Gangmasters (Licensing) Act 2004

[^key-8be93eb1e8a47426a745c3420ea341e1]: S. 3(6) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 17(b); S.I. 2016/603, reg. 3(u)

[^key-a288a942a58644ccc6c913ad2772826c]: Words in s. 3(5)(b) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 17(a); S.I. 2016/603, reg. 3(u)

[^key-0926069cd05700d73091032f5d2f5001]: Words in s. 8(1) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 18(a); S.I. 2016/603, reg. 3(u)

[^key-e897fd3fd6d872ed6fbc8f4a73727f26]: S. 8(3) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 18(b); S.I. 2016/603, reg. 3(u)

[^key-76f96977d27bb47a1974a44848bb7c5a]: Sch. 2 para. 10(2)(3) substituted for Sch. 2 para. 10(2) (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 24(5); S.I. 2016/603, reg. 3(u)

[^key-1bc093f9f9015998cc7f9377efc6dd8c]: Word in Sch. 2 para. 6 inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 24(3)(a); S.I. 2016/603, reg. 3(u)

[^key-5aefc4be2ea06fbeed42dad44d92edbd]: Sch. 2 para. 6(b) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 24(3)(b); S.I. 2016/603, reg. 3(u)

[^key-565608f6dd669d77d3666ecd10d62f79]: Sch. 2 para. 7(b) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 24(4); S.I. 2016/603, reg. 3(u)

[^key-906d4b4ec50d177d757f48c71e7b8f8e]: Words in s. 1cross-heading substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 14; S.I. 2016/603, reg. 3(u)

[^key-0e25f56559795d4025fb01de949812af]: Words in s. 12(3) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

[^key-7e8861f00de5364e50633b7604a61e4a]: Words in s. 12(3) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

Work to which this Act applies

Powers of officers

Information relating to gangmasters

Application of Act to unincorporated associations

Application of Act to partnerships

Annual report

22A

• (1) The Authority may request any of the following to provide assistance to the Authority or any of its officers—

• (a) a chief officer of police for a police area in England and Wales;

• (b) the Director General of the National Crime Agency;

• (c) a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

• (d) any other person prescribed or of a prescribed description.

• (2) The Authority may make a request under subsection (1) only if it considers that the assistance would facilitate the exercise of any function by the Authority or any of its officers.

• (3) Any of the following persons may request the Authority to provide assistance to the person—

• (a) a chief officer of police for a police area in England and Wales;

• (b) a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

• (c) any other person prescribed or of a prescribed description.

• (4) A person may make a request under subsection (3) only if the person considers that the assistance would facilitate the exercise by the person of any function.

• (5) A request under this section must—

• (a) set out what assistance is being requested, and

• (b) explain how the assistance would facilitate the exercise of the function.

• (6) A person who receives a request under this section must respond to it in writing within a reasonable period.

• (7) Regulations under this section must not make provision which would be—

• (a) within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament,

• (b) within the legislative competence of the National Assembly for Wales if contained in an Act of that Assembly, or

• (c) within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly made without the consent of the Secretary of State.

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.