Immigration Act 2016 (c. 19)

SCHEDULES

SCHEDULE 3 U.K. Consequential and related amendments

Modern Slavery Act 2015 (c. 30) U.K.

28 U.K. The Modern Slavery Act 2015 is amended as follows.

Commencement Information

I1 Sch. 3 para. 28 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

29 U.K. In section 52 (duty to notify Secretary of State about suspected victims of slavery or human trafficking), in subsection (5)(k), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

Commencement Information

I2 Sch. 3 para. 29 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

30 E+W At the beginning of Part 7, after the italic heading “Miscellaneous” insert—

“54A Gangmasters and Labour Abuse Authority: information gateways

(1) A specified person may disclose information to the Gangmasters and Labour Abuse Authority (the “Authority”) or a relevant officer if the disclosure is made for the purposes of the exercise of any function of the Authority or the officer under this Act.

(2) Information obtained by the Authority or a relevant officer in connection with the exercise of any function of the Authority or the officer under this Act may be used by the Authority or the officer in connection with the exercise of any other such function of the Authority or the officer.

(3) The Authority or a relevant officer may disclose to a specified person information obtained in connection with the exercise of any function of the Authority or the officer under this Act if the disclosure is made for the purposes of the exercise of any function of the specified person.

(4) A disclosure of information which is authorised by this section does not breach—

(a) an obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(5) But nothing in this section authorises the making of a disclosure which—

(a) contravenes the Data Protection Act 1998, or

(b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

(6) This section does not limit the circumstances in which information may be disclosed apart from this section.

(7) “Specified person” means a person specified in Schedule 4A (information gateways: specified persons).

(8) The Secretary of State may by regulations amend Schedule 4A.

(9) In this section, “relevant officer” means an officer of the Authority who is acting for the purposes of Part 1 or 2 of this Act (see sections 11A and 30A).”

Commencement Information

I3 Sch. 3 para. 30 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

31 U.K. Omit section 55 (review of Gangmasters Licensing Authority).

Commencement Information

I4 Sch. 3 para. 31 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

32 U.K. In section 58 (regulations), in subsection (4), after paragraph (j) insert—

“(ja) regulations under section 54A(8) (power to amend Schedule 4A);”.

Commencement Information

I5 Sch. 3 para. 32 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

33 U.K. In section 60 (extent)—

(a) in subsection (1), after “section 53)” insert “ and section 54A, and Schedule 4A, in Part 7 ”;

(b) in subsection (3), after “and 7” insert “ (except for section 54A and Schedule 4A) ”.

Commencement Information

I6 Sch. 3 para. 33 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

34 U.K. In Schedule 3 (public authorities under duty to co-operate with the Independent Anti-slavery Commissioner), for “Gangmasters Licensing Authority” substitute “ Gangmasters and Labour Abuse Authority ”.

Commencement Information

I7 Sch. 3 para. 34 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)

35 E+W After Schedule 4 insert—

Section 54A

“SCHEDULE 4A E+W Information gateways: specified persons

Authorities with functions in connection with the labour market etc E+W

• The Secretary of State.

• A person by whom, or by whose officers, labour market enforcement functions (within the meaning given by section 3 of the Immigration Act 2016) are exercisable.

Law enforcement and border security E+W

• A chief officer of police for a police area in England and Wales.

• The chief constable of the British Transport Police Force.

• An immigration officer.

Local government E+W

• A county council in England or Wales.

• A county borough council in Wales.

• A district council in England.

• A London borough council.

• The Greater London Authority.

• The Common Council of the City of London.

• The Council of the Isles of Scilly.

Health bodies E+W

• A National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.

• An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

• A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

Other E+W

• The Independent Anti-slavery Commissioner.”

Commencement Information

I8 Sch. 3 para. 35 in force at 12.7.2016 by S.I. 2016/603, reg. 3(u)