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New clause 19
Information relating to gangmasters
'(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 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 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, 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 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 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.
(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.'.—[Jim Sheridan.]
Brought up, read the First and Second time, and added to the Bill.
New clause 20
Application of Act to bodies corporate
'(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—
(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.
(4) In subsection (3) ''officer'' means—
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(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) 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.'.—[Jim Sheridan.]
Brought up, read the First and Second time, and added to the Bill.
New clause 21
Application of Act to unincorporated associations
'(1) A licence under this Act may be granted to an unincorporated association (other than a partnership).
(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 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 corporate—
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980,
sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995,
section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981.
(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 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 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.'.—[Jim Sheridan.]
Brought up, read the First and Second time, and added to the Bill.
New clause 22
Application of Act to partnerships
'(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 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.
(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.
(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—
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980,
sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995,
section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981.
(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
(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.'.—[Jim Sheridan.]
Brought up, read the First and Second time, and added to the Bill.
New clause 23
Annual report
'The Secretary of State shall each year lay a report before each House of Parliament on the operation of this Act.'—[Jim Sheridan.]
Brought up, read the First and Second time, and added to the Bill.
New clause 24
Financial provision
'(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.
(3) Any sums received by the Secretary of State under subsection (2) shall be paid into the Consolidated Fund.'.—[Jim Sheridan.]
Brought up, read the First and Second time, and added to the Bill.
New clause 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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(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 statutory instrument.
(5) A statutory instrument containing regulations made by the Secretary of State under—
(a) section (The Gangmasters Licensing Authority)(5) (regulations as to status, constitution, etc. of the Authority), or
(b) section (Work to which this Act applies)(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 this Act, or
(b) rules made by the Authority under section (General power of Authority to make rules) (general power of Authority to make rules),
is subject to annulment in pursuance of a resolution of either House of Parliament.'.—[Jim Sheridan.]
Brought up, read the First and Second time, and added to the Bill.
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