SCHEDULES
SCHEDULE 1The Authority: consequential amendments of enactments
Public Records Act 1958
I11
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
”
.
Parliamentary Commissioner Act 1967
I22
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments etc. subject to investigation), at the appropriate place insert— “
Gangmasters Licensing Authority
”
.
Superannuation Act 1972
I33
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
”
.
House of Commons Disqualification Act 1975
I44
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
”
.
Northern Ireland Assembly Disqualification Act 1975
I55
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
”
.
Freedom of Information Act 2000
I66
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
”
.
SCHEDULE 2Application of Act to Northern Ireland
Introduction
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1
The following provisions have effect in relation to the application of this Act to Northern Ireland.
2
For the purposes of this Schedule the relevant Northern Ireland department is the Department of Agriculture and Rural Development in Northern Ireland.
General
I82
1
References in this Schedule to “work in Northern Ireland” are to work—
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.
Section 1: The F4Gangmasters and Labour Abuse Authority
I93
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.
I104
Before making any regulations under that provision, the relevant Northern Ireland department shall consult the Secretary of State.
I115
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.
Section 2: Directions etc. by the Secretary of State
I126
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 IrelandF6—
a
the references in section 2 to the Secretary of State shall be read as references to the relevant Northern Ireland departmentF7, and
b
the requirement under subsection (2) of that section to consult the Director of Labour Market Enforcement is to be ignored.
Section 3: Work to which this Act applies
I137
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
F8b
paragraph (b) is to be read as if for “work of a prescribed description as being work to which this Act applies” there were substituted “work of the following nature as being work to which this Act applies—
i
the gathering (by any manner) of wild creatures, or wild plants, of a prescribed description and the processing and packaging of anything so gathered, and
ii
the harvesting of fish from a fish farm (within the meaning of the Fisheries Act (NI) 1966 (c 17 (NI)).
Section 6: Prohibition of unlicensed activities
I148
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.
Section 7: Grant of licences
I189
The Authority shall grant separate licences in respect of activities as a gangmaster in relation to work in Northern Ireland.
Section 8: General power of Authority to make rules
I1910
1
Rules under section 8 (general power of Authority to make rules) may make different provision for Northern Ireland licences.
F52
Section 8(1) as it applies in relation to Northern Ireland licences is to be read as if the words “with the approval of the Secretary of State” were omitted.
3
The Authority must consult the relevant Northern Ireland department before making any Northern Ireland rules about fees.
Section 10: Appeals
I1511
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.
Section 11: Register of licences
I2612
The Authority shall establish and maintain a separate register of Northern Ireland licences.
Section 13: Offences: entering into arrangements with gangmasters
I2713
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.
Section 14: Offences: supplementary provisions
I2414
Section 15: Enforcement and compliance officers
I2015
1
The relevant Northern Ireland department may appoint officers (“enforcement officers”) to act for the purposes of this Act in Northern Ireland—
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.
Section 17: Entry by warrant
I2116
In section 17 the reference in subsection (1) to information on oath shall be read as a reference to a complaint on oath.
F3Section 19: Information relating to gangmasters
Sch. 2 paras. 16A, 16B and cross-headings inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 24(6); S.I. 2016/603, reg. 3(u)
16A
1
Section 19 as it applies in relation to Northern Ireland functions is to be read as if—
a
paragraph (aa) of subsection (1) (and the reference to it in subsection (2)) were omitted,
b
subsections (1A)(b) and (1B) were omitted, and
c
in subsection (2), after “Information” there were inserted the words
“
relating to the operations of a person acting as a gangmaster
”
.
2
In this paragraph “ Northern Ireland functions ” means functions under this Act in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland.
Section 22A: Relationship with other agencies: requests for assistance
16B
Section 22A does not apply 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.
Section 23: Annual report
I2217
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.
2
The relevant Northern Ireland department shall lay a copy of the report before the Northern Ireland Assembly.
Section 24: Financial provision
I2318
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.
Section 25: Regulations, rules and orders
I1619
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.
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.)).
Section 27: Exclusion of provisions relating to employment agencies and businesses
I25I2820
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)).
Section 29: Commencement and transitional provision
I1721
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.
Words in Sch. 2 para. 3 cross-heading substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 24(2); S.I. 2016/603, reg. 3(u)