- Latest available (Revised)
- Point in Time (01/12/2004)
- Original (As enacted)
Version Superseded: 01/04/2005
Point in time view as at 01/12/2004.
Gangmasters (Licensing) Act 2004 is up to date with all changes known to be in force on or before 01 September 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.
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Section 1
1U.K.In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert— “ Gangmasters Licensing Authority ”.
Commencement Information
I1Sch. 1 para. 1 in force at 1.12.2004 by S.I. 2004/2857, art. 2(l)
2U.K.In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13) (departments etc. subject to investigation), at the appropriate place insert— “ Gangmasters Licensing Authority ”.
Commencement Information
I2Sch. 1 para. 2 in force at 1.12.2004 by S.I. 2004/2857, art. 2(l)
3U.K.In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment to which that Act applies), at the appropriate place insert— “ Gangmasters Licensing Authority ”.
Commencement Information
I3Sch. 1 para. 3 in force at 1.12.2004 by S.I. 2004/2857, art. 2(l)
4U.K.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— “ Gangmasters Licensing Authority ”.
Commencement Information
I4Sch. 1 para. 4 in force at 1.12.2004 by S.I. 2004/2857, art. 2(l)
5U.K.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— “ Gangmasters Licensing Authority ”.
Commencement Information
I5Sch. 1 para. 5 in force at 1.12.2004 by S.I. 2004/2857, art. 2(l)
6U.K.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 place insert— “ Gangmasters Licensing Authority ”.
Commencement Information
I6Sch. 1 para. 6 in force at 1.12.2004 by S.I. 2004/2857, art. 2(l)
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
I7Sch. 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
I8Sch. 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
I9Sch. 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
I10Sch. 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
I11Sch. 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
I12Sch. 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
I13Sch. 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
I14Sch. 2 para. 8 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
Valid from 01/04/2005
9U.K.The Authority shall grant separate licences in respect of activities as a gangmaster in relation to work in Northern Ireland.
Valid from 01/04/2005
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.
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
I15Sch. 2 para. 11 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
Valid from 01/10/2006
12U.K.The Authority shall establish and maintain a separate register of Northern Ireland licences.
Valid from 01/10/2006
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.
Valid from 01/10/2006
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 Article 26(4) and (5) 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)
Valid from 01/04/2005
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.
Valid from 01/04/2005
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.
Valid from 01/04/2005
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.
Valid from 01/04/2005
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.
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
I16Sch. 2 para. 19 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
Valid from 01/10/2006
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)).
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
I17Sch. 2 para. 21 in force at 1.12.2004 by S.I. 2004/2857, art. 2(m)
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