Legislation – Immigration Act 2016

“114BApplication of Act to labour abuse prevention officers

(1)

The Secretary of State may by regulations apply any provision of this Act which relates to investigations of offences conducted by police officers to investigations of labour market offences conducted by labour abuse prevention officers.

(2)

The regulations may apply provisions of this Act with any modifications specified in the regulations.

(3)

In this section “labour abuse prevention officer” means an officer of the Gangmasters and Labour Abuse Authority who—

(a)

falls within subsection (4), and

(b)

is authorised (whether generally or specifically) by the Secretary of State for the purposes of this section.

(4)

An officer of the Gangmasters and Labour Abuse Authority falls within this subsection if he or she is—

(a)

acting for the purposes of the Employment Agencies Act 1973 (see section 8A of that Act),

(b)

acting for the purposes of the National Minimum Wage Act 1998 (see section 13 of that Act),

(c)

acting for the purposes of the Gangmasters (Licensing) Act 2004 as an enforcement officer within the meaning of section 15 of that Act,

(d)

acting for the purposes of Part 1 or 2 of the Modern Slavery Act 2015 (see sections 11A and 30A of that Act), or

(e)

acting for any other purpose prescribed in regulations made by the Secretary of State.

(5)

The investigations for the purposes of which provisions of this Act may be applied by regulations under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the regulations or of this section.

(6)

Regulations under this section are to be made by statutory instrument.

(7)

Regulations under this section may make—

(a)

different provision for different purposes;

(b)

provision which applies generally or for particular purposes;

(c)

incidental, supplementary, consequential, transitional or transitory provision or savings.

(8)

Regulations under subsection (4)(e) may, in particular, make such provision amending, repealing or revoking any enactment as the Secretary of State considers appropriate in consequence of any provision made by the regulations.

(9)

A statutory instrument containing regulations under subsection (4)(e) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(10)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(11)

In this section—

“enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

“labour market offence” has the meaning given in section 3 of the Immigration Act 2016.”

“22ARelationship with other agencies: requests for assistance

(1)

The Authority may request any of the following to provide assistance to the Authority or any of its officers—

(a)

a chief officer of police for a police area in England and Wales;

(b)

the Director General of the National Crime Agency;

(c)

a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

(d)

any other person prescribed or of a prescribed description.

(2)

The Authority may make a request under subsection (1) only if it considers that the assistance would facilitate the exercise of any function by the Authority or any of its officers.

(3)

Any of the following persons may request the Authority to provide assistance to the person—

(a)

a chief officer of police for a police area in England and Wales;

(b)

a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

(c)

any other person prescribed or of a prescribed description.

(4)

A person may make a request under subsection (3) only if the person considers that the assistance would facilitate the exercise by the person of any function.

(5)

A request under this section must—

(a)

set out what assistance is being requested, and

(b)

explain how the assistance would facilitate the exercise of the function.

(6)

A person who receives a request under this section must respond to it in writing within a reasonable period.

(7)

Regulations under this section must not make provision which would be—

(a)

within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament,

(b)

within the legislative competence of the National Assembly for Wales if contained in an Act of that Assembly, or

(c)

within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly made without the consent of the Secretary of State.”