Gangmasters (Licensing) Bill

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New clause 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.'.—[Jim Sheridan.]

Brought up, read the First and Second time, and added to the Bill.

New clause 27

Exclusion of provisions relating to employment agencies and businesses

'(1) The Employment Agencies Act 1973 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 same meaning as in that Act'.—[Jim Sheridan.]

Brought up, read the First and Second time, and added to the Bill.

New clause 28

Application of Act to Northern Ireland

'The provisions of Schedule (Application of Act to Northern Ireland) to this Act have effect with respect to the application of this Act to Northern Ireland.'.—[Jim Sheridan.]

Brought up, read the First and Second time, and added to the Bill.

New clause 29

Commencement and transitional provision

'(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.

(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.'.—[Jim Sheridan.]

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Brought up, read the First and Second time, and added to the Bill.

Schedule disagreed to.

New schedule 1

'The Authority: consequential amendments of enactments

Public Records Act 1958

1 In Schedule 1 to the Public Records Act 1958 (definition of public 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 (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 (kinds of employment to which that Act applies), at the appropriate place insert—

''Gangmasters Licensing Authority''.

House of Commons Disqualification Act 1975

4 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified), at the appropriate place insert—

''Gangmasters Licensing Authority''.

Northern Ireland Assembly Disqualification Act 1975

5 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified), at the appropriate place insert—

''Gangmasters Licensing Authority''.

Freedom of Information Act 2000

6 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (bodies etc.that are public authorities for the purposes of the Act), at the appropriate place insert—

''Gangmasters Licensing Authority''.'.

—[Jim Sheridan.]

Brought up, read the First and Second time, and added to the Bill.

New schedule 2

'Application of Act to Northern Ireland

Introduction

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.

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 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.

(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 (The Gangmasters Licensing Authority): The Gangmasters Licensing Authority

3 In relation to persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland, the reference to the Secretary of State in section (The Gangmasters Licensing Authority) (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 Ireland department shall consult the Secretary of State.

5 Before making any regulations under section (The Gangmasters Licensing Authority)(5) (regulations as to status, constitution etc of the Authority), the Secretary of State shall consult the relevant Northern Ireland department.

Section (Directions etc by the Secretary of State): 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 (Directions etc by the Secretary of State) to the Secretary of State shall be read as references to the relevant Northern Ireland department.

Section (Work to which this Act applies): Work to which this Act applies

7 In section (Work to which this Act applies) (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 the relevant Northern Ireland department, and

(b) for the reference to the Diseases of Fish Act 1937 substitute a reference to the Fisheries Act (N.I.) 1966.

Section (Prohibition of unlicensed activities): Prohibition of unlicensed activities

8 In section (Prohibition of unlicensed activities) (2) (power to specify circumstances in which licence not 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 (Grant of licence): Grant of licence

9 The Authority shall grant separate licences in respect of activities as a gangmaster in relation to work in Northern Ireland.

Section (General power of Authority to make rules): General power of Authority to make rules

10 (1) Rules under section (General power of Authority to make rules) (general power of Authority to make rules) may make different provision for Northern Ireland licences.

(2) In section (General power of Authority to make rules) (3) as it applies in relation to rules requiring the payment of fees 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 (Appeals): Appeals

11 In section (Appeals) as it applies in relation to decisions made 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 (Register of licences): Register of licences

12 The Authority shall establish and maintain a separate register of Northern Ireland licences.

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Section (Offences: entering into arrangements with gangmasters): Offences: entering into arrangements with gangmasters

13 In section (Offences: entering into arrangements with gangmasters) (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 reference to the Secretary of State shall be read as a reference to the relevant Northern Ireland department.

Section (Offences: supplementary provisions): Offences: supplementary provisions

14 In section (Offences: supplementary provisions) (1) (additional powers of arrest) the reference to section 24(4) and (5) of the Police and Criminal Evidence Act 1984 shall be read as a reference to Article 26(4) and (5) of the Police and Criminal Evidence (Northern Ireland) Order 1989.

Section (Enforcement and compliance officers): 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 Ireland—

(a) in enforcing the provisions of section (Prohibition of unlicensed activities) (prohibition of unlicensed activities), and

(b) in taking action in circumstances in which it appears that an offence under section (Offences: entering into arrangements with gangmasters) (persons entering into arrangements with 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.

(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 or Northern Ireland department,

(d) any body performing functions on behalf of the Crown.

Section (Entry by warrant): Entry by warrant

16 In section (Entry by warrant) the reference in subsection (1) to information on oath shall be read as a reference to a complaint on oath.

Section (Annual report): Annual report

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 (Annual report).

(2) The relevant Northern Ireland department shall lay a copy of the report before the Northern Ireland Assembly.

Section (Financial provision): 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 (Financial provision) (1) to the Secretary of State shall be read as a reference to the relevant Northern Ireland department.

Section (Regulations, rules and orders): Regulations, rules and orders

19 (1) In section (Regulations, rules and orders) (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.

(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).

(3) A statutory rule containing regulations under 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 rule has been laid before and approved by the Northern Ireland Assembly.

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(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 with section 41 of the Interpretation Act (Northern Ireland) 1954.

Section (Exclusion of provisions relating to employment agencies and businesses): Exclusion of provisions relating to employment agencies and businesses

20 In section (Exclusion of provisions relating to employment agencies and businesses) as it applies in relation to activities in relation to work in Northern Ireland, the references to the Employment Agencies Act 1973 shall be read as references to Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981.

Section (Commencement and transitional provision): Commencement and transitional provision

21 Before exercising the power under section (Commencement and transitional provision)(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 shall consult the relevant Northern Ireland department.'.—[Jim Sheridan.]

Brought up, read the First and Second time, and added to the Bill.

 

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Prepared 28 April 2004