The Gangmasters (Licensing Conditions) (No.2) (Amendment) Rules 2008

Statutory Instruments

2008 No. 638

Employment

The Gangmasters (Licensing Conditions) (No.2) (Amendment) Rules 2008

Made

6th March 2008

Laid before Parliament

12th March 2008

Coming into force

6th April 2008

The Gangmasters Licensing Authority makes the following Rules in exercise of the powers conferred on them by sections 8 and 25(2) of the Gangmasters (Licensing) Act 2004(1).

They have consulted with the Secretary of State in accordance with section 8(3) of that Act.

Citation and commencement

1.  These Rules may be cited as the Gangmasters (Licensing Conditions) (No.2) (Amendment) Rules 2008; they come into force on 6th April 2008.

Amendments

2.—(1) The Gangmasters (Licensing Conditions) (No.2) Rules 2006(2) are amended as follows.

(2) In rule 7—

(a) for paragraph 3, substitute—

“(3) The application fee is based on the turnover of the business in the sector that is regulated by the 2004 Act for the previous financial year, or the expected turnover for the forthcoming financial year if the business has not previously traded in that sector, as placed in band A, B, C or D in the table.”;

(b) omit paragraph (4);

(c) for the table, substitute—

“Licence fees payable

Annual turnover of business	Fee band	Application fee	Renewal fee
£10 million or more	A	£12,900	£10,000
From £5 million to less than £10 million	B	£7,400	£5,000
From £1 million to less than £5 million	C	£4,050	£1,900
Less than £1 million	D	£2,250	£400”.

(3) In rule 8—

(a) in paragraph (1), omit “, and pay for,”;

(b) omit paragraphs (2) and (3) and the table.

Revocation

3.  The Gangmasters (Licensing Conditions) (No.2) (Amendment) Rules 2007(3) are revoked.

Paul Whitehouse

Chairman

Gangmasters Licensing Authority

6th March 2008

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Gangmasters (Licensing Conditions) (No.2) Rules 2006 (S.I. 2006/2373) (“the 2006 Rules”) which establish the procedure for licensing gangmasters covered by the provisions of the Gangmasters (Licensing) Act 2004 and the conditions that will apply to the licences.

Rule 7 of the 2006 Rules is amended to clarify the basis on which the licence fee is calculated, to remove the reduction to the fee available for some applications for a licence to gather shellfish, and to prescribe the fees payable for applications for, and renewals of, licences for the financial year 2008-2009. The previous annual fees were Fee band A £9000, Fee band B £4500, Fee band C £1750, and Fee band D £400.

Rule 8 of the 2006 Rules is amended to remove the provisions relating to fees for application inspections.

An Impact Assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the library of each House of Parliament. Copies may be obtained from the Gangmasters Licensing Authority, P.O. Box 8538, Nottingham, NG8 9AF.

(1)

2004 c. 11.

(2)

S.I. 2006/2373, as amended by S.I. 2007/401 (this amending instrument is revoked by these Rules).

(3)

S.I. 2007/401.