The Gangmasters Licensing (Exclusions) Regulations 2010

PART 2

Agricultural workers

4.—(1) The supply of a worker for agricultural work by a farmer (A) to another farmer (B) where—

(a) the supply is to do work on a farm which is the subject of a share farming agreement between A and B; or

(b) the total hours the worker works for B are not more than thirty per cent of the total hours the worker worked for A in the twelve months immediately preceding the commencement of the period of work undertaken for B; or

(c) the worker has been supplied to A by a person (C) who acts as a gangmaster in making that supply, and the supply by A—

(i) is made with C’s agreement to the nature of the work to be undertaken for B; and

(ii) is a one-off arrangement of less than two weeks.

(2) In this paragraph—

“share farming agreement” means an agreement entered into between two or more persons to share the net receipts of—

(a)

their separate business assets; or

(b)

services for carrying out specified farming operations,

as divided between them and paid to the businesses in agreed proportions.

5.  The use of a worker for agricultural work by a farmer (A) to provide a service to another farmer (B) where the service provided involves a one-off arrangement of less than four weeks and—

(a) the total hours the worker works delivering services to B are not more than thirty per cent of the total hours the worker worked for A in the twelve months immediately preceding the commencement of the delivery of services to B; or

(b) the worker has been supplied to A by a person (C) who acts as a gangmaster in making that supply, and the use of the worker to deliver services by A is made with C’s agreement to the nature of the services to be provided to B.

6.  The supply of a worker by a farmer to a person (A) to operate machinery supplied by A for the purpose of undertaking agricultural work for that farmer.

7.—(1) The supply of a worker by a sole operator in the Seasonal Agricultural Workers Scheme to another Seasonal Agricultural Workers Scheme operator.

(2) In this paragraph “Seasonal Agricultural Workers Scheme” means a scheme operated by Work Permits UK, part of the Home Office, which allows farmers and growers in the United Kingdom to recruit overseas workers to undertake work that is both seasonal and agricultural.

8.  The use of a worker for agricultural work by a person (A) to provide a service to a farmer where—

(a) the service involves the use of machinery owned or hired by A; and

(b) the worker is employed by A to operate or to support the operation of that machinery.

9.  The use of a worker for agricultural work by a person (A) to provide a service to a farmer where—

(a) A enters into an arrangement with another person (B) to deliver the service;

(b) the service involves the use of machinery owned or hired by B; and

(c) the worker is employed by B to operate or to support the operation of that machinery.

10.  The use of a worker by a person (A) to provide a food and drink processing and packaging service where A—

(a) is the worker’s employer;

(b) owns, hires or leases any equipment, tools or machinery used by the worker which are necessary to carry out the service; and

(c) owns or leases the premises where the work is carried out.

11.  The use of a worker to harvest crops by a person who has transferred title to the land on which the crops are grown, but has retained title to the crops.

12.  The supply of a worker licensed under the Welfare of Animals (Slaughter or Killing) Regulations 1995(1) to slaughter animals.

13.  The supply of a worker by an educational establishment to undertake agricultural work solely in furtherance of education or training provided to the worker by that establishment leading to an agricultural qualification which—

(a) in relation to England, is a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009(2) applies;

(b) in relation to Wales, is a relevant qualification within section 30 of the Education Act 1997(3);

(c) in relation to Scotland, is an SQA qualification within the meaning of section 21 of the Education (Scotland) Act 1996(4) or an accredited qualification under section 3 of that Act.

14.  The supply by a person (A) to a farmer of a worker to undertake agricultural work in which that worker is specialised where—

(a) the worker holds a specific qualification at or above National Vocational Qualification Level 2 or Scottish National Vocational Qualification Level 2, or an equivalent qualification, which is relevant and necessary to ensure the worker can effectively discharge the responsibilities that the worker will be required to undertake; and

(b) the farmer employs the worker following the worker’s supply by A; and

(c) no more than four such workers are supplied to the farmer by A at any one time.

15.—(1) The use of a worker for agricultural work by a person (A) to provide a service to a farmer where the worker is a member of A’s family.

(2) In this paragraph the members of A’s family are—

(a) A’s spouse or civil partner;

(b) any other person (whether of a different sex or the same sex) with whom A lives as partner in an enduring family relationship;

(c) any child, step-child, parent, grandchild, grandparent, brother or sister of A;

(d) any child or step-child of a person within paragraph (b) (and who is not a child or step-child of A) who lives with A and has not attained the age of 18.

16.  In this Part “farmer” means a person—

(a) who occupies land used for agricultural work; or

(b) who owns or operates a business that pursues agricultural work in whole or in part; or

(c) who is an employed person with management responsibility for all or part of a business that pursues agricultural work.

(1)

S.I. 1995/731.

(2)

2009 c.22.

(3)

1997 c.44. Section 30 was substituted by S.I. 2005/3239, article 9(1) and Schedule 1 paragraphs 6 and 14 and amended by the Education and Skills Act 2008 (c. 25), section 162.

(4)

1996, c.43.