SCHEDULES

SCHEDULE 3Consequential and related amendments

Gangmasters (Licensing) Act 2004 (c. 11)

24

(1)

Schedule 2 (application of Act to Northern Ireland) is amended as follows.

(2)

In the italic heading before paragraph 3, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.

(3)

In paragraph 6—

(a)

after “work in Northern Ireland,” insert “—

(a)”;

(b)

at the end insert “, and

(b)

the requirement under subsection (2) of that section to consult the Director of Labour Market Enforcement is to be ignored.”

(4)

In paragraph 7, for paragraph (b) substitute—

“(b)

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)).”

(5)

In paragraph 10, for sub-paragraph (2) substitute—

“(2)

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.”

(6)

After paragraph 16 insert—

“Section 19: Information relating to gangmasters

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.”