The Gangmasters (Appeals) Regulations (Northern Ireland) 2006

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide for an appeals procedure against decisions of the Gangmasters Licensing Authority, under the Gangmasters (Licensing) Act 2004 (c. 11), to refuse to grant a licence, to impose conditions to which a licence is subject, to modify or revoke a licence, or to refuse to transfer a licence.

The overriding objective of the Regulations is to enable an appointed person to deal with appeals justly. Dealing with an appeal justly includes, so far as practicable—

(a) ensuring that the parties are on an equal footing

(b) dealing with the appeal in ways which are proportionate to the complexity or importance of the issues and

(c) ensuring that the appeal is dealt with expeditiously and fairly.

The appointed person will give effect to the overriding objective when he—

(a) exercises the powers given to him by these Regulations or

(b) interprets any provision.

The parties will assist the appointed person to further the overriding objective.

Regulations 3 and 4 provide for the appointment and remuneration of an appointed person to consider appeals and for a Secretariat to administer the appeals procedure.

Regulation 5 lists the decisions which may be appealed.

The procedure to be followed when making or replying to an appeal is set out in regulations 6 to 13. Regulation 9(3) provides that if the Authority fails to send a reply to the appeal within a specified timeframe it may not take any further part in the appeal proceedings unless the appointed person so directs. Regulation 13 enables the appointed person to grant an extension of time.

Regulation 14 allows the appointed person to make such directions as are considered necessary or desirable.

Regulation 15 provides for the determination of an appeal without an oral hearing if both parties agree and the appointed person considers it appropriate.

Regulations 16 to 19 provide for the procedure up to and at the hearing.

Regulation 20 provides an expedited procedure for appeals against decisions which have taken immediate effect.

Regulations 21 and 22 provide for the determination of the appeal.

Regulation 23 provides that a register of decisions and reasons be kept by the Secretariat.

Regulation 24 provides that the appointed person may give directions as appropriate to deal with irregularities.

Regulation 25 provides for delivery of documentation required under the Regulations.

A Regulatory Impact Assessment has been prepared. Copies can be obtained from Farm Policy Branch, Department of Agriculture and Rural Development, Dundonald House, Upper Newtownards Road, Belfast BT4 3SB.