Moved by
Lord Bates
77: Before Schedule 1, insert the following new Schedule—
“Schedule
Consequential and related amendments
Public Records Act 1958 (c. 51)
1 In the Public Records Act 1958, in Schedule 1 (definition of public records), in Part 2 of the Table at the end of paragraph 3 (other establishments and organisations), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Parliamentary Commissioner Act 1967 (c. 13)
2 In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments etc subject to investigation)—
(a) at the appropriate place insert “Director of Labour Market Enforcement”;
(b) for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Superannuation Act 1972 (c. 11)
3 In the Superannuation Act 1972, in Schedule 1 (kinds of employment to which that Act applies), under the heading “Other bodies”, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
House of Commons Disqualification Act 1975 (c. 24)
4 In the House of Commons Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—
(a) in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;
(b) in Part 3 (other disqualifying offices), at the appropriate place insert “Director of Labour Market Enforcement”.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
5 In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—
(a) in Part 2 (bodies of which all members are disqualified), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;
(b) in Part 3 (other disqualifying offices), at the appropriate place insert “Director of Labour Market Enforcement”.
Regulation of Investigatory Powers Act 2000 (c. 23)
6 In the Regulation of Investigatory Powers Act 2000, in Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for purposes of sections 28 and 29 of that Act) in paragraph 20E for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Freedom of Information Act 2000 (c. 36)
7 In the Freedom of Information Act 2000, in Schedule 1 (public authorities), in Part 6 (other public bodies and offices: general)—
(a) at the appropriate place insert “Director of Labour Market Enforcement”;
(b) for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Police Reform Act 2002 (c. 30)
8 The Police Reform Act 2002 is amended as follows.
9 In section 10 (general functions of the Independent Police Complaints Commission)—
(a) in subsection (1), after paragraph (g) insert—
“(ga) to carry out such corresponding functions in relation to officers of the Gangmasters and Labour Abuse Authority in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).”;
(b) in subsection (3), after paragraph (bc) insert—
“(bd) any regulations under section 26D of this Act (labour abuse prevention officers);”.
10 After section 26C insert—
“26D Labour abuse prevention officers
(1) The Secretary of State may make regulations conferring functions on the Commission in relation to the exercise of functions by officers of the Gangmasters and Labour Abuse Authority (the “Authority”) in their capacity as labour abuse prevention officers (see section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers)).
(2) Regulations under this section may, in particular—
(a) apply (with or without modifications), or make provision similar to, any provision of or made under this Part;
(b) make provision for payment by the Authority to, or in respect of, the Commission.
(3) The Commission and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
(a) the Commission has functions by virtue of this section, and
(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.
(4) An officer of the Authority may disclose information to the Commission, or to a person acting on the Commission’s behalf, for the purposes of the exercise by the Commission, or by any person acting on the Commission’s behalf, of an Authority complaints function.
(5) The Commission and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
(a) by virtue of this section, or
(b) under the Parliamentary Commissioner Act 1967.
(6) Regulations under this section may, in particular, make—
(a) further provision about the disclosure of information under subsection (4) or (5);
(b) provision about the further disclosure of information that has been so disclosed.
(7) In this section “Authority complaints function” means a function in relation to the exercise of functions by officers of the Authority.”
Gangmasters (Licensing) Act 2004 (c. 11)
11 The Gangmasters (Licensing) Act 2004 is amended as follows.
12 In the italic heading before section 1, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
13 In section 1 (Gangmasters Licensing Authority)—
(a) in the heading, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”;
(b) for subsection (1) substitute—
“(1) The body known as the Gangmasters Licensing Authority is to continue to exist and is to be known as the Gangmasters and Labour Abuse Authority (in this Act referred to as “the Authority”).”;
(c) after subsection (3) insert—
“(3A) When carrying out functions during a year to which a labour market enforcement strategy approved under section 2 of the Immigration Act 2016 relates, the Authority and its officers must carry out those functions in accordance with the strategy.”
14 In section 2 (directions etc by the Secretary of State), in subsection (2) after “the Authority” insert “and the Director of Labour Market Enforcement”.
15 In section 3 (work to which Act applies)—
(a) in subsection (5)(b), for the words from “the following nature” to the end substitute “a prescribed description as being work to which this Act applies”;
(b) after subsection (5) insert—
“(6) The Secretary of State must consult the Authority and the Director of Labour Market Enforcement before making regulations under subsection (5).”
16 In section 8 (general power of Authority to make rules)—
(a) in subsection (1), after “may” insert “with the approval of the Secretary of State”;
(b) omit subsection (3);
(c) after subsection (4) insert—
“(5) The Authority may from time to time with the approval of the Secretary of State revise the rules.
(6) The Authority must publish any rules made or revised under this section.”
17 In section 14 (offences: supplementary provisions) after subsection (2) insert—
“(2A) Subsections (1) and (2) do not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).”
18 In section 15 (enforcement and compliance officers) after subsection (6) insert—
“(6A) Subsections (5) and (6) do not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).”
19 In section 16 (powers of officers) before subsection (1) insert—
“(A1) This section does not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).”
20 In section 17 (entry by warrant) before subsection (1) insert—
“(A1) This section does not apply to an enforcement officer who is acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).”
21 In section 25 (regulations, rules and orders)—
(a) omit subsection (4);
(b) in subsection (6), omit paragraph (b) (and the “or” before it).
22 (1) Schedule 2 (application of Act to Northern Ireland) is amended as follows.
(2) In the italic heading before paragraph 3, for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
(3) In paragraph 6—
(a) after “work in Northern Ireland,” insert “—
(a) ”;
(b) at the end insert “, and
(b) the requirement under subsection (2) of that section to consult the Director of Labour Market Enforcement is to be ignored.”
(4) In paragraph 7, for paragraph (b) substitute—
“(b) paragraph (b) is to be read as if for “work of a prescribed description as being work to which this Act applies” there were substituted “work of the following nature as being work to which this Act applies—
(i) the gathering (by any manner) of wild creatures, or wild plants, of a prescribed description and the processing and packaging of anything so gathered, and
(ii) the harvesting of fish from a fish farm (within the meaning of the Fisheries Act (NI) 1966 (c. 17 (NI)).”
(5) For paragraph 10 substitute—
“10 (1) Rules under section 8 (general power of Authority to make rules) which make provision for Northern Ireland licences (“Northern Ireland rules”) are to be made by statutory instrument.
(2) Section 8 as it applies in relation to Northern Ireland licences is to be read as if—
(a) in subsection (1) the words “with the approval of the Secretary of State” were omitted, and
(b) subsections (5) and (6) were omitted.
(3) The Authority must consult the relevant Northern Ireland department before making any Northern Ireland rules about fees.
(4) A statutory instrument containing Northern Ireland rules is subject to annulment in pursuance of a resolution of either House of Parliament.”
Natural Environment and Rural Communities Act 2006 (c. 16)
23 In the Natural Environment and Rural Communities Act 2006, in Schedule 7 (designated bodies), in paragraph 13, for “Gangmasters’ Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Regulatory Enforcement and Sanctions Act 2008 (c. 13)
24 In the Regulatory Enforcement and Sanctions Act 2008, in Schedule 5 (designated regulators), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Modern Slavery Act 2015 (c. 30)
25 The Modern Slavery Act 2015 is amended as follows.
26 In section 52 (duty to notify Secretary of State about suspected victims of slavery or human trafficking), in subsection (5)(k), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
27 In Schedule 3 (public authorities under duty to co-operate with the Independent Anti-slavery Commissioner), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.
Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (N.I.)
28 In the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, in Schedule 3 (slavery and trafficking prevention orders), in Part 3 (supplementary) in paragraph 18(7)(e), for “Gangmasters Licensing Authority” substitute “Gangmasters and Labour Abuse Authority”.”