Gangmasters (Licensing) Act 2004

14 Offences: supplementary provisions U.K.

(1) An enforcement officer (see section 15) has the powers of arrest mentioned in subsection (2) (in addition to powers under [F1 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),

(b) conspiring to commit any such offence,

(c) attempting to commit any such offence,

(d) inciting, aiding, abetting, counselling or procuring the commission of any such offence.

(2) Those powers are as follows—

(a) if he has reasonable grounds for suspecting that such an offence has been committed, he may arrest without warrant anyone whom he has reasonable grounds for suspecting to be guilty of the offence;

(b) he may arrest without warrant—

(i) anyone who is about to commit such an offence;

(ii) anyone whom he has reasonable grounds for suspecting to be about to commit such an offence.

[F2 (2A) Subsections (1) and (2) do not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).]

(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), 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).”.

Textual Amendments

F1 Words in s. 14(1) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 7 para. 62(a); S.I. 2005/3495, art. 2(1)(m)

F2 S. 14(2A) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 19; S.I. 2016/603, reg. 3(u)

Modifications etc. (not altering text)

C1 S. 14 modified (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 50 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Commencement Information

I1 S. 14 in force at 1.10.2006 by S.I. 2006/2406, art. 2(e)