Gangmasters (Licensing) Bill

House of Lords

Session 2003 - 04
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Gangmasters (Licensing) Bill

Gangmasters (Licensing) Bill
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(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—
5

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
10
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
shown—
15
(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.
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(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
(1)
A licence under this Act may be granted to a partnership in the firm name.
25
(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
30
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—
(a)
to have been committed with the consent or connivance of another
35
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
40
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—
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Gangmasters (Licensing) Bill
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(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 (c. 86) and Schedule 3 to
5
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
Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
10
(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,
15

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.
Miscellaneous and general
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23
Annual report
The Secretary of State shall each year lay a report before each House of
Parliament on the operation of this Act.
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Financial provision
(1)
The Secretary of State may make payments to the Authority of such amounts,
25
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
30
into the Consolidated Fund.
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Regulations, rules and orders
(1)
In this Act, unless otherwise indicated, “prescribed” means prescribed by
regulations made by the Secretary of State.
(2)
Any power to make regulations or rules under this Act includes power to make
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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.
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Gangmasters (Licensing) Bill
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(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
(b)
section 3(5)(b) (regulations extending work to which this Act applies),
5

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
10
(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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Meaning of “worker”
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(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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Exclusion of provisions relating to employment agencies and businesses
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(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
same meaning as in that Act.
25
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.
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Commencement and transitional provision
(1)
The provisions of this Act come into force on such day as the Secretary of State
30
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.
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Short title and extent
(1)
This Act may be cited as the Gangmasters (Licensing) Act 2004.
(2)
This Act extends to England and Wales, Scotland and Northern Ireland.

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

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
5
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—
15

“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—
20

“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—
25

“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
5
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.
10
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
30
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
35
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
5
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
10
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
8
In section 6(2) (power to specify circumstances in which licence not
15
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
9
The Authority shall grant separate licences in respect of activities as a
20
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
25
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
30
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
14
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
10
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
15
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
16
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
30
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
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 24(1) to the Secretary of State shall be read as a reference
40
to the relevant Northern Ireland department.