Moved by
Lord Bates
42: After Clause 7, insert the following new Clause—
“Relationship with other agencies: requests for assistance
(1) The Gangmasters (Licensing) Act 2004 is amended as follows.
(2) Before section 23 (but after the italic heading before it) insert—
“22A Relationship with other agencies: requests for assistance
(1) The Authority may request any relevant person to provide assistance to the Authority or any of its officers.
(2) The Authority may make a request under subsection (1) only if it considers that the assistance would facilitate the exercise of any function by the Authority or any of its officers.
(3) Any relevant person may request the Authority to provide assistance to the relevant person.
(4) A relevant person may make a request under subsection (3) only if the person considers that the assistance would facilitate the exercise by the person of any function.
(5) A request under this section must—
(a) set out what assistance is being requested, and
(b) explain how the assistance would facilitate the exercise of the function.
(6) A person who receives a request under this section must respond to it in writing within a reasonable period.
(7) Each of the following is a “relevant person”—
(a) a chief officer of police for a police area in England and Wales;
(b) the National Crime Agency;
(c) a National Crime Agency officer;
(d) a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
(e) any other person prescribed or of a prescribed description.
(8) Before making regulations under this section the Secretary of State must obtain the consent of—
(a) the Scottish Ministers, if the regulations prescribe a person who exercises, or a description of persons who exercise, any function in a case where provision conferring the function would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament;
(b) the Welsh Ministers, if the regulations prescribe a person who exercises, or a description of persons who exercise, any function in a case where provision conferring the function would be within the legislative competence of the National Assembly for Wales if contained in an Act of that Assembly;
(c) the consent of the Office of the First Minister and deputy First Minister, if the regulations prescribe a person who exercises, or a description of persons who exercise, any function in a case where provision conferring the function would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly made without the consent of the Secretary of State.”
(3) In section 25 (regulations, rules and orders), in subsection (5)—
(a) omit the “or” at the end of paragraph (a);
(b) at the end insert “, or
(c) section 22A(8)(e) (regulations adding to the definition of “relevant persons”).””