reference to the Secretary |
| |
of State shall be read as a reference to the relevant Northern Ireland |
| |
| |
| |
11 | In section 10 as it applies in relation to decisions made in connection with |
| 30 |
Northern Ireland licences, the reference to the Secretary of State shall be read |
| |
as a reference to the relevant Northern Ireland department. |
| |
Section 11: Register of licences |
| |
12 | The Authority shall establish and maintain a separate register of Northern |
| |
| 35 |
Section 13: Offences: entering into arrangements with gangmasters |
| |
13 | In section 13(3) (power to make regulations as to what constitutes |
| |
“reasonable steps”) as it applies in relation to persons entering into |
| |
arrangements with gangmasters in relation to work in Northern Ireland, the |
| |
|
| |
|
| |
|
reference to the Secretary of State shall be read as a reference to the relevant |
| |
Northern Ireland department. |
| |
Section 14: Offences: supplementary provisions |
| |
14 | In section 14(1) (additional powers of arrest) the reference to section 24(4) |
| |
and (5) of the Police and Criminal Evidence Act 1984 (c. 60) shall be read as |
| 5 |
a reference to Article 26(4) and (5) of the Police and Criminal Evidence |
| |
(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)). |
| |
Section 15: Enforcement and compliance officers |
| |
15 (1) | The relevant Northern Ireland department may appoint officers |
| |
(“enforcement officers”) to act for the purposes of this Act in Northern |
| 10 |
| |
(a) | in enforcing the provisions of section 6 (prohibition of unlicensed |
| |
| |
(b) | in taking action in circumstances in which it appears that an offence |
| |
under section 13 (persons entering into arrangements with |
| 15 |
gangmasters) has been, is being, or may be committed. |
| |
(2) | The relevant Northern Ireland department may, instead of or in addition to |
| |
appointing enforcement officers under sub-paragraph (1), make |
| |
arrangements with a relevant authority for officers of that authority to be |
| |
enforcement officers in Northern Ireland. |
| 20 |
(3) | The following are relevant authorities for this purpose— |
| |
| |
(b) | any Minister of the Crown or government department, |
| |
(c) | any Minister within the meaning of the Northern Ireland Act 1998 |
| |
(c. 47) or Northern Ireland department, |
| 25 |
(d) | any body performing functions on behalf of the Crown. |
| |
Section 17: Entry by warrant |
| |
16 | In section 17 the reference in subsection (1) to information on oath shall be |
| |
read as a reference to a complaint on oath. |
| |
Section 23: Annual report |
| 30 |
17 (1) | The Secretary of State shall send to the relevant Northern Ireland |
| |
department a copy of every report laid by him before Parliament under |
| |
| |
(2) | The relevant Northern Ireland department shall lay a copy of the report |
| |
before the Northern Ireland Assembly. |
| 35 |
Section 24: Financial provision |
| |
18 | In relation to payments to the Authority with respect to its functions in |
| |
connection with persons acting as gangmasters in Northern Ireland or |
| |
persons acting as gangmasters in relation to work in Northern Ireland, the |
| |
reference in section 24(1) to the Secretary of State shall be read as a reference |
| 40 |
to the relevant Northern Ireland department. |
| |
|
| |
|
| |
|
Section 25: Regulations, rules and orders |
| |
19 (1) | In section 25(1) (meaning of “prescribed”) as it applies in relation to matters |
| |
in relation to which the relevant Northern Ireland department has power to |
| |
make regulations the reference to the Secretary of State shall be read as a |
| |
reference to the relevant Northern Ireland department. |
| 5 |
(2) | Regulations under this Act made by the relevant Northern Ireland |
| |
department shall be made by statutory rule (for the purposes of the |
| |
Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). |
| |
(3) | A statutory rule containing regulations under section 3(5)(b) (regulations |
| |
extending work to which this Act applies) must not be made unless a draft |
| 10 |
of the rule has been laid before and approved by the Northern Ireland |
| |
| |
(4) | Any other power under this Act to make a statutory rule is subject to |
| |
| |
| In this sub-paragraph “negative resolution” shall be construed in accordance |
| 15 |
with section 41 of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)). |
| |
Section 27: Exclusion of provisions relating to employment agencies and businesses |
| |
20 | In section 27 as it applies in relation to activities in relation to work in |
| |
Northern Ireland, the references to the Employment Agencies Act 1973 |
| |
(c. 35) shall be read as references to Part 2 of the Employment (Miscellaneous |
| 20 |
Provisions) (Northern Ireland) Order 1981 (SI 1981/839 (N.I. 20)). |
| |
Section 29: Commencement and transitional provision |
| |
21 | Before exercising the power under section 29(1) or (3) in relation to the |
| |
coming into force of any provision of this Act in relation to persons acting as |
| |
gangmasters in relation to work in Northern Ireland, the Secretary of State |
| 25 |
shall consult the relevant Northern Ireland department. |
| |
|
| |
|