LegalizeReform history
Gangmasters (Licensing) Act 2004
11 versions
· 2004-07-08
2023-02-07
Gangmasters (Licensing) Act 2004
2022-04-28
Gangmasters (Licensing) Act 2004
2009-03-27
Gangmasters (Licensing) Act 2004
2008-10-01
Gangmasters (Licensing) Act 2004
2007-04-06
Gangmasters (Licensing) Act 2004
2007-03-01
Gangmasters (Licensing) Act 2004
2006-12-01
Gangmasters (Licensing) Act 2004
2006-10-01
Gangmasters (Licensing) Act 2004
2005-04-01
Gangmasters (Licensing) Act 2004
2004-12-01
Gangmasters (Licensing) Act 2004
Changes on 2004-12-01
@@ -6,7 +6,7 @@
##### 1
- (1) There shall be a body known as the Gangmasters Licensing Authority (in this Act referred to as “the Authority”).
- (1) There shall be a body known as the Gangmasters Licensing Authority (in this Act referred to as “*the Authority*”).
- (2) The functions of the Authority shall be—
@@ -74,9 +74,9 @@
This is subject to any provision made by regulations under subsection (5) below and to section 5 (territorial scope of application).
- (2) In subsection (1)(a) “agricultural work” means work in agriculture.
- (3) In this Act “agriculture” includes—
- (2) In subsection (1)(a) “*agricultural work*” means work in agriculture.
- (3) In this Act “*agriculture*” includes—
- (a) dairy-farming,
@@ -88,9 +88,9 @@
- (e) the use of land for market gardens or nursery grounds.
In paragraph (b) “consumable produce” means produce grown for sale, consumption or other use after severance from the land on which it is grown.
- (4) In this Act “shellfish” means crustaceans and molluscs of any kind, and includes any part of a shellfish and any (or any part of any) brood, ware, halfware or spat of shellfish, and any spawn of shellfish, and the shell, or any part of the shell, of a shellfish.
In paragraph (b) “*consumable produce*” means produce grown for sale, consumption or other use after severance from the land on which it is grown.
- (4) In this Act “*shellfish*” means crustaceans and molluscs of any kind, and includes any part of a shellfish and any (or any part of any) brood, ware, halfware or spat of shellfish, and any spawn of shellfish, and the shell, or any part of the shell, of a shellfish.
- (5) The Secretary of State may by regulations make provision—
@@ -100,7 +100,7 @@
- (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 Diseases of Fish Act [1937 (c. 33)](https://www.legislation.gov.uk/ukpga/1937/33)).
- (ii) the harvesting of fish from a fish farm (within the meaning of the Diseases of Fish Act 1937 (c. 33)).
#### Acting as a gangmaster
@@ -138,7 +138,7 @@
- (c) processing or packaging agricultural produce harvested or gathered as mentioned in paragraph (a).
In this subsection “agricultural produce” means any produce derived from agriculture.
In this subsection “*agricultural produce*” means any produce derived from agriculture.
- (6) For the purposes of subsection (4) or (5) A shall be treated as using a worker to do work to which this Act applies if he makes arrangements under which the worker does the work—
@@ -160,9 +160,9 @@
- (c) in UK coastal waters.
- (2) In subsection (1)(c) “UK coastal waters” means waters adjacent to the United Kingdom to a distance of six miles measured from the baselines from which the breadth of the territorial sea is measured.
In this subsection “miles” means international nautical miles of 1,852 metres.
- (2) In subsection (1)(c) “*UK coastal waters*” means waters adjacent to the United Kingdom to a distance of six miles measured from the baselines from which the breadth of the territorial sea is measured.
In this subsection “*miles*” means international nautical miles of 1,852 metres.
- (3) The provisions of this Act apply where a person acts as a gangmaster, whether in the United Kingdom or elsewhere, in relation to work to which this Act applies.
@@ -232,7 +232,7 @@
- (3) The Authority must consult the Secretary of State before making any rules about fees.
- (4) In subsection (2) “prescribed” means prescribed by the rules.
- (4) In subsection (2) “*prescribed*” means prescribed by the rules.
#### Modification, revocation or transfer of licence
@@ -304,19 +304,19 @@
- (b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act [2003 (c. 44)](https://www.legislation.gov.uk/ukpga/2003/44), for “twelve months” in paragraph (a) substitute “six months”.
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), for “twelve months” in paragraph (a) substitute “ six months ”.
- (4) A person guilty of an offence under subsection (1) or (2) is liable on conviction on indictment to imprisonment for a term not exceeding ten years, or to a fine, or to both.
- (5) For the purposes of this section—
- (a) except in Scotland, a document is false only if it is false within the meaning of Part 1 of the Forgery and Counterfeiting Act [1981 (c. 45)](https://www.legislation.gov.uk/ukpga/1981/45) (see section 9(1) of that Act), and
- (a) except in Scotland, a document is false only if it is false within the meaning of Part 1 of the Forgery and Counterfeiting Act 1981 (c. 45) (see section 9(1) of that Act), and
- (b) a document was improperly obtained if false information was provided, in or in connection with the application for its issue or an application for its modification, to the person who issued it or (as the case may be) to a person entitled to modify it,
and references to the making of a false document include references to the modification of a document so that it becomes false.
- (6) In this section “relevant document” means—
- (6) In this section “*relevant document*” means—
- (a) a licence, or
@@ -338,7 +338,7 @@
- (b) did not know, and had no reasonable grounds for suspecting that the gangmaster was not the holder of a valid licence.
- (3) The Secretary of State may by regulations make provision as to what constitutes “reasonable steps” for the purposes of subsection (2)(a).
- (3) The Secretary of State may by regulations make provision as to what constitutes “*reasonable steps*” for the purposes of subsection (2)(a).
- (4) A person guilty of an offence under subsection (1) is liable—
@@ -346,13 +346,13 @@
- (b) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act [2003 (c. 44)](https://www.legislation.gov.uk/ukpga/2003/44), for “51 weeks” in paragraph (a) substitute “six months”.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in paragraph (a) substitute “ six months ”.
#### Offences: supplementary provisions
##### 14
- (1) An enforcement officer (see section 15) has the powers of arrest mentioned in subsection (2) (in addition to powers under section 24(4) and (5) of the Police and Criminal Evidence Act [1984 (c. 60)](https://www.legislation.gov.uk/ukpga/1984/60)) in relation to any of the following offences—
- (1) An enforcement officer (see section 15) has the powers of arrest mentioned in subsection (2) (in addition to powers under section 24A of the Police and Criminal Evidence Act 1984 (c. 60)) in relation to any of the following offences—
- (a) an offence under section 12(1) or (2),
@@ -374,7 +374,7 @@
- (3) Subsections (1) and (2) do not apply in Scotland.
- (4) In Schedules 2, 4 and 5 to the Proceeds of Crime Act [2002 (c. 29)](https://www.legislation.gov.uk/ukpga/2002/29), after paragraph 9 insert—
- (4) In Schedules 2, 4 and 5 to the Proceeds of Crime Act 2002 (c. 29), after paragraph 9 insert—
> (9A) An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster other than under the authority of a licence, possession of false documents etc).
@@ -442,7 +442,7 @@
- (4) A person authorised by virtue of subsection (1)(a) to inspect any records is entitled to have access to, and to check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.
- (5) In this section “relevant person” means any person whom an officer acting for the purposes of this Act has reasonable cause to believe to be—
- (5) In this section “*relevant person*” means any person whom an officer acting for the purposes of this Act has reasonable cause to believe to be—
- (a) a person acting as a gangmaster,
@@ -452,9 +452,9 @@
- (6) In this section and section 17—
- “relevant premises” means any premises which an officer acting for the purposes of this Act has reasonable cause to believe to be— premises at which a person mentioned in subsection (5)(a) or (b) carries on business, and premises which such a person uses in connection with his business,
- “premises” includes any place and, in particular, includes— any vehicle, vessel, aircraft or hovercraft, and any tent or movable structure.
- “*relevant premises*” means any premises which an officer acting for the purposes of this Act has reasonable cause to believe to be—premises at which a person mentioned in subsection (5)(a) or (b) carries on business, andpremises which such a person uses in connection with his business,
- “*premises*” includes any place and, in particular, includes—any vehicle, vessel, aircraft or hovercraft, andany tent or movable structure.
#### Entry by warrant
@@ -508,7 +508,7 @@
- (b) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act [2003 (c. 44)](https://www.legislation.gov.uk/ukpga/2003/44), for “51 weeks” in paragraph (a) substitute “six months”.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in paragraph (a) substitute “ six months ”.
#### Information relating to gangmasters
@@ -538,7 +538,7 @@
- (b) does not limit the circumstances in which information may be used or supplied apart from this section.
- (5) In this section “enactment” means an Act of Parliament, an Act of the Scottish Parliament or any Northern Ireland legislation or any instrument made under or having effect by virtue of an Act of Parliament, an Act of the Scottish Parliament or any Northern Ireland legislation.
- (5) In this section “*enactment*” means an Act of Parliament, an Act of the Scottish Parliament or any Northern Ireland legislation or any instrument made under or having effect by virtue of an Act of Parliament, an Act of the Scottish Parliament or any Northern Ireland legislation.
- (6) References in this section to a person having functions of any description include references to any person providing, or employed in the provision of, services for that person in connection with those functions.
@@ -560,7 +560,7 @@
the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
- (4) In subsection (3) “officer” means—
- (4) In subsection (3) “*officer*” means—
- (a) any director, manager, secretary or other similar officer of the body corporate, or
@@ -584,11 +584,11 @@
- (b) the following provisions apply as they apply in relation to a body corporate—
- section 33 of the Criminal Justice Act [1925 (c. 86)](https://www.legislation.gov.uk/ukpga/1925/86) and Schedule 3 to the Magistrates' Courts Act [1980 (c. 43)](https://www.legislation.gov.uk/ukpga/1980/43),
- section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43),
- sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995,
- section 18 of the [Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.))](https://www.legislation.gov.uk/apni/1945/15) and Schedule 4 to the [Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26))](https://www.legislation.gov.uk/nisi/1981/1675).
- section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26)).
- (5) A fine imposed on the association on its conviction of an offence shall be paid out of the funds of the association.
@@ -600,7 +600,7 @@
the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.
- (7) In subsection (6) “officer”, in relation to any association, means—
- (7) In subsection (6) “*officer*”, in relation to any association, means—
- (a) any officer of the association or any member of its governing body, or
@@ -636,11 +636,11 @@
- (b) the following provisions apply as they apply in relation to a body corporate—
- section 33 of the Criminal Justice Act [1925 (c. 86)](https://www.legislation.gov.uk/ukpga/1925/86) and Schedule 3 to the Magistrates' Courts Act [1980 (c. 43)](https://www.legislation.gov.uk/ukpga/1980/43),
- section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43),
- sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995,
- section 18 of the [Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.))](https://www.legislation.gov.uk/apni/1945/15) and Schedule 4 to the [Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26))](https://www.legislation.gov.uk/nisi/1981/1675).
- section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26)).
- (7) A fine imposed on a partnership on its conviction of an offence shall be paid out of the funds of the partnership.
@@ -652,7 +652,7 @@
the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.
- (9) In subsections (3) and (8) “partner” includes a person purporting to act as a partner.
- (9) In subsections (3) and (8) “*partner*” includes a person purporting to act as a partner.
### Miscellaneous and general
@@ -676,7 +676,7 @@
##### 25
- (1) In this Act, unless otherwise indicated, “prescribed” means prescribed by regulations made by the Secretary of State.
- (1) In this Act, unless otherwise indicated, “*prescribed*” means prescribed by regulations made by the Secretary of State.
- (2) Any power to make regulations or rules under this Act includes power to make different provision for different cases.
@@ -704,7 +704,7 @@
##### 26
- (1) In this Act “worker” means an individual who does work to which this Act applies.
- (1) In this Act “*worker*” means an individual who does work to which this Act applies.
- (2) A person is not prevented from being a worker for the purposes of this Act by reason of the fact that he has no right to be, or to work, in the United Kingdom.
@@ -712,9 +712,9 @@
##### 27
- (1) The Employment Agencies Act [1973 (c. 35)](https://www.legislation.gov.uk/ukpga/1973/35) does not apply to an employment agency or an employment business in so far as it consists of activities for which a licence is required under this Act.
- (2) In subsection (1) “employment agency” and “employment business” have the same meaning as in that Act.
- (1) The Employment Agencies Act 1973 (c. 35) does not apply to an employment agency or an employment business in so far as it consists of activities for which a licence is required under this Act.
- (2) In subsection (1) “*employment agency*” and “*employment business*” have the same meaning as in that Act.
#### Application of Act to Northern Ireland
@@ -746,61 +746,37 @@
##### 1
In Schedule 1 to the Public Records Act [1958 (c. 51)](https://www.legislation.gov.uk/ukpga/1958/51) (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert—
> Gangmasters Licensing Authority
.
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
##### 2
In Schedule 2 to the Parliamentary Commissioner Act [1967 (c. 13)](https://www.legislation.gov.uk/ukpga/1967/13) (departments etc. subject to investigation), at the appropriate place insert—
> Gangmasters Licensing Authority
.
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
##### 3
In Schedule 1 to the Superannuation Act [1972 (c. 11)](https://www.legislation.gov.uk/ukpga/1972/11) (kinds of employment to which that Act applies), at the appropriate place insert—
> Gangmasters Licensing Authority
.
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
##### 4
In Part 2 of Schedule 1 to the House of Commons Disqualification Act [1975 (c. 24)](https://www.legislation.gov.uk/ukpga/1975/24) (bodies whose members are disqualified), at the appropriate place insert—
> Gangmasters Licensing Authority
.
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
##### 5
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act [1975 (c. 25)](https://www.legislation.gov.uk/ukpga/1975/25) (bodies whose members are disqualified), at the appropriate place insert—
> Gangmasters Licensing Authority
.
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
##### 6
In Part 6 of Schedule 1 to the Freedom of Information Act [2000 (c. 36)](https://www.legislation.gov.uk/ukpga/2000/36) (bodies etc. that are public authorities for the purposes of the Act), at the appropriate place insert—
> Gangmasters Licensing Authority
.
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 2
@@ -824,9 +800,9 @@
- (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.
- (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.
@@ -860,7 +836,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/1937/33) substitute a reference to the [Fisheries Act (N.I.) 1966 (c. 17 (N.I.)](https://www.legislation.gov.uk/apni/1966/17)).
- (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.)).
#### Section 6: Prohibition of unlicensed activities
@@ -904,7 +880,7 @@
##### 14
In section 14(1) (additional powers of arrest) the reference to section 24(4) and (5) of the Police and Criminal Evidence Act [1984 (c. 60)](https://www.legislation.gov.uk/ukpga/1984/60) 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))](https://www.legislation.gov.uk/nisi/1989/1341).
In section 14(1) (additional powers of arrest) the reference to 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)).
#### Section 15: Enforcement and compliance officers
@@ -924,7 +900,7 @@
- (b) any Minister of the Crown or government department,
- (c) any Minister within the meaning of the Northern Ireland Act [1998 (c. 47)](https://www.legislation.gov.uk/ukpga/1998/47) or Northern Ireland 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.
@@ -954,19 +930,19 @@
- (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.
- (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))](https://www.legislation.gov.uk/nisi/1979/1573).
- (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.))](https://www.legislation.gov.uk/apni/1954/33).
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
##### 20
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)](https://www.legislation.gov.uk/ukpga/1973/35) shall be read as references to Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 ([SI 1981/839 (N.I. 20)](https://www.legislation.gov.uk/nisi/1981/839)).
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
@@ -1099,75 +1075,3 @@
[^key-bf5c51afbf5c2cc288fac0196d70ede3]: Words in [s. 14(1)](https://www.legislation.gov.uk/ukpga/2004/11/section/14/1) substituted (1.1.2006) by [Serious Organised Crime and Police Act 2005 (c. 15)](https://www.legislation.gov.uk/ukpga/2005/15), [s. 178(8)](https://www.legislation.gov.uk/ukpga/2005/15/section/178/8), [Sch. 7 para. 62(a)](https://www.legislation.gov.uk/ukpga/2005/15/schedule/7/paragraph/62/a); [S.I. 2005/3495](https://www.legislation.gov.uk/uksi/2005/3495), [art. 2(1)(m)](https://www.legislation.gov.uk/uksi/2005/3495/article/2/1/m)
[^key-367e9b92bc5d58725aca13142ec7da73]: Words in Sch. 2 para. 14 substituted (1.1.2006) by [Serious Organised Crime and Police Act 2005 (c. 15)](https://www.legislation.gov.uk/ukpga/2005/15), [s. 178(8)](https://www.legislation.gov.uk/ukpga/2005/15/section/178/8), [Sch. 7 para. 62(b)](https://www.legislation.gov.uk/ukpga/2005/15/schedule/7/paragraph/62/b); [S.I. 2005/3495](https://www.legislation.gov.uk/uksi/2005/3495), [art. 2(1)(m)](https://www.legislation.gov.uk/uksi/2005/3495/article/2/1/m)
#### Directions etc by the Secretary of State
#### Enforcement and compliance officers
#### Information relating to gangmasters
#### Application of Act to bodies corporate
#### Application of Act to partnerships
#### Relationship with other agencies: requests for assistance
##### 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.
2004-07-08
Gangmasters (Licensing) Act 2004
original version
Text at this date