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Gangmasters (Licensing) Bill


Gangmasters (Licensing) Bill

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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)

substitute “six months”.

14      

Offences: supplementary provisions

(1)   

An enforcement officer (see section 15) has the powers of arrest mentioned in

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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

offences—

(a)   

an offence under section 12(1) or (2),

(b)   

conspiring to commit any such offence,

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(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

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

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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

paragraph 9 insert—

“9A        

An offence under section 12(1) or (2) of the Gangmasters (Licensing)

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Act 2004 (acting as a gangmaster other than under the authority of a

licence, possession of false documents etc).”.

Enforcement

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

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 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—

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(a)   

the Authority,

(b)   

any Minister of the Crown or government department,

(c)   

the National Assembly for Wales,

 

 

Gangmasters (Licensing) Bill

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(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

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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

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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

that person.

16      

Powers of officers

(1)   

An enforcement officer or a compliance officer acting for the purposes of this

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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,

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(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

any such records,

(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

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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,

   

is being complied with,

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(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)

to (c).

(2)   

The powers conferred by subsection (1) include power, on reasonable written

notice, to require a relevant person—

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(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

notice, or

(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

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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

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entitled to have access to, and to check the operation of, any computer and any

 

 

Gangmasters (Licensing) Bill

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associated apparatus or material which is or has been in use in connection with

the records in question.

(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,

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(b)   

a person supplied with workers or services by a person acting as a

gangmaster,

(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

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purposes of this Act has reasonable cause to believe to be—

(a)   

premises at which a person mentioned in subsection (5)(a) or (b)

carries on business, and

(b)   

premises which such a person uses in connection with his

business,

15

   

“premises” includes any place and, in particular, includes—

(a)   

any vehicle, vessel, aircraft or hovercraft, and

(b)   

any tent or movable structure.

17      

Entry by warrant

(1)   

If a justice of the peace is satisfied by written information on oath that there are

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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

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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,

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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

section may—

(a)   

take with him when he enters those premises such other persons and

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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

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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

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effectively secured against trespassers as he found them.

 

 

Gangmasters (Licensing) Bill

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(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

possession of it.

(5)   

In the application of this section to Scotland—

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(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

be, to the justice.

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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

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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—

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(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

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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)

substitute “six months”.

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Information relating to gangmasters

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(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

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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

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of their doing work to which this Act applies,

   

for use for the purposes of, or for any purpose connected with, those

functions.

(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,

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such functions as are mentioned in subsection (1)(b) may be supplied to any

 

 

Gangmasters (Licensing) Bill

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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.

(4)   

This section—

(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.

Supplementary

20      

Application of Act to bodies corporate

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(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—

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(a)   

to have been committed with the consent or connivance of an officer of

the body corporate, or

(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.

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(4)   

In subsection (3) “officer” means—

(a)   

any director, manager, secretary or other similar officer of the body

corporate, or

(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)

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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).

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Gangmasters (Licensing) Bill

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(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

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name of the association.

(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

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corporate—

   

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

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shown—

(a)   

to have been committed with the consent or connivance of an officer of

the association, or

(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

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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

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(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

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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

partner is shown—

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(a)   

to have been committed with the consent or connivance of another

partner, or

(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.

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Gangmasters (Licensing) Bill

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(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

corporate—

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

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(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

partner.

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Miscellaneous and general

23      

Annual report

The Secretary of State shall each year lay a report before each House of

Parliament on the operation of this Act.

24      

Financial provision

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(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.

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(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.

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