Moved by
Lord Bates
51: After Clause 7, insert the following new clause—
“Further provision about LME orders
(1) An LME order has effect for the period specified in it but the maximum period for which an order may have effect is 2 years.
(2) An LME order may not be made against an individual who is under 18.
(3) If a court makes an LME order, the court may also—
(a) release the respondent from any LME undertaking given in relation to the trigger offence concerned;
(b) discharge any other LME order which is in force against the respondent.”
52: After Clause 7, insert the following new Clause—
“Variation and discharge
(1) The appropriate court may by order vary or discharge an LME order—
(a) on the application of the respondent;
(b) if the order was made under section (Power to make LME order on application), on the application of the enforcing authority who applied for the order;
(c) if the order was made under section (Power to make LME order on conviction), on the application of the enforcing authority whose officer conducted the investigation which resulted in the prosecution of the respondent for the trigger offence.
(2) In this section “the appropriate court”—
(a) in relation to an LME order made on an application under section (Power to make LME order on application), means the court that made the order;
(b) in relation to an order made in England and Wales under section (Power to make LME order on conviction), means a magistrates’ court;
(c) in relation to such an order made in Scotland, means the sheriff;
(d) in relation to such an order made in Northern Ireland, means a court of summary jurisdiction.
(3) An application for an order under this section is—
(a) if made to a magistrates’ court in England and Wales, to be made by complaint;
(b) if made to a court of summary jurisdiction 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)).”
53: After Clause 7, insert the following new Clause—
“Appeals
(1) A respondent may appeal against—
(a) the making of an LME order on an application under section (Power to make LME order on application);
(b) the making of, or refusal to make, an order under section (Variation and discharge).
(2) An appeal under subsection (1) is to be made—
(a) where the order was made or refused by a magistrates’ court in England and Wales, to the Crown Court;
(b) where the order was made or refused by the sheriff, to the Sheriff Appeal Court;
(c) where the order was made or refused by a court of summary jurisdiction in Northern Ireland, to a county court.
(3) On an appeal under subsection (1) the court hearing the appeal may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just and reasonable.
(4) An LME order that has been varied by virtue of subsection (3) remains an order of the court that first made it for the purposes of section (Variation and discharge).
(5) A respondent may appeal against the making of an LME order under section (Power to make LME order on conviction) as if the order were a sentence passed on the respondent for the trigger offence.”
54: After Clause 7, insert the following new Clause—
“LME undertakings and orders: supplementary
Code of practice
(1) The Secretary of State must issue a code of practice giving guidance to enforcing authorities about the exercise of their functions under sections (Power to request LME undertaking) to (Variation and discharge).
(2) The Secretary of State may revise the code from time to time.
(3) The Secretary of State must lay before Parliament, and publish, the code and any revised code.
(4) An enforcing authority must have regard to the current version of the code in exercising its functions under sections (Power to request LME undertaking) to (Variation and discharge).”
55: After Clause 7, insert the following new Clause—
“Investigative functions
(1) An officer acting for the purposes of the Employment Agencies Act 1973—
(a) may also act for the purposes of taking action where it appears that a person has failed to comply with an LME undertaking or an LME order where the trigger offence to which the undertaking or order relates is an offence under that Act, and
(b) in doing so, has the same powers and duties as he or she has when acting for the purposes of that Act.
(2) An officer acting for the purposes of the National Minimum Wage Act 1998—
(a) may also act for the purposes of taking action where it appears that a person has failed to comply with an LME undertaking or an LME order where the trigger offence to which the undertaking or order relates is an offence under that Act, and
(b) in doing so, has the same powers and duties as he or she has when acting for the purposes of that Act.
(3) An officer acting as an enforcement officer for the purposes of the Gangmasters (Licensing) Act 2004—
(a) may also act for the purposes of taking action where it appears that a person has failed to comply with an LME undertaking or an LME order where the trigger offence to which the undertaking or order relates is an offence under that Act, and
(b) in doing so, has the same powers and duties as he or she has when acting as an enforcement officer for the purposes of that Act.
(4) In this section references to the Gangmasters (Licensing) Act 2004 are references to that Act only so far as it applies in relation to England and Wales and Scotland.”
56: After Clause 7, insert the following new Clause—
“Offence
(1) A person against whom an LME order is made commits an offence if the person, without reasonable excuse, fails to comply with the order.
(2) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both;
(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months, to a fine or to both;
(c) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
(d) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both.
(3) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (2)(b) to 12 months is to be read as a reference to 6 months.”