Office of Public Sector Information
(1) If a justice of the peace is satisfied by written information on oath that there are reasonable grounds for an enforcement officer to enter relevant premises for the purpose of ascertaining whether there has been any contravention of section 6 (prohibition of unlicensed activities), and is also satisfied—
(a) that admission to the premises has been refused, or that a refusal is expected, and (in either case) that notice of the intention to apply for a warrant has been given to the occupier,
(b) that an application for admission, or the giving of such a notice, would defeat the object of the entry,
(c) that the case is one of extreme urgency, or
(d) that the premises are unoccupied or the occupier is temporarily absent,
the justice may issue a warrant authorising the enforcement officer to enter the premises, if necessary using reasonable force.
(2) An enforcement officer entering any premises by virtue of a warrant under this section may—
(a) take with him when he enters those premises such other persons and such other equipment as he considers necessary,
(b) carry out on those premises such inspections and examinations as he considers necessary for the purpose of ascertaining whether there has been any contravention of section 6, and
(c) take possession of any book, document, data, record (in whatever form it is held) or product which is on the premises and retain it for as long as he considers necessary for that purpose.
(3) On leaving any premises which an enforcement officer is authorised to enter by a warrant under this section, that officer shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.
(4) Where by virtue of subsection (2)(c) an enforcement officer takes possession of any item, he shall leave on the premises from which the item was removed a statement giving particulars of what he has taken and stating that he has taken possession of it.
(5) In the application of this section to Scotland—
(a) the reference to a justice of the peace being satisfied by written information on oath, shall be read as a reference to a sheriff or a justice of the peace being satisfied; and
(b) “the justice” shall be read as a reference to the sheriff, or as the case may be, to the justice.
(1) A person commits an offence who—
(a) intentionally obstructs an enforcement officer or compliance officer who is acting in the exercise of his functions under this Act, or
(b) without reasonable cause, fails to comply with any requirement made of him by such an officer who is so acting.
(2) A person who, in giving any information which is required of him by an enforcement officer or compliance officer, makes a statement which is false in a material particular commits an offence.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding the statutory maximum, or to both,
(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), for “51 weeks” in paragraph (a) substitute “six months”.
(1) Information held by any person for the purposes of, or for any purpose connected with, the exercise of functions under this Act—
(a) may be supplied to any other person for use for any such purpose, and
(b) may be supplied to any person having functions in relation to—
(i) the enforcement of any other enactment applying to the operations of a person acting as a gangmaster,
(ii) the enforcement of any other enactment in connection with accommodation, meals or facilities provided to workers, or the conditions in which they work, or
(iii) offences committed by workers in connection with or by reason of their doing work to which this Act applies,
for use for the purposes of, or for any purpose connected with, those functions.
(2) Information relating to the operations of a person acting as a gangmaster which is held by any person for the purposes of, or for any purpose connected with, such functions as are mentioned in subsection (1)(b) may be supplied to any person having functions under this Act for the purposes of, or for any purpose connected with, the exercise of those functions.
(3) Information supplied under subsection (2) by or on behalf of the Commissioners of Inland Revenue or the Commissioners of Customs and Excise must not be supplied by the recipient to any other person without the consent of the Commissioners concerned.
(4) This section—
(a) has effect notwithstanding any restriction on the disclosure of information imposed by any enactment or rule of law, and
(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.
(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.
(1) A licence under this Act may be granted to a body corporate.
(2) A licence granted to a body corporate authorises activities carried on by the body through such persons representing, or acting on behalf of, the body as are named or otherwise specified in the licence.
(3) If an offence under this Act committed by a body corporate is shown—
(a) to have been committed with the consent or connivance of an officer of the body corporate, or
(b) to be attributable to any neglect on his part,
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—
(a) any director, manager, secretary or other similar officer of the body corporate, or
(b) any person purporting to act in any such capacity.
(5) If the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(1) A licence under this Act may be granted to an unincorporated association (other than a partnership).
(2) A licence granted to an unincorporated association authorises activities carried on by the association through such persons representing, or acting on behalf of, the association as are named or otherwise specified in the licence.
(3) Proceedings for an offence under this Act alleged to have been committed by an unincorporated association may be brought against the association in the name of the association.
(4) For the purposes of such proceedings—
(a) rules of court relating to the service of documents have effect as if the association were a body corporate, and
(b) the following provisions apply as they apply in relation to a body corporate—
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.)) 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.
(6) If an offence under this Act committed by an unincorporated association is shown—
(a) to have been committed with the consent or connivance of an officer of the association, or
(b) to be attributable to any neglect on his part,
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—
(a) any officer of the association or any member of its governing body, or
(b) any person purporting to act in such a capacity.
(1) A licence under this Act may be granted to a partnership in the firm name.
(2) Where the partnership is not regarded as a legal person under the law of the country or territory under which it is formed, the grant of a licence to the partnership in the firm name—
(a) continues to have effect notwithstanding a change of partners, so long as at least one of the persons who was a partner before the change remains a partner after it; and
(b) has effect as the grant of a licence to those partners named in the licence.
(3) If in the case of such a partnership an offence under this Act committed by a partner is shown—
(a) to have been committed with the consent or connivance of another partner, or
(b) to be attributable to any neglect on the part of another partner,
that other partner, as well as the first-mentioned partner, is guilty of the offence and liable to be proceeded against and punished accordingly.
(4) A licence granted to a partnership that is regarded as a legal person under the law of the country or territory under which it is formed authorises activities carried on by the partnership through those partners named in the licence.
(5) Proceedings for an offence under this Act alleged to have been committed by such a partnership may be brought against the partnership in the firm name.
(6) For the purposes of such proceedings—
(a) rules of court relating to the service of documents have effect as if the partnership were a body corporate, and
(b) the following provisions apply as they apply in relation to a body corporate—
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.)) 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.
(8) If an offence under this Act committed by a partnership is shown—
(a) to have been committed with the consent or connivance of a partner, or
(b) to be attributable to any neglect on the part of a partner,
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.
The Secretary of State shall each year lay a report before each House of Parliament on the operation of this Act.
(1) The Secretary of State may make payments to the Authority of such amounts, at such times and on such conditions (if any) as he considers appropriate.
(2) The Authority shall (unless the Secretary of State directs otherwise) pay to the Secretary of State all sums received by it in the course of, or in connection with, the carrying out of its functions.
(3) Any sums received by the Secretary of State under subsection (2) shall be paid into the Consolidated Fund.
(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.
(3) Any power of the Secretary of State to make regulations or orders under this Act is exercisable by statutory instrument.
(4) Any power of the Authority to make rules under this Act is exercisable by statutory instrument.
(5) A statutory instrument containing regulations made by the Secretary of State under—
(a) section 1(5) (regulations as to status, constitution, etc. of the Authority), or
(b) section 3(5)(b) (regulations extending work to which this Act applies),
must not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) A statutory instrument containing—
(a) regulations made by the Secretary of State under any other provision of this Act, or
(b) rules made by the Authority under section 8 (general power of Authority to make rules),
is subject to annulment in pursuance of a resolution of either House of Parliament.
(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.
(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.
The provisions of Schedule 2 to this Act have effect with respect to the application of this Act to Northern Ireland.
(1) The provisions of this Act come into force on such day as the Secretary of State may by order appoint.
(2) Different days may be appointed for different purposes and for different areas.
(3) The Secretary of State may by order make such transitional provision as he considers appropriate in connection with the coming into force of any provision of this Act.
(1) This Act may be cited as the Gangmasters (Licensing) Act 2004.
(2) This Act extends to England and Wales, Scotland and Northern Ireland.
Gangmasters (Licensing) Act 2004