Gangmasters - legislation
This page summarises, and provides links to, the legislation that established
the Gangmasters Licensing Authority and that governs its operation.
Introduction
The Gangmasters (Licensing) Act 2004 established the Gangmasters Licensing Authority (GLA) to set up and operate the licensing scheme for labour providers operating in the agriculture, shellfish gathering and associated processing and packaging sectors and created the offences The Act applies to labour providers who provide people to undertake work to which the Act applies anywhere in the UK, on any portion of the shore or bed of the sea, or of any estuary or tidal river, adjacent to the UK, whether above or below the low water mark (or in UK coastal waters). This includes businesses registered as employment agencies or employment businesses. The Act also applies to people using others to gather shellfish.
The Gangmasters (Licensing) Act 2004 originated as a Private Members Bill introduced into the House of Commons by Jim Sheridan MP on 7 January 2004. The Bill completed its passage through Parliament on 6 July 2004 and received Royal Assent on 8 July 2004.
Secondary legislation
The Gangmasters (Licensing Authority) Regulations 2005 (SI 2005 No 448) which came into effect on 1 April 2005 govern the constitution of the GLA, the appointment of its members, payment of remuneration, allowances and any other matters in connection with the establishment and operation of the Authority.
The scope of the Gangmasters (Licensing) Act 2004 was drafted in broad terms but the Secretary of State was given the power to make Regulations specifying the circumstances in which a licence is not required. These are the Gangmasters (Exclusions) Regulations 2006 (SI 2006 No 658).
An indicative list of the circumstances which are excluded by these regulations is provided:
The Gangmasters (Licensing Conditions) (No.2) Rules 2006 (SI 2006 No 2373) , made by the GLA, prescribe conditions with which labour providers must comply.
The Act requires the Secretary of State to make regulations providing for appeals against a decision by the Authority. These are the Gangmasters (Appeals) Regulations 2006 SI 2006 No 662. A Guide for people making an appeal is available. It includes an application form which can be printed, completed and submitted to the Secretariat (contact details are at para 34 of the Guide).
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(All legislation can be found on the website of the Office of Public Sector Information at www.opsi.gov.uk)
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last modified: 14 November 2006
Page published: 14 November 2006