|
| |
|
| In relation to an offence committed before the commencement of section 281(5) |
| |
of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in paragraph (a) |
| |
| |
14 | Offences: supplementary provisions |
| |
(1) | An enforcement officer (see section 15) has the powers of arrest mentioned in |
| 5 |
subsection (2) (in addition to powers under section 24(4) and (5) of the Police |
| |
and Criminal Evidence Act 1984 (c. 60)) in relation to any of the following |
| |
| |
(a) | an offence under section 12(1) or (2), |
| |
(b) | conspiring to commit any such offence, |
| 10 |
(c) | attempting to commit any such offence, |
| |
(d) | inciting, aiding, abetting, counselling or procuring the commission of |
| |
| |
(2) | Those powers are as follows— |
| |
(a) | if he has reasonable grounds for suspecting that such an offence has |
| 15 |
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 |
| 20 |
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 (c. 29), after |
| |
| |
“9A | An offence under section 12(1) or (2) of the Gangmasters (Licensing) |
| 25 |
Act 2004 (acting as a gangmaster other than under the authority of a |
| |
licence, possession of false documents etc).”. |
| |
| |
15 | Enforcement and compliance officers |
| |
(1) | The Secretary of State may appoint officers (“enforcement officers”) to act for |
| 30 |
the purposes of this Act— |
| |
(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 |
| 35 |
gangmasters) has been, is being, or may be committed. |
| |
(2) | The Secretary of State may, instead of or in addition to appointing enforcement |
| |
officers under subsection (1), make arrangements with a relevant authority for |
| |
officers of that authority to be enforcement officers. |
| |
(3) | The following are relevant authorities for this purpose— |
| 40 |
| |
(b) | any Minister of the Crown or government department, |
| |
(c) | the National Assembly for Wales, |
| |
|
| |
|
| |
|
(d) | the Scottish Ministers, |
| |
(e) | any body performing functions on behalf of the Crown. |
| |
(4) | The Authority may appoint officers (“compliance officers”) to act for the |
| |
purposes of this Act in verifying, from time to time or in such circumstances as |
| |
the Authority may determine, compliance by a licence holder with the |
| 5 |
conditions of the licence. |
| |
(5) | When acting for the purposes of this Act, an enforcement officer or a |
| |
compliance officer shall, if so required, produce some duly authenticated |
| |
document showing his authority to act. |
| |
(6) | If it appears to an enforcement officer or a compliance officer that any person |
| 10 |
with whom he is dealing while acting for the purposes of this Act does not |
| |
know that he is an officer so acting, the officer shall identify himself as such to |
| |
| |
| |
(1) | An enforcement officer or a compliance officer acting for the purposes of this |
| 15 |
Act shall have power for the performance of his duties— |
| |
(a) | to require the production by a relevant person of any records required |
| |
to be kept by virtue of this Act, to inspect and examine those records, to |
| |
remove those records from the premises where they are kept and to |
| |
copy any material part of them, |
| 20 |
(b) | to require a relevant person to furnish to him (either alone or in the |
| |
presence of any other person, as the officer thinks fit) an explanation of |
| |
| |
(c) | to require a relevant person to furnish to him (either alone or in the |
| |
presence of any other person, as the officer thinks fit) any additional |
| 25 |
information known to the relevant person which might reasonably be |
| |
needed in order to establish whether— |
| |
(i) | any provision of this Act, or |
| |
(ii) | any condition of any licence granted under it, |
| |
| 30 |
(d) | at all reasonable times to enter any relevant premises in order to |
| |
exercise any power conferred on the officer by virtue of paragraphs (a) |
| |
| |
(2) | The powers conferred by subsection (1) include power, on reasonable written |
| |
notice, to require a relevant person— |
| 35 |
(a) | to produce any such records as are mentioned in paragraph (a) of that |
| |
subsection to an officer at such time and place as may be specified in the |
| |
| |
(b) | to attend before an officer at such time and place as may be specified in |
| |
the notice to furnish any such explanation or additional information as |
| 40 |
is mentioned in paragraph (b) or (c) of that subsection. |
| |
(3) | The power conferred by subsection (1)(a) includes, in relation to records which |
| |
are kept by means of a computer, power to require the records to be produced |
| |
in a form in which they are legible and can be taken away. |
| |
(4) | A person authorised by virtue of subsection (1)(a) to inspect any records is |
| 45 |
entitled to have access to, and to check the operation of, any computer and any |
| |
|
| |
|
| |
|
associated apparatus or material which is or has been in use in connection with |
| |
| |
(5) | In this section “relevant person” means any person whom an officer acting for |
| |
the purposes of this Act has reasonable cause to believe to be— |
| |
(a) | a person acting as a gangmaster, |
| 5 |
(b) | a person supplied with workers or services by a person acting as a |
| |
| |
(c) | any employee or agent of a person falling within paragraph (a) or (b). |
| |
(6) | In this section and section 17— |
| |
| “relevant premises” means any premises which an officer acting for the |
| 10 |
purposes of this Act has reasonable cause to believe to be— |
| |
(a) | premises at which a person mentioned in subsection (5)(a) or (b) |
| |
| |
(b) | premises which such a person uses in connection with his |
| |
| 15 |
| “premises” includes any place and, in particular, includes— |
| |
(a) | any vehicle, vessel, aircraft or hovercraft, and |
| |
(b) | any tent or movable structure. |
| |
| |
(1) | If a justice of the peace is satisfied by written information on oath that there are |
| 20 |
reasonable grounds for an enforcement officer to enter relevant premises for |
| |
the purpose of ascertaining whether there has been any contravention of |
| |
section 6 (prohibition of unlicensed activities), and is also satisfied— |
| |
(a) | that admission to the premises has been refused, or that a refusal is |
| |
expected, and (in either case) that notice of the intention to apply for a |
| 25 |
warrant has been given to the occupier, |
| |
(b) | that an application for admission, or the giving of such a notice, would |
| |
defeat the object of the entry, |
| |
(c) | that the case is one of extreme urgency, or |
| |
(d) | that the premises are unoccupied or the occupier is temporarily absent, |
| 30 |
| the justice may issue a warrant authorising the enforcement officer to enter the |
| |
premises, if necessary using reasonable force. |
| |
(2) | An enforcement officer entering any premises by virtue of a warrant under this |
| |
| |
(a) | take with him when he enters those premises such other persons and |
| 35 |
such other equipment as he considers necessary, |
| |
(b) | carry out on those premises such inspections and examinations as he |
| |
considers necessary for the purpose of ascertaining whether there has |
| |
been any contravention of section 6, and |
| |
(c) | take possession of any book, document, data, record (in whatever form |
| 40 |
it is held) or product which is on the premises and retain it for as long |
| |
as he considers necessary for that purpose. |
| |
(3) | On leaving any premises which an enforcement officer is authorised to enter |
| |
by a warrant under this section, that officer shall, if the premises are |
| |
unoccupied or the occupier is temporarily absent, leave the premises as |
| 45 |
effectively secured against trespassers as he found them. |
| |
|
| |
|
| |
|
(4) | Where by virtue of subsection (2)(c) an enforcement officer takes possession of |
| |
any item, he shall leave on the premises from which the item was removed a |
| |
statement giving particulars of what he has taken and stating that he has taken |
| |
| |
(5) | In the application of this section to Scotland— |
| 5 |
(a) | the reference to a justice of the peace being satisfied by written |
| |
information on oath, shall be read as a reference to a sheriff or a justice |
| |
of the peace being satisfied; and |
| |
(b) | “the justice” shall be read as a reference to the sheriff, or as the case may |
| |
| 10 |
18 | Obstruction of officers |
| |
(1) | A person commits an offence who— |
| |
(a) | intentionally obstructs an enforcement officer or compliance officer |
| |
who is acting in the exercise of his functions under this Act, or |
| |
(b) | without reasonable cause, fails to comply with any requirement made |
| 15 |
of him by such an officer who is so acting. |
| |
(2) | A person who, in giving any information which is required of him by an |
| |
enforcement officer or compliance officer, makes a statement which is false in |
| |
a material particular commits an offence. |
| |
(3) | A person guilty of an offence under this section is liable— |
| 20 |
(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 |
| |
| |
(b) | on summary conviction in Scotland or Northern Ireland, to |
| |
imprisonment for a term not exceeding six months, or to a fine not |
| 25 |
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 (c. 44), for “51 weeks” in paragraph (a) |
| |
| |
19 | Information relating to gangmasters |
| 30 |
(1) | Information held by any person for the purposes of, or for any purpose |
| |
connected with, the exercise of functions under this Act— |
| |
(a) | may be supplied to any other person for use for any such purpose, and |
| |
(b) | may be supplied to any person having functions in relation to— |
| |
(i) | the enforcement of any other enactment applying to the |
| 35 |
operations of a person acting as a gangmaster, |
| |
(ii) | the enforcement of any other enactment in connection with |
| |
accommodation, meals or facilities provided to workers, or the |
| |
conditions in which they work, or |
| |
(iii) | offences committed by workers in connection with or by reason |
| 40 |
of their doing work to which this Act applies, |
| |
| for use for the purposes of, or for any purpose connected with, those |
| |
| |
(2) | Information relating to the operations of a person acting as a gangmaster which |
| |
is held by any person for the purposes of, or for any purpose connected with, |
| 45 |
such functions as are mentioned in subsection (1)(b) may be supplied to any |
| |
|
| |
|
| |
|
person having functions under this Act for the purposes of, or for any purpose |
| |
connected with, the exercise of those functions. |
| |
(3) | Information supplied under subsection (2) by or on behalf of the |
| |
Commissioners of Inland Revenue or the Commissioners of Customs and |
| |
Excise must not be supplied by the recipient to any other person without the |
| 5 |
consent of the Commissioners concerned. |
| |
| |
(a) | has effect notwithstanding any restriction on the disclosure of |
| |
information imposed by any enactment or rule of law, and |
| |
(b) | does not limit the circumstances in which information may be used or |
| 10 |
supplied apart from this section. |
| |
(5) | In this section “enactment” means an Act of Parliament, an Act of the Scottish |
| |
Parliament or any Northern Ireland legislation or any instrument made under |
| |
or having effect by virtue of an Act of Parliament, an Act of the Scottish |
| |
Parliament or any Northern Ireland legislation. |
| 15 |
(6) | References in this section to a person having functions of any description |
| |
include references to any person providing, or employed in the provision of, |
| |
services for that person in connection with those functions. |
| |
| |
20 | Application of Act to bodies corporate |
| 20 |
(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— |
| 25 |
(a) | to have been committed with the consent or connivance of an officer of |
| |
| |
(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. |
| 30 |
(4) | In subsection (3) “officer” means— |
| |
(a) | any director, manager, secretary or other similar officer of the body |
| |
| |
(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) |
| 35 |
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. |
| |
21 | Application of Act to unincorporated associations |
| |
(1) | A licence under this Act may be granted to an unincorporated association |
| |
(other than a partnership). |
| 40 |
|
| |
|
| |
|
(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 |
| 5 |
| |
(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 |
| 10 |
| |
| section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to |
| |
the Magistrates’ Courts Act 1980 (c. 43), |
| |
| sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995, |
| |
| section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 |
| 15 |
(N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern |
| |
Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)). |
| |
(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 |
| 20 |
| |
(a) | to have been committed with the consent or connivance of an officer of |
| |
| |
(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 |
| 25 |
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. |
| |
22 | Application of Act to partnerships |
| 30 |
(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 |
| 35 |
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 |
| |
| 40 |
(a) | to have been committed with the consent or connivance of another |
| |
| |
(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. |
| 45 |
|
| |
|
| |
|
(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. |
| 5 |
(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 |
| |
| 10 |
| section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to |
| |
the Magistrates’ Courts Act 1980 (c. 43), |
| |
| sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995, |
| |
| section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 |
| |
(N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern |
| 15 |
Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)). |
| |
(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 |
| 20 |
(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 |
| |
| 25 |
Miscellaneous and general |
| |
| |
The Secretary of State shall each year lay a report before each House of |
| |
Parliament on the operation of this Act. |
| |
| 30 |
(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. |
| 35 |
(3) | Any sums received by the Secretary of State under subsection (2) shall be paid |
| |
into the Consolidated Fund. |
| |
25 | Regulations, rules and orders |
| |
(1) | In this Act, unless otherwise indicated, “prescribed” means prescribed by |
| |
regulations made by the Secretary of State. |
| 40 |
|
| |
|