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Gangmasters (Licensing) Bill


Gangmasters (Licensing) Bill

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(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

statutory instrument.

(5)   

A statutory instrument containing regulations made by the Secretary of State

under—

(a)   

section 1(5) (regulations as to status, constitution, etc. of the Authority),

or

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(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

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this Act, or

(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

Parliament.

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26      

Meaning of “worker”

(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.

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

may by order appoint.

(2)   

Different days may be appointed for different purposes and for different areas.

 

 

Gangmasters (Licensing) Bill

16

 

(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.

30      

Short title and extent

(1)   

This Act may be cited as the Gangmasters (Licensing) Act 2004.

5

(2)   

This Act extends to England and Wales, Scotland and Northern Ireland.

 

 

Gangmasters (Licensing) Bill
Schedule 1 — The Authority: consequential amendments of enactments

17

 

Schedules

Schedule 1

Section 1

 

The Authority: consequential amendments of enactments

Public Records Act 1958

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

place insert—

           

“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”.

Superannuation Act 1972

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

insert—

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

place insert—

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) Bill
Schedule 2 — Application of Act to Northern Ireland

18

 

place insert—

           

“Gangmasters Licensing Authority”.

Schedule 2

Section 28

 

Application of Act to Northern Ireland

Introduction

5

1     (1)  

The following provisions have effect in relation to the application of this Act

to Northern Ireland.

      (2)  

For the purposes of this Schedule the relevant Northern Ireland department

is the Department of Agriculture and Rural Development in Northern

Ireland.

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General

2     (1)  

References in this Schedule to “work in Northern Ireland” are to work—

(a)   

in Northern Ireland,

(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

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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.

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In this sub-paragraph “miles” means international nautical miles of 1,852

metres.

      (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.

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      (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

Northern Ireland.

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

Ireland department.

4          

Before making any regulations under that provision, the relevant Northern

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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.

 

 

Gangmasters (Licensing) Bill
Schedule 2 — Application of Act to Northern Ireland

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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

department.

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

Ireland department.

Section 7: Grant of licences

9          

The Authority shall grant separate licences in respect of activities as a

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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

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in connection with Northern Ireland licences, the reference to the Secretary

of State shall be read as a reference to the relevant Northern Ireland

department.

Section 10: Appeals

11         

In section 10 as it applies in relation to decisions made in connection with

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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

Ireland licences.

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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

 

 

Gangmasters (Licensing) Bill
Schedule 2 — Application of Act to Northern Ireland

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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

Ireland—

(a)   

in enforcing the provisions of section 6 (prohibition of unlicensed

activities), and

(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.

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      (3)  

The following are relevant authorities for this purpose—

(a)   

the Authority,

(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,

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(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

section 23.

      (2)  

The relevant Northern Ireland department shall lay a copy of the report

before the Northern Ireland Assembly.

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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.

 

 

Gangmasters (Licensing) Bill
Schedule 2 — Application of Act to Northern Ireland

21

 

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

Assembly.

      (4)  

Any other power under this Act to make a statutory rule is subject to

negative resolution.

           

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

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shall consult the relevant Northern Ireland department.

 

 

 
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