Gangmasters (Licensing) Bill

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Gangmasters (Licensing) Bill

Gangmasters (Licensing) Bill
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Appeals
(1)
The Secretary of State shall by regulations make provision for an appeal
against any decision of the Authority—
(a)
to refuse an application for a licence,
(b)
as to the conditions to which the grant of the licence is subject,
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(c)
to refuse consent to the transfer of a licence, or
(d)
to modify or revoke a licence.
(2)
The regulations shall make provision—
(a)
for and in connection with the appointment of a person to hear and
determine such appeals (including provision for the payment of
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remuneration and allowances to such a person), and
(b)
as to the procedure to be followed in connection with an appeal.
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Register of licences
(1)
The Authority shall establish and maintain a register of persons licensed under
this Act.
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(2)
The register shall contain such particulars as the Authority may determine of
every person who for the time being holds a licence or whose activities are
authorised by a licence (whether or not they are named in the licence).
(3)
The Authority shall ensure that appropriate arrangements are in force for
allowing members of the public to inspect the contents of the register.
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Offences
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Offences: acting as a gangmaster, being in possession of false documents etc
(1)
A person commits an offence if he acts as a gangmaster in contravention of
section 6 (prohibition of unlicensed activities).

For this purpose a person acting as a gangmaster does not contravene section 6
25
by reason only of the fact that he breaches a condition of the licence which
authorises him to so act.
(2)
A person commits an offence if he has in his possession or under his control—
(a)
a relevant document that is false and that he knows or believes to be
false,
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(b)
a relevant document that was improperly obtained and that he knows
or believes to have been improperly obtained, or
(c)
a relevant document that relates to someone else,

with the intention of inducing another person to believe that he or another
person acting as a gangmaster in contravention of section 6 is acting under the
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authority of a licence.
(3)
A person guilty of an offence under subsection (1) or (2) is liable on summary
conviction—
(a)
in England and Wales, to imprisonment for a term not exceeding
twelve months, or to a fine not exceeding the statutory maximum, or to
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both;

Gangmasters (Licensing) Bill
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(b)
in Scotland or Northern Ireland, to imprisonment for a term not
exceeding six months, or to a fine not exceeding the statutory
maximum, or to both.

In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44), for “twelve months” in paragraph (a)
5
substitute “six months”.
(4)
A person guilty of an offence under subsection (1) or (2) is liable on conviction
on indictment to imprisonment for a term not exceeding ten years, or to a fine,
or to both.
(5)
For the purposes of this section—
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(a)
except in Scotland, a document is false only if it is false within the
meaning of Part 1 of the Forgery and Counterfeiting Act 1981 (c. 45)
(see section 9(1) of that Act), and
(b)
a document was improperly obtained if false information was
provided, in or in connection with the application for its issue or an
15
application for its modification, to the person who issued it or (as the
case may be) to a person entitled to modify it,

and references to the making of a false document include references to the
modification of a document so that it becomes false.
(6)
In this section “relevant document” means—
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(a)
a licence, or
(b)
any document issued by the Authority in connection with a licence.
13
Offences: entering into arrangements with gangmasters
(1)
A person commits an offence if—
(a)
he enters into arrangements under which a person (“the gangmaster”)
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supplies him with workers or services, and
(b)
the gangmaster in supplying the workers or services contravenes
section 6 (prohibition of unlicensed activities).
(2)
In proceedings against a person for an offence under subsection (1) it is a
defence for him to prove that he—
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(a)
took all reasonable steps to satisfy himself that the gangmaster was
acting under the authority of a valid licence, and
(b)
did not know, and had no reasonable grounds for suspecting that the
gangmaster was not the holder of a valid licence.
(3)
The Secretary of State may by regulations make provision as to what
35
constitutes “reasonable steps” for the purposes of subsection (2)(a).
(4)
A person guilty of an offence under subsection (1) is liable—
(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,
40
(b)
on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding six months, or to a fine not
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, for “51 weeks” in paragraph (a) substitute “six
45
months”.

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Offences: supplementary provisions
(1)
An enforcement officer (see section 15) has the powers of arrest mentioned in
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—
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(a)
an offence under section 12(1) or (2),
(b)
conspiring to commit any such offence,
(c)
attempting to commit any such offence,
(d)
inciting, aiding, abetting, counselling or procuring the commission of
any such offence.
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(2)
Those powers are as follows—
(a)
if he has reasonable grounds for suspecting that such an offence has
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—
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(i)
anyone who is about to commit such an offence;
(ii)
anyone whom he has reasonable grounds for suspecting to be
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
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paragraph 9 insert—
“9A
An offence under section 12(1) or (2) of the Gangmasters (Licensing)
Act 2004 (acting as a gangmaster other than under the authority of a
licence, possession of false documents etc).”.
Enforcement
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Enforcement and compliance officers
(1)
The Secretary of State may appoint officers (“enforcement officers”) to act for
the purposes of this Act—
(a)
in enforcing the provisions of section 6 (prohibition of unlicensed
activities), and
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(b)
in taking action in circumstances in which it appears that an offence
under section 13 (persons entering into arrangements with
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
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officers of that authority to be enforcement officers.
(3)
The following are relevant authorities for this purpose—
(a)
the Authority,
(b)
any Minister of the Crown or government department,
(c)
the National Assembly for Wales,
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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

Gangmasters (Licensing) Bill
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the Authority may determine, compliance by a licence holder with the
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.
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(6)
If it appears to an enforcement officer or a compliance officer that any person
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.
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Powers of officers
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(1)
An enforcement officer or a compliance officer acting for the purposes of this
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
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copy any material part of them,
(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
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presence of any other person, as the officer thinks fit) any additional
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,
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is being complied with,
(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
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notice, to require a relevant person—
(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
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the notice to furnish any such explanation or additional information as
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.
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(4)
A person authorised by virtue of subsection (1)(a) to inspect any records is
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
the records in question.
(5)
In this section “relevant person” means any person whom an officer acting for
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the purposes of this Act has reasonable cause to believe to be—
(a)
a person acting as a gangmaster,

Gangmasters (Licensing) Bill
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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
5
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,
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“premises” includes any place and, in particular, includes—
(a)
any vehicle, vessel, aircraft or hovercraft, and
(b)
any tent or movable structure.
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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
20
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.
(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.
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(5)
In the application of this section to Scotland—

Gangmasters (Licensing) Bill
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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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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
10
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
20
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”.
19
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
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
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Gangmasters (Licensing) Bill
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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
5
(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
10
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.
Supplementary
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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.
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(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
25
be proceeded against and punished accordingly.
(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.
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(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.
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Application of Act to unincorporated associations
(1)
A licence under this Act may be granted to an unincorporated association
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(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
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an unincorporated association may be brought against the association in the
name of the association.