(This note is not part of the Regulations)
These Regulations provide for an appeals procedure against decisions of the Gangmasters Licensing Authority, under the Gangmasters (Licensing) Act 2004 (c. 11), to refuse to grant a licence, to impose conditions to which a licence is subject, to modify or revoke a licence, or to refuse to transfer a licence.
Regulations 3 and 4 provide for the appointment and remuneration of an appointed person to consider appeals and for a Secretariat to administer the appeals procedure.
Regulation 5 lists the decisions which may be appealed against.
The procedure to be followed when making or replying to an appeal is set out in regulations 6 to 13. Regulation 9 (3) provides that if the Authority fails to send a reply to the appeal within a specified timeframe it may not take any further part in the appeal proceedings unless the appointed person so directs. Regulation 13 enables the appointed person to grant an extension of time.
Regulation 14 allows the appointed person to make such directions as are considered necessary or desirable.
Regulation 15 provides for the determination of an appeal without an oral hearing if both parties agree and the appointed person considers it appropriate.
Regulations 16 to 19 provide for the procedure up to and at the hearing.
Regulation 20 provides an expedited procedure for appeals against decisions which have taken immediate effect.
Regulations 21 and 22 provide for the determination of the appeal.
Regulation 23 provides that a register of decisions and reasons be kept by the Secretariat.
egulations 24 provides that the appointed person may give directions as appropriate to deal with irregularities.
Regulation 25 provides for delivery of documentation required under the Regulations.
A Regulatory Impact Assessment of the effect that this instrument will have on the costs of business has been prepared and has been placed in the library of each House of Parliament. Copies may be obtained from the Agricultural Resources Team at the Department for Environment, Food and Rural Affairs, Ergon House, Horseferry Road, London SW1P 2AL.