Gangmasters (Licensing) Act 2004 (Chapter 11).
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The act is organised in 30 sections and 2 schedules. It extends to England and Wales, Scotland and Northern Ireland (Schedule 2 lays down provisions for application to Northern Ireland).
Firstly, the Act renames the Gangmasters Licensing Authority as the Gangmasters and Labour Abuse Authority conferring to “the Authority” a list of functions relating to licencing.
Under the Act (section 4) a person (“A”) acts as a gangmaster if he supplies a worker to do work to which this Act applies for another person (“B”). It does not matter whether the worker works under a contract with A or is supplied to him by another person, or other formal arrangements exists between A and B and/or involving one or more intermediaries. A person (“A”) acts as a gangmaster, also, if he uses a worker to do work to which this Act applies in connection with services provided by him to another person. Furthermore a person (“A”) acts as a gangmaster if he uses a worker to do any of the following work to which this Act applies for the purposes of a business carried on by him: (a) harvesting or gathering agricultural produce following a sale, assignment or lease of produce to A, or the making of any other agreement with A, where the sale, assignment, lease or other agreement was entered into for the purpose of enabling the harvesting or gathering to take place; (b)gathering shellfish; (c)processing or packaging agricultural produce harvested or gathered as mentioned in paragraph. The Act extends its application and licencing system to bodies corporate (section 20), to unincorporated associations (section 21), and to partnerships (section 22).
The Act also specifies the work to which this Act applies is (a) agricultural work, (b) gathering shellfish ((crustaceans and molluscs of any kind or parts of it), and (c) processing or packaging any produce derived from agricultural work, or shellfish, fish or products derived from shellfish or fish. Under “agricultural work” is included dairy-farming, the production for the purposes of any trade, business or other undertaking (whether carried on for profit or not) of consumable produce, the use of land as grazing, meadow or pasture land, as an orchard or as osier land or woodland, and for market gardens or nursery grounds.
It is prohibited to “act as a gangmaster” without a licence unless a Regulation specify circumstances in which a licence is not required (section 6). Sections 7-11 regulate licences granting, modification, revocation, transfer, and appeal. Offences are regulated by sections 12-14. Section 12 rules that a person commits an offence if he “acts as a gangmaster” in contravention of section 6 (prohibition of unlicensed activities), and specifies that for this purpose a person acting as a gangmaster does not contravene section 6 by reason only of the fact that he breaches a condition of the licence which authorises him to so act. Other offences include “acts as a gangmaster” and being in possession of false documents. It also commits the offence the person that enters into arrangements with “the gangmaster” to receive workers or services without a gangmaster licence. Sections 15-19 regulate enforcement.
Firstly, the Act renames the Gangmasters Licensing Authority as the Gangmasters and Labour Abuse Authority conferring to “the Authority” a list of functions relating to licencing.
Under the Act (section 4) a person (“A”) acts as a gangmaster if he supplies a worker to do work to which this Act applies for another person (“B”). It does not matter whether the worker works under a contract with A or is supplied to him by another person, or other formal arrangements exists between A and B and/or involving one or more intermediaries. A person (“A”) acts as a gangmaster, also, if he uses a worker to do work to which this Act applies in connection with services provided by him to another person. Furthermore a person (“A”) acts as a gangmaster if he uses a worker to do any of the following work to which this Act applies for the purposes of a business carried on by him: (a) harvesting or gathering agricultural produce following a sale, assignment or lease of produce to A, or the making of any other agreement with A, where the sale, assignment, lease or other agreement was entered into for the purpose of enabling the harvesting or gathering to take place; (b)gathering shellfish; (c)processing or packaging agricultural produce harvested or gathered as mentioned in paragraph. The Act extends its application and licencing system to bodies corporate (section 20), to unincorporated associations (section 21), and to partnerships (section 22).
The Act also specifies the work to which this Act applies is (a) agricultural work, (b) gathering shellfish ((crustaceans and molluscs of any kind or parts of it), and (c) processing or packaging any produce derived from agricultural work, or shellfish, fish or products derived from shellfish or fish. Under “agricultural work” is included dairy-farming, the production for the purposes of any trade, business or other undertaking (whether carried on for profit or not) of consumable produce, the use of land as grazing, meadow or pasture land, as an orchard or as osier land or woodland, and for market gardens or nursery grounds.
It is prohibited to “act as a gangmaster” without a licence unless a Regulation specify circumstances in which a licence is not required (section 6). Sections 7-11 regulate licences granting, modification, revocation, transfer, and appeal. Offences are regulated by sections 12-14. Section 12 rules that a person commits an offence if he “acts as a gangmaster” in contravention of section 6 (prohibition of unlicensed activities), and specifies that for this purpose a person acting as a gangmaster does not contravene section 6 by reason only of the fact that he breaches a condition of the licence which authorises him to so act. Other offences include “acts as a gangmaster” and being in possession of false documents. It also commits the offence the person that enters into arrangements with “the gangmaster” to receive workers or services without a gangmaster licence. Sections 15-19 regulate enforcement.
Attached files
Web site
Long title of text
An Act to make provision for the licensing of activities involving the supply or use of workers in connection with agricultural work, the gathering of wild creatures and wild plants, the harvesting of fish from fish farms, and certain processing and packaging; and for connected purposes.
Notes
Last Amendment was made by the Immigration Act 2016 (Chapter 19).
Repealed
No
Source language
English
Legislation Amendment
No