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Employment Relations Act 2004

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This is the original version (as it was originally enacted).

47Enforcement officers for agricultural wages legislation

This section has no associated Explanatory Notes

(1)Before section 12 of the Agricultural Wages Act 1948 (in this section referred to as “the 1948 Act”) insert—

“11AAppointment of officers

(1)The Secretary of State—

(a)may appoint officers to act in England for the purposes of this Act; and

(b)may, instead of or in addition to appointing any officers under this section, arrange with any Minister of the Crown or government department, or any body performing functions on behalf of the Crown, that officers of that Minister, department or body shall act in England for those purposes.

(2)The National Assembly for Wales—

(a)may appoint officers to act in Wales for the purposes of this Act; and

(b)may, instead of or in addition to appointing any officers under this section, arrange with any Minister of the Crown or government department, or any body performing functions on behalf of the Crown, that officers of that Minister, department or body shall act in Wales for those purposes.

(3)When acting for the purposes of this Act, an officer shall, if so required, produce some duly authenticated document showing his authority so to act.

(4)If it appears to an officer that any person with whom he is dealing while acting for the purposes of this Act does not know that he is an officer so acting, the officer shall identify himself as such to that person.”

(2)In section 12 of the 1948 Act (officers)—

(a)for the sidenote substitute “Powers of officers”;

(b)omit subsections (1) and (2); and

(c)in each of subsections (3), (4), (5) and (5A), for “so appointed” substitute “acting for the purposes of this Act”.

(3)An appointment made under section 12(1) of the 1948 Act which is in force immediately before the date on which this section comes into force shall, without prejudice to the generality of section 17(2)(b) of the Interpretation Act 1978 (c. 30), have effect on and after that date as if made under section 11A of the 1948 Act (which is inserted by subsection (1) above).

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