Gangmasters (Licensing) Act 2004

SCHEDULE 2 Application of Act to Northern Ireland

Section 28 Introduction 1 (1) The following provisions have effect in relation to the application of this Act to Northern Ireland. (2) For the purposes of this Schedule the relevant Northern Ireland department is the Department of Agriculture and Rural Development in Northern Ireland. General 2 (1) References in this Schedule to “work in Northern Ireland” are to work— (a) in Northern Ireland, (b) on any portion of the shore or bed of the sea, or of an estuary or tidal river, adjacent to Northern Ireland, whether above or below (or partly above and partly below) the low water mark, or (c) in Northern Ireland coastal waters. (2) In sub-paragraph (1)(c) “Northern Ireland coastal waters” means waters adjacent to Northern Ireland to a distance of six miles measured from the baselines from which the breadth of the territorial sea is measured. In this sub-paragraph “miles” means international nautical miles of 1,852 metres. (3) The provisions of this Act relating to work in Northern Ireland apply where a person acts as a gangmaster, whether in Northern Ireland or elsewhere, in relation to work in Northern Ireland to which this Act applies. (4) References in this Schedule to “Northern Ireland licences” are to licences under this Act in respect of activities as a gangmaster in relation to work in Northern Ireland. Section 1: The Gangmasters and Labour Abuse Authority 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 2: Directions etc. by the Secretary of State 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 3: Work to which this Act applies 7 In section 3(5) (power to make regulations excluding or including work) as it applies in relation to work in Northern Ireland— (a) the reference to the Secretary of State shall be read as a reference to the relevant Northern Ireland department, and (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)). Section 6: Prohibition of unlicensed activities 8 In section 6(2) (power to specify circumstances in which licence not required) as it applies in relation to work in Northern Ireland, the reference to the Secretary of State shall be read as a reference to the relevant Northern Ireland department. Section 7: Grant of licences 9 The Secretary of State shall grant separate licences in respect of activities as a gangmaster in relation to work in Northern Ireland. Section 8: General power ... to make rules 10 (1) Rules under section 8 (general power ... to make rules) may make different provision for Northern Ireland licences. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The Secretary of State must consult the relevant Northern Ireland department before making any Northern Ireland rules about fees. Section 10: Appeals 11 Regulations under section 10 that make provision for appeals against decisions made in connection with Northern Ireland licences may, if the relevant Northern Ireland department so agrees, confer functions on the relevant Northern Ireland department. Section 11: Register of licences 12 The Secretary of State must maintain a separate register of Northern Ireland licences. Section 13: Offences: entering into arrangements with gangmasters 13 In section 13(3) (power to make regulations as to what constitutes “reasonable steps”) as it applies in relation to persons entering into arrangements with gangmasters in relation to work in Northern Ireland, the reference to the Secretary of State shall be read as a reference to the relevant Northern Ireland department. Section 14: Offences: supplementary provisions 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 15: Enforcement and compliance officers 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 17: Entry by warrant 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 19: Information relating to gangmasters 16A (1) Section 19 as it applies in relation to Northern Ireland functions is to be read as if— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) in subsection (2), after “Information” there were inserted the words “ relating to the operations of a person acting as a gangmaster ” . (2) In this paragraph “ Northern Ireland functions ” means functions under this Act in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland. Section 22A: Relationship with other agencies: requests for assistance 16B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 23: Annual report 17 (1) The Secretary of State shall send to the relevant Northern Ireland department a copy of every report laid by him before Parliament under section 23. (2) The relevant Northern Ireland department shall lay a copy of the report before the Northern Ireland Assembly. Section 24: Financial provision 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 25: Regulations, rules and orders 19 (1) In section 25(1) (meaning of “prescribed”) as it applies in relation to matters in relation to which the relevant Northern Ireland department has power to make regulations the reference to the Secretary of State shall be read as a reference to the relevant Northern Ireland department. (2) Regulations under this Act made by the relevant Northern Ireland department shall be made by statutory rule (for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/ 1573 (N.I. 12)). (3) A statutory rule containing regulations under section 3(5)(b) (regulations extending work to which this Act applies) must not be made unless a draft of the rule has been laid before and approved by the Northern Ireland Assembly. (4) Any other power under this Act to make a statutory rule is subject to negative resolution. In this sub-paragraph “negative resolution” shall be construed in accordance with section 41 of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)). Section 27: Exclusion of provisions relating to employment agencies and businesses 20 In section 27 as it applies in relation to activities in relation to work in Northern Ireland, the references to the Employment Agencies Act 1973 (c. 35) shall be read as references to Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (SI 1981/839 (N.I. 20)). Section 29: Commencement and transitional provision 21 Before exercising the power under section 29(1) or (3) in relation to the coming into force of any provision of this Act in relation to persons acting as gangmasters in relation to work in Northern Ireland, the Secretary of State shall consult the relevant Northern Ireland department.