Gangmasters (Licensing) Act 2004 (c. 11)

The [F1 Gangmasters and Labour Abuse Authority] U.K.

Textual Amendments

F1 Words in s. 1 cross-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)

1 The [F2 Gangmasters and Labour Abuse Authority] U.K.

[F3 (1) The body known as the Gangmasters Licensing Authority is to continue to exist and is to be known as the Gangmasters and Labour Abuse Authority (in this Act referred to as “ the Authority ”). ]

(2) The functions of the Authority shall be—

(a) to carry out the functions relating to licensing that are conferred on it by this Act,

(b) to ensure the carrying out of such inspections as it considers necessary of persons holding licences under this Act,

(c) to keep under review generally the activities of persons acting as gangmasters,

(d) to supply information held by it to specified persons in accordance with the provisions of this Act,

(e) to keep under review the operation of this Act, and

(f) such other functions as may be prescribed in regulations made by the Secretary of State.

(3) The Authority may do anything that it considers is calculated to facilitate, or is incidental or conducive to, the carrying out of any of its functions.

[F4 (3A) When carrying out functions during a year to which a labour market enforcement strategy approved under section 2 of the Immigration Act 2016 relates, the Authority and its officers must carry out those functions in accordance with the strategy.]

(4) The Authority shall not be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown,

and the property of the Authority shall not be regarded as property of, or property held on behalf of, the Crown.

(5) The Secretary of State may by regulations make provision as to—

(a) the status and constitution of the Authority,

(b) the appointment of its members,

(c) the payment of remuneration and allowances to its members, and

(d) such other matters in connection with its establishment and operation as he thinks fit.

(6) Schedule 1 amends certain enactments in consequence of the establishment of the Authority.

Textual Amendments

F2 Words in s. 1 heading substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 15(a); Sch. 3 para. 14;S.I. 2016/603, reg. 3(u)

F3 S. 1(1) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 15(b); S.I. 2016/603, reg. 3(u)

F4 S. 1(3A) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 15(c); S.I. 2016/603, reg. 3(u)

Commencement Information

I1 S. 1 in force at 1.12.2004 by S.I. 2004/2857, art. 2(a)

2 Directions etc by the Secretary of State U.K.

(1) In carrying out its functions the Authority shall comply with any general or specific directions given to it in writing by the Secretary of State.

(2) Before giving any such directions the Secretary of State shall consult the Authority [F5 and the Director of Labour Market Enforcement].

(3) The Authority shall provide the Secretary of State with such information about its activities as he may request.

Textual Amendments

F5 Words in s. 2(2) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 16; S.I. 2016/603, reg. 3(u)

Commencement Information

I2 S. 2 in force at 1.12.2004 by S.I. 2004/2857, art. 2(b)