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Immigration Act 2016

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This is the original version (as it was originally enacted).

Section 31

SCHEDULE 3Consequential and related amendments

This schedule has no associated Explanatory Notes

Public Records Act 1958 (c. 51)

1In the Public Records Act 1958, in Schedule 1 (definition of public records), in Part 2 of the Table at the end of paragraph 3 (other establishments and organisations), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.

Parliamentary Commissioner Act 1967 (c. 13)

2In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments etc subject to investigation)—

(a)at the appropriate place insert “Director of Labour Market Enforcement”;

(b)for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.

Superannuation Act 1972 (c. 11)

3In the Superannuation Act 1972, in Schedule 1 (kinds of employment to which that Act applies)—

(a)under the heading “Other bodies”, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;

(b)under the heading “Offices”, at the appropriate place insert “Director of Labour Market Enforcement”.

Employment Agencies Act 1973 (c. 35)

4(1)Section 9 of the Employment Agencies Act 1973 (inspection) is amended as follows.

(2)In subsection (4)—

(a)in paragraph (a), for the words before sub-paragraph (i) substitute “No information to which this subsection applies shall be disclosed except—”;

(b)at the end of paragraph (a) insert ; or

(vii)to an officer acting by virtue of section 26 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); or

(viii)to an officer acting for the purposes of Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 for any purpose relating to that Part; or

(ix)to the Pensions Regulator for the purposes of the exercise of any function of the Regulator; or

(x)to the Care Quality Commission for the purposes of the exercise of any function of the Commission.

(3)After subsection (4) insert—

(5)Subsection (4) applies to—

(a)information obtained in the course of exercising the powers conferred by this section,

(b)information obtained pursuant to section 15(5A) of the National Minimum Wage Act 1998, and

(c)information obtained in the course of exercising powers by virtue of section 26(1) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).

House of Commons Disqualification Act 1975 (c. 24)

5In the House of Commons Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—

(a)in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;

(b)in Part 3 (other disqualifying offices), at the appropriate place insert “Director of Labour Market Enforcement”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

6In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—

(a)in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;

(b)in Part 3 (other disqualifying offices), at the appropriate place insert “Director of Labour Market Enforcement”.

National Minimum Wage Act 1998 (c. 39)

7(1)Section 15 of the National Minimum Wage Act 1998 (information obtained by officers) is amended as follows.

(2)In subsection (1)—

(a)after “to” insert

(a)”;

(b)at the end insert , and

(b)any information obtained by an officer acting by virtue of section 26(2) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).

(3)After subsection (5B) insert—

(5C)Information to which this section applies—

(a)may be supplied by, or with the authorisation of, the Secretary of State to an officer acting by virtue of section 26 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); and

(b)may be used by an officer so acting for any purpose for which the officer is so acting.

Regulation of Investigatory Powers Act 2000 (c. 23)

8In the Regulation of Investigatory Powers Act 2000, in Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for purposes of sections 28 and 29 of that Act) in paragraph 20E for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.

Freedom of Information Act 2000 (c. 36)

9In the Freedom of Information Act 2000, in Schedule 1 (public authorities), in Part 6 (other public bodies and offices: general)—

(a)at the appropriate place insert “Director of Labour Market Enforcement”;

(b)for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.

Police Reform Act 2002 (c. 30)

10The Police Reform Act 2002 is amended as follows.

11In section 10 (general functions of the Independent Police Complaints Commission)—

(a)in subsection (1), after paragraph (g) insert—

(ga)to carry out such corresponding functions in relation to officers of the Gangmasters and Labour Abuse Authority in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).;

(b)in subsection (3), after paragraph (bc) insert—

(bd)any regulations under section 26D of this Act (labour abuse prevention officers);.

12After section 26C insert—

26DLabour abuse prevention officers

(1)The Secretary of State may make regulations conferring functions on the Commission in relation to the exercise of functions by officers of the Gangmasters and Labour Abuse Authority (the “Authority”) in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).

(2)Regulations under this section may, in particular—

(a)apply (with or without modifications), or make provision similar to, any provision of or made under this Part;

(b)make provision for payment by the Authority to, or in respect of, the Commission.

(3)The Commission and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a)the Commission has functions by virtue of this section, and

(b)the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(4)An officer of the Authority may disclose information to the Commission, or to a person acting on the Commission’s behalf, for the purposes of the exercise by the Commission, or by any person acting on the Commission’s behalf, of an Authority complaints function.

(5)The Commission and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a)by virtue of this section, or

(b)under the Parliamentary Commissioner Act 1967.

(6)Regulations under this section may, in particular, make—

(a)further provision about the disclosure of information under subsection (4) or (5);

(b)provision about the further disclosure of information that has been so disclosed.

(7)In this section “Authority complaints function” means a function in relation to the exercise of functions by officers of the Authority.

Gangmasters (Licensing) Act 2004 (c. 11)

13The Gangmasters (Licensing) Act 2004 is amended as follows.

14In the italic heading before section 1, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.

15In section 1 (Gangmasters Licensing Authority)—

(a)in the heading, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;

(b)for subsection (1) substitute—

(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”).;

(c)after subsection (3) insert—

(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.

16In section 2 (directions etc by the Secretary of State), in subsection (2) after “the Authority” insert “and the Director of Labour Market Enforcement”.

17In section 3 (work to which Act applies)—

(a)in subsection (5)(b), for the words from “the following nature” to the end substitute “a prescribed description as being work to which this Act applies”;

(b)after subsection (5) insert—

(6)The Secretary of State must consult the Authority and the Director of Labour Market Enforcement before making regulations under subsection (5).

18In section 8 (general power of Authority to make rules)—

(a)in subsection (1), after “may” insert “with the approval of the Secretary of State”;

(b)omit subsection (3).

19In section 14 (offences: supplementary provisions) after subsection (2) insert—

(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).

20In section 15 (enforcement and compliance officers) after subsection (6) insert—

(6A)Subsections (5) and (6) 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).

21In section 16 (powers of officers) before subsection (1) insert—

(A1)This section does 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).

22In section 17 (entry by warrant) before subsection (1) insert—

(A1)This section does 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).

23(1)Section 19 (information relating to gangmasters) is amended as follows.

(2)In subsection (1)—

(a)for the words before paragraph (a) substitute “Information to which this subsection applies—”;

(b)for paragraph (a) substitute—

(a)may be supplied to any person for use for the purposes of, or for any purpose connected with, the exercise of functions under this Act,

(aa)may be supplied to any person by whom, or by whose officers, labour market enforcement functions are exercisable for the purposes of, or for any purpose connected with, the exercise of such functions, and.

(3)After subsection (1) insert—

(1A)Subsection (1) applies to—

(a)information held by any person for the purposes of, or for any purpose connected with, the exercise of functions under this Act, and

(b)information held by any officer acting by virtue of section 26(3) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).

(1B)In subsection (1) “labour market enforcement functions” has the same meaning as in Chapter 1 of Part 1 of the Immigration Act 2016 (see section 3 of that Act).

(4)In subsection (2)—

(a)omit “relating to the operations of a person acting as a gangmaster”;

(b)for “(1)(b)” substitute “(1)(aa) or (b)”.

24(1)Schedule 2 (application of Act to Northern Ireland) is amended as follows.

(2)In the italic heading before paragraph 3, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.

(3)In paragraph 6—

(a)after “work in Northern Ireland,” insert

(a)”;

(b)at the end insert , and

(b)the requirement under subsection (2) of that section to consult the Director of Labour Market Enforcement is to be ignored.

(4)In paragraph 7, for paragraph (b) substitute—

(b)paragraph (b) is to be read as if for “work of a prescribed description as being work to which this Act applies” there were substituted “work of the following nature as being work to which this Act applies—

(i)the gathering (by any manner) of wild creatures, or wild plants, of a prescribed description and the processing and packaging of anything so gathered, and

(ii)the harvesting of fish from a fish farm (within the meaning of the Fisheries Act (NI) 1966 (c 17 (NI)).

(5)In paragraph 10, for sub-paragraph (2) substitute—

(2)Section 8(1) as it applies in relation to Northern Ireland licences is to be read as if the words “with the approval of the Secretary of State” were omitted.

(3)The Authority must consult the relevant Northern Ireland department before making any Northern Ireland rules about fees.

(6)After paragraph 16 insert—

Section 19: Information relating to gangmasters

16A(1)Section 19 as it applies in relation to Northern Ireland functions is to be read as if—

(a)paragraph (aa) of subsection (1) (and the reference to it in subsection (2)) were omitted,

(b)subsections (1A)(b) and (1B) were omitted, and

(c)in subsection (2), after “Information” there were inserted the words “relating to the operations of a person acting as a gangmaster”.

(2)In this paragraph “Northern Ireland functions” means functions under this Act in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland.

Section 22A: Relationship with other agencies: requests for assistance

16BSection 22A does not apply in 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.

Pensions Act 2004 (c. 35)

25In the Pensions Act 2004, in Schedule 3 (certain permitted disclosures of restricted information held by the Pensions Regulator), at the end of the table insert—

Director of Labour Market Enforcement or a member of staff provided to the Director under section 1(4) of the Immigration Act 2016.Any of the Director’s functions.

Natural Environment and Rural Communities Act 2006 (c. 16)

26In the Natural Environment and Rural Communities Act 2006, in Schedule 7 (designated bodies), in paragraph 13, for “Gangmasters’ Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

27In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 5 (designated regulators), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.

Modern Slavery Act 2015 (c. 30)

28The Modern Slavery Act 2015 is amended as follows.

29In section 52 (duty to notify Secretary of State about suspected victims of slavery or human trafficking), in subsection (5)(k), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.

30At the beginning of Part 7, after the italic heading “Miscellaneous” insert—

54AGangmasters and Labour Abuse Authority: information gateways

(1)A specified person may disclose information to the Gangmasters and Labour Abuse Authority (the “Authority”) or a relevant officer if the disclosure is made for the purposes of the exercise of any function of the Authority or the officer under this Act.

(2)Information obtained by the Authority or a relevant officer in connection with the exercise of any function of the Authority or the officer under this Act may be used by the Authority or the officer in connection with the exercise of any other such function of the Authority or the officer.

(3)The Authority or a relevant officer may disclose to a specified person information obtained in connection with the exercise of any function of the Authority or the officer under this Act if the disclosure is made for the purposes of the exercise of any function of the specified person.

(4)A disclosure of information which is authorised by this section does not breach—

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(5)But nothing in this section authorises the making of a disclosure which—

(a)contravenes the Data Protection Act 1998, or

(b)is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

(6)This section does not limit the circumstances in which information may be disclosed apart from this section.

(7)“Specified person” means a person specified in Schedule 4A (information gateways: specified persons).

(8)The Secretary of State may by regulations amend Schedule 4A.

(9)In this section, “relevant officer” means an officer of the Authority who is acting for the purposes of Part 1 or 2 of this Act (see sections 11A and 30A).

31Omit section 55 (review of Gangmasters Licensing Authority).

32In section 58 (regulations), in subsection (4), after paragraph (j) insert—

(ja)regulations under section 54A(8) (power to amend Schedule 4A);.

33In section 60 (extent)—

(a)in subsection (1), after “section 53)” insert “and section 54A, and Schedule 4A, in Part 7”;

(b)in subsection (3), after “and 7” insert “(except for section 54A and Schedule 4A)”.

34In Schedule 3 (public authorities under duty to co-operate with the Independent Anti-slavery Commissioner), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.

35After Schedule 4 insert—

Section 54A

SCHEDULE 4AInformation gateways: specified persons

Authorities with functions in connection with the labour market etc
  • The Secretary of State.

  • A person by whom, or by whose officers, labour market enforcement functions (within the meaning given by section 3 of the Immigration Act 2016) are exercisable.

Law enforcement and border security
  • A chief officer of police for a police area in England and Wales.

  • The chief constable of the British Transport Police Force.

  • An immigration officer.

Local government
  • A county council in England or Wales.

  • A county borough council in Wales.

  • A district council in England.

  • A London borough council.

  • The Greater London Authority.

  • The Common Council of the City of London.

  • The Council of the Isles of Scilly.

Health bodies
  • A National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.

  • An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

  • A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

Other
  • The Independent Anti-slavery Commissioner.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (N.I.)

36In the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, in Schedule 3 (slavery and trafficking prevention orders), in Part 3 (supplementary) in paragraph 18(7)(e), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.

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