Gangmasters (Licensing) Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

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
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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.
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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
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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
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(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
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(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.
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Short title and extent
(1)
This Act may be cited as the Gangmasters (Licensing) Act 2004.
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(2)
This Act extends to England and Wales, Scotland and Northern Ireland.

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

“Gangmasters Licensing Authority”.
Schedule 2
Section 28

Application of Act to Northern Ireland
Introduction
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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
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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
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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
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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
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In section 6(2) (power to specify circumstances in which licence not
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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
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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
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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
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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
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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
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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
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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
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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
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to the relevant Northern Ireland department.

Gangmasters (Licensing) Bill
Schedule 2 — Application of Act to Northern Ireland
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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.
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      (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
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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
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Provisions) (Northern Ireland) Order 1981 (SI 1981/839 (N.I. 20)).
Section 29: Commencement and transitional provision
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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.