Search Legislation

Immigration Act 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 2

 Help about opening options

Alternative versions:

Changes to legislation:

Immigration Act 2016, SCHEDULE 2 is up to date with all changes known to be in force on or before 19 January 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 2:

  • specified provision(s) amendment to earlier commencing S.I. 2017/1241, Sch. by S.I. 2018/31 reg. 2

Section 11

SCHEDULE 2U.K.Functions in relation to labour market

This schedule has no associated Explanatory Notes

Employment Agencies Act 1973 (c. 35)U.K.

1U.K.The Employment Agencies Act 1973 is amended as follows.

Commencement Information

I1Sch. 2 para. 1 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

2U.K.Before section 9 insert—

8AAppointment of officers

(1)The Secretary of State may—

(a)appoint officers to act for the purposes of this Act, and

(b)instead of or in addition to appointing any officers under this section, arrange with any relevant authority for officers of that authority to act for those purposes.

(2)The following are relevant authorities—

(a)any Minister of the Crown or government department;

(b)any body performing functions on behalf of the Crown;

(c)the Gangmasters and Labour Abuse Authority.

Commencement Information

I2Sch. 2 para. 2 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

3(1)Section 9 (inspection) is amended as follows.U.K.

(2)Before subsection (1) insert—

(A1)This section does not apply to an officer 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)In subsection (1), for “duly authorised in that behalf by the Secretary of State” substitute “ acting for the purposes of this Act ”.

(4)In subsection (4)(a), in each of sub-paragraphs (ii) and (iii), for “or servant appointed by, or person exercising functions on behalf of, the Secretary of State” substitute “ acting for the purposes of this Act, ”.

Commencement Information

I3Sch. 2 para. 3 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

National Minimum Wage Act 1998 (c. 39)U.K.

4U.K.The National Minimum Wage Act 1998 is amended as follows.

Commencement Information

I4Sch. 2 para. 4 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

5U.K.In section 13 (appointment of officers for enforcement)—

(a)in subsection (1)(b), for the words from “Minister of the Crown” to “body shall” substitute “ relevant authority for officers of that authority to ”;

(b)after subsection (1) insert—

(1A)The following are relevant authorities—

(a)any Minister of the Crown or government department;

(b)any body performing functions on behalf of the Crown;

(c)the Gangmasters and Labour Abuse Authority.

Commencement Information

I5Sch. 2 para. 5 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

6U.K.In section 14 (powers of officers) before subsection (1) insert—

(A1)This section does not apply to an officer 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).

Commencement Information

I6Sch. 2 para. 6 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

7U.K.In section 15 (information obtained by officers)—

(a)in subsection (3)(b), after “any” insert “ eligible ”;

(b)in subsection (4)(a), after “to any” insert “ eligible ”;

(c)in subsection (8), for the words from “ “relevant” to “body which,” substitute “ “eligible relevant authority” means any relevant authority within the meaning given by section 13(1A) which”.

Commencement Information

I7Sch. 2 para. 7 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

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

8U.K.The Modern Slavery Act 2015 is amended as follows.

Commencement Information

I8Sch. 2 para. 8 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

9U.K.Before section 12 (but after the italic heading before it) insert—

11AEnforcement by Gangmasters and Labour Abuse Authority

(1)The Secretary of State may make arrangements with the Gangmasters and Labour Abuse Authority for officers of the Authority to act for the purposes of this Part in taking action in circumstances in which it appears that an offence under this Part which is a labour market offence (within the meaning of section 3 of the Immigration Act 2016) has been, is being or may be committed.

(2)For provision about the powers of such an officer who is acting for the purposes of this Part, see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

Commencement Information

I9Sch. 2 para. 9 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

10(1)Section 15 (slavery and trafficking prevention orders on application) is amended as follows.U.K.

(2)In subsection (1)—

(a)omit the “or” after paragraph (b);

(b)after paragraph (c) insert , or

(d)the Gangmasters and Labour Abuse Authority.

(3)In subsection (7)—

(a)for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.

(4)In subsection (8)(b)—

(a)for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.

Commencement Information

I10Sch. 2 para. 10 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

11U.K.In section 19(7) (requirement to provide name and address)—

(a)for “or an immigration officer” substitute “ , an immigration officer or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the officer” substitute “ , the officer or the Authority ”.

Commencement Information

I11Sch. 2 para. 11 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

12(1)Section 20 (variation, renewal and discharge) is amended as follows.U.K.

(2)In subsection (2), after paragraph (f) insert—

(g)where the order was made on an application under section 15 by the Gangmasters and Labour Abuse Authority, the Authority.

(3)In subsection (9)—

(a)for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the Director General”, in the second and third places it occurs, substitute “ , the Director General or the Authority ”.

Commencement Information

I12Sch. 2 para. 12 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

13(1)Section 23 (slavery and trafficking risk orders) is amended as follows.U.K.

(2)In subsection (1)—

(a)omit the “or” after paragraph (b);

(b)after paragraph (c) insert , or

(d)the Gangmasters and Labour Abuse Authority.

(3)In subsection (6)—

(a)for “or the Director General”, in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the Director General”, in the second place it occurs, substitute “ , the Director General or the Authority ”.

(4)In subsection (7)(b)—

(a)for “or the Director General” substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b)for “or Director General” substitute “ , the Director General or the Authority ”.

Commencement Information

I13Sch. 2 para. 13 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

14U.K.In section 26(7) (requirement to provide name and address)—

(a)for “or an immigration officer” substitute “ , an immigration officer or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the officer” substitute “ , the officer or the Authority ”.

Commencement Information

I14Sch. 2 para. 14 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

15(1)Section 27 (variation, renewal and discharge) is amended as follows.U.K.

(2)In subsection (2), after paragraph (f) insert—

(g)where the order was made on an application by the Gangmasters and Labour Abuse Authority, the Authority.

(3)In subsection (7)—

(a)for “or the Director General” in the first place it occurs, substitute “ , the Director General or the Gangmasters and Labour Abuse Authority ”;

(b)for “or the Director General” in the second and third places it occurs, substitute “ , the Director General or the Authority ”.

Commencement Information

I15Sch. 2 para. 15 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

16U.K.After section 30 (offences) insert—

30AEnforcement by Gangmasters and Labour Abuse Authority

(1)The Secretary of State may make arrangements with the Gangmasters and Labour Abuse Authority for officers of the Authority to act for the purposes of this Part in taking action in circumstances in which it appears that an offence under this Part which is a labour market offence (within the meaning of section 3 of the Immigration Act 2016) has been, is being or may be committed.

(2)For provision about the powers of such an officer who is acting for the purposes of this Part, see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

Commencement Information

I16Sch. 2 para. 16 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

17U.K.In section 33 (guidance), in subsection (1) for “and the Director General of the National Crime Agency” substitute “ , the Director General of the National Crime Agency and the Gangmasters and Labour Abuse Authority ”.

Commencement Information

I17Sch. 2 para. 17 in force at 12.7.2016 by S.I. 2016/603, reg. 3(t)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources