PART 1Labour market and illegal working

CHAPTER 1Labour market

Labour market enforcement orders

I118Power to make LME order on application

1

The appropriate court may, on an application by an enforcing authority under section 19, make a labour market enforcement order against a person if the court—

a

is satisfied, on the balance of probabilities, that the person has committed, or is committing, a trigger offence, and

b

considers that it is just and reasonable to make the order.

2

A labour market enforcement order (an “LME order”) is an order which—

a

prohibits or restricts the person against whom it is made (“the respondent”) from doing anything set out in the order;

b

requires the respondent to do anything set out in the order.

See section 21.

3

In this section “the appropriate court”—

a

where the conduct constituting the trigger offence took or is taking place primarily in England and Wales, means a magistrates' court;

b

where that conduct took or is taking place primarily in Scotland, means the sheriff;

c

where that conduct took or is taking place primarily in Northern Ireland, means a court of summary jurisdiction.

4

An application for an LME order under this section is—

a

in England and Wales, to be made by complaint;

b

in Northern Ireland, to be made by complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).