- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (06/04/2007)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 12/07/2016
Point in time view as at 06/04/2007.
Gangmasters (Licensing) Act 2004, SCHEDULE 2 is up to date with all changes known to be in force on or before 08 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 28
1(1)The following provisions have effect in relation to the application of this Act to Northern Ireland.U.K.
(2)For the purposes of this Schedule the relevant Northern Ireland department is the Department of Agriculture and Rural Development in Northern Ireland.
Commencement Information
I1Sch. 2 para. 1 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
2(1)References in this Schedule to “work in Northern Ireland” are to work—U.K.
(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.
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.
Commencement Information
I2Sch. 2 para. 2 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
3U.K.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 1(2)(f) (power to prescribe additional functions of Authority) shall be read as a reference to the relevant Northern Ireland department.
Commencement Information
I3Sch. 2 para. 3 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
4U.K.Before making any regulations under that provision, the relevant Northern Ireland department shall consult the Secretary of State.
Commencement Information
I4Sch. 2 para. 4 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
5U.K.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.
Commencement Information
I5Sch. 2 para. 5 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
6U.K.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 department.
Commencement Information
I6Sch. 2 para. 6 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
7U.K.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 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.)).
Commencement Information
I7Sch. 2 para. 7 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
8U.K.In section 6(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.
Commencement Information
I8Sch. 2 para. 8 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
9U.K.The Authority shall grant separate licences in respect of activities as a gangmaster in relation to work in Northern Ireland.
Commencement Information
I9Sch. 2 para. 9 in force at 1.4.2005 by S.I. 2005/447, art. 2(o)
10(1)Rules under section 8 (general power of Authority to make rules) may make different provision for Northern Ireland licences.U.K.
(2)In section 8(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.
Commencement Information
I10Sch. 2 para. 10 in force at 1.4.2005 by S.I. 2005/447, art. 2(o)
11U.K.In section 10 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.
Commencement Information
I11Sch. 2 para. 11 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
12U.K.The Authority shall establish and maintain a separate register of Northern Ireland licences.
Commencement Information
I12Sch. 2 para. 12 in force at 1.10.2006 by S.I. 2006/2406, art. 2(h)
13U.K.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 reference to the Secretary of State shall be read as a reference to the relevant Northern Ireland department.
Commencement Information
I13Sch. 2 para. 13 in force at 1.10.2006 by S.I. 2006/2406, art. 2(h)
14U.K.In section 14(1) (additional powers of arrest) the reference to [F1 section 24A ] of the Police and Criminal Evidence Act 1984 (c. 60) shall be read as a reference to [F2Article 26(4) and (5)][F2 Article 26A ] of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ 1341 (N.I. 12)).
Textual Amendments
F1Words in Sch. 2 para. 14 substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 7 para. 62(b); S.I. 2005/3495, art. 2(1)(m)
F2Words in Sch. 2 para. 14 substituted (N.I.) (1.3.2007) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288), art. 1(2), Sch. 1 para. 38
Commencement Information
I14Sch. 2 para. 14 in force at 1.10.2006 by S.I. 2006/2406, art. 2(h)
15(1)The relevant Northern Ireland department may appoint officers (“enforcement officers”) to act for the purposes of this Act in Northern Ireland—U.K.
(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 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 (c. 47) or Northern Ireland department,
(d)any body performing functions on behalf of the Crown.
Commencement Information
I15Sch. 2 para. 15 in force at 1.4.2005 by S.I. 2005/447, art. 2(o)
16U.K.In section 17 the reference in subsection (1) to information on oath shall be read as a reference to a complaint on oath.
Commencement Information
I16Sch. 2 para. 16 in force at 1.4.2005 by S.I. 2005/447, art. 2(o)
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.U.K.
(2)The relevant Northern Ireland department shall lay a copy of the report before the Northern Ireland Assembly.
Commencement Information
I17Sch. 2 para. 17 in force at 1.4.2005 by S.I. 2005/447, art. 2(o)
18U.K.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 to the relevant Northern Ireland department.
Commencement Information
I18Sch. 2 para. 18 in force at 1.4.2005 by S.I. 2005/447, art. 2(o)
19(1)In section 25(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.U.K.
(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 (S.I. 1979/ 1573 (N.I. 12)).
(3)A statutory rule containing regulations under section 3(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.
(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 (c. 33 (N.I.)).
Commencement Information
I19Sch. 2 para. 19 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
20U.K.In section 27 as it applies in relation to activities in relation to work in Northern Ireland, the references to the Employment Agencies Act 1973 (c. 35) shall be read as references to Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (SI 1981/839 (N.I. 20)).
Commencement Information
I20Sch. 2 para. 20 in force at 1.10.2006 for specified purposes by S.I. 2006/2406, art. 2(i)
I21Sch. 2 para. 20 in force at 6.4.2007 for specified purposes by S.I. 2007/695, art. 2(e)
21U.K.Before exercising the power under section 29(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.
Commencement Information
I22Sch. 2 para. 21 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys