PART 1Labour market and illegal working
CHAPTER 1Labour market
Labour market enforcement orders
I118Power to make LME order on application
1
The appropriate court may, on an application by an enforcing authority under section 19, make a labour market enforcement order against a person if the court—
a
is satisfied, on the balance of probabilities, that the person has committed, or is committing, a trigger offence, and
b
considers that it is just and reasonable to make the order.
2
A labour market enforcement order (an “LME order”) is an order which—
a
prohibits or restricts the person against whom it is made (“the respondent”) from doing anything set out in the order;
b
requires the respondent to do anything set out in the order.
See section 21.
3
In this section “the appropriate court”—
a
where the conduct constituting the trigger offence took or is taking place primarily in England and Wales, means a magistrates' court;
b
where that conduct took or is taking place primarily in Scotland, means the sheriff;
c
where that conduct took or is taking place primarily in Northern Ireland, means a court of summary jurisdiction.
4
An application for an LME order under this section is—
a
in England and Wales, to be made by complaint;
b
in Northern Ireland, to be made by complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).