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Gangmasters (Licensing) Act 2004

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Section 28

SCHEDULE 2E+W+S+N.I.Application of Act to Northern Ireland

IntroductionE+W+S+N.I.

1(1)The following provisions have effect in relation to the application of this Act to Northern Ireland.E+W+S+N.I.

(2)For the purposes of this Schedule the relevant Northern Ireland department is the Department of Agriculture and Rural Development in Northern Ireland.

GeneralE+W+S+N.I.

2(1)References in this Schedule to “work in Northern Ireland” are to work—E+W+S+N.I.

(a)in Northern Ireland,

(b)on any portion of the shore or bed of the sea, or of an estuary or tidal river, adjacent to Northern Ireland, whether above or below (or partly above and partly below) the low water mark, or

(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.

(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.

(4)References in this Schedule to “Northern Ireland licences” are to licences under this Act in respect of activities as a gangmaster in relation to work in Northern Ireland.

Section 1: The Gangmasters Licensing AuthorityE+W+S+N.I.

3In relation to persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland, the reference to the Secretary of State in section 1(2)(f) (power to prescribe additional functions of Authority) shall be read as a reference to the relevant Northern Ireland department.E+W+S+N.I.

4Before making any regulations under that provision, the relevant Northern Ireland department shall consult the Secretary of State.E+W+S+N.I.

5Before making any regulations under section 1(5) (regulations as to status, constitution etc of the Authority), the Secretary of State shall consult the relevant Northern Ireland department.E+W+S+N.I.

Section 2: Directions etc. by the Secretary of StateE+W+S+N.I.

6In 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, the references in section 2 to the Secretary of State shall be read as references to the relevant Northern Ireland department.E+W+S+N.I.

Section 3: Work to which this Act appliesE+W+S+N.I.

7In section 3(5) (power to make regulations excluding or including work) as it applies in relation to work in Northern Ireland—E+W+S+N.I.

(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) substitute a reference to the Fisheries Act (N.I.) 1966 (c. 17 (N.I.)).

Section 6: Prohibition of unlicensed activitiesE+W+S+N.I.

8In section 6(2) (power to specify circumstances in which licence not required) as it applies in relation to work in Northern Ireland, the reference to the Secretary of State shall be read as a reference to the relevant Northern Ireland department.E+W+S+N.I.

Section 7: Grant of licencesE+W+S+N.I.

9The Authority shall grant separate licences in respect of activities as a gangmaster in relation to work in Northern Ireland.E+W+S+N.I.

Section 8: General power of Authority to make rulesE+W+S+N.I.

10(1)Rules under section 8 (general power of Authority to make rules) may make different provision for Northern Ireland licences.E+W+S+N.I.

(2)In section 8(3) as it applies in relation to rules requiring the payment of fees in connection with Northern Ireland licences, the reference to the Secretary of State shall be read as a reference to the relevant Northern Ireland department.

Section 10: AppealsE+W+S+N.I.

11In section 10 as it applies in relation to decisions made in connection with Northern Ireland licences, the reference to the Secretary of State shall be read as a reference to the relevant Northern Ireland department.E+W+S+N.I.

Section 11: Register of licencesE+W+S+N.I.

12The Authority shall establish and maintain a separate register of Northern Ireland licences.E+W+S+N.I.

Section 13: Offences: entering into arrangements with gangmastersE+W+S+N.I.

13In section 13(3) (power to make regulations as to what constitutes “reasonable steps”) as it applies in relation to persons entering into arrangements with gangmasters in relation to work in Northern Ireland, the reference to the Secretary of State shall be read as a reference to the relevant Northern Ireland department.E+W+S+N.I.

Section 14: Offences: supplementary provisionsE+W+S+N.I.

14In 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) 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)).E+W+S+N.I.

Section 15: Enforcement and compliance officersE+W+S+N.I.

15(1)The relevant Northern Ireland department may appoint officers (“enforcement officers”) to act for the purposes of this Act in Northern Ireland—E+W+S+N.I.

(a)in enforcing the provisions of section 6 (prohibition of unlicensed activities), and

(b)in taking action in circumstances in which it appears that an offence under section 13 (persons entering into arrangements with gangmasters) has been, is being, or may be committed.

(2)The relevant Northern Ireland department may, instead of or in addition to appointing enforcement officers under sub-paragraph (1), make arrangements with a relevant authority for officers of that authority to be enforcement officers in Northern Ireland.

(3)The following are relevant authorities for this purpose—

(a)the Authority,

(b)any Minister of the Crown or government 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.

Section 17: Entry by warrantE+W+S+N.I.

16In section 17 the reference in subsection (1) to information on oath shall be read as a reference to a complaint on oath.E+W+S+N.I.

Section 23: Annual reportE+W+S+N.I.

17(1)The Secretary of State shall send to the relevant Northern Ireland department a copy of every report laid by him before Parliament under section 23.E+W+S+N.I.

(2)The relevant Northern Ireland department shall lay a copy of the report before the Northern Ireland Assembly.

Section 24: Financial provisionE+W+S+N.I.

18In relation to payments to the Authority with respect to its functions in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland, the reference in section 24(1) to the Secretary of State shall be read as a reference to the relevant Northern Ireland department.E+W+S+N.I.

Section 25: Regulations, rules and ordersE+W+S+N.I.

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.E+W+S+N.I.

(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.)).

Section 27: Exclusion of provisions relating to employment agencies and businessesE+W+S+N.I.

20In 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)).E+W+S+N.I.

Section 29: Commencement and transitional provisionE+W+S+N.I.

21Before exercising the power under section 29(1) or (3) in relation to the coming into force of any provision of this Act in relation to persons acting as gangmasters in relation to work in Northern Ireland, the Secretary of State shall consult the relevant Northern Ireland department.E+W+S+N.I.

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