Schedule 10 | Consequential amendments relating to Part 5

Part 1Existing powers under relevant labour market legislation

(1)The Employment Agencies Act 1973 is amended as follows.

(2)Omit section 8A (appointment of officers).

(3)Omit section 9 (inspection).

(1)Section 11A (offences: extension of time limit) is amended as follows.

(2)In subsection (1), omit “9(4)(b) or”.

(3)In subsection (3), omit “9(4)(b) or”.

(5)Part 2A of the Employment Tribunals Act 1996 (financial penalties for failure to pay sums ordered to be paid or settlement sums) is amended as follows.

(6)In section 37D (unpaid amount of relevant sum: further provision), in subsection (6), for “an enforcement officer” substitute “the Secretary of State”.

(1)Section 37E (warning notice) is amended as follows.

(2)In subsection (1), for “an enforcement officer” substitute “the Secretary of State”.

(3)In subsection (2)—

(a)for “officer” substitute “Secretary of State”;

(b)for “officer’s” substitute “Secretary of State’s”.

(4)In subsection (3), for “officer” substitute “Secretary of State”.

(1)Section 37F (penalty notice) is amended as follows.

(2)In subsection (1), for “an enforcement officer” substitute “the Secretary of State”.

(3)In subsection (2), for “officer” substitute “Secretary of State”.

(9)In section 37G (appeal against penalty notice), in subsection (3)(b), for “enforcement officer” substitute “Secretary of State”.

(10)In section 37I (withdrawal of warning notice), in subsection (1)—

(a)in paragraph (b), for “an enforcement officer” substitute “the Secretary of State”;

(b)in the closing words, for “officer” substitute “Secretary of State”.

(11)In section 37J (withdrawal of penalty notice), in subsection (1)—

(a)in paragraph (b), for “an enforcement officer” substitute “the Secretary of State”;

(b)in the closing words, for “officer” substitute “Secretary of State”.

(12)In section 37K (replacement penalty notice), in subsection (1)—

(a)for “an enforcement officer” substitute “the Secretary of State”;

(b)for “the officer” substitute “the Secretary of State”.

(13)Omit section 37M (enforcement officers).

(14)In section 37O (modification in particular cases), in subsection (4)(a), for “enforcement officer” substitute “Secretary of State”.

(15)In section 37P (giving of notices), in subsection (1)(a), for “an enforcement officer” substitute “the Secretary of State”.

(16)In section 37Q(1) (interpretation), omit the definition of “enforcement officer”.

(17)The National Minimum Wage Act 1998 is amended as follows.

(18)Omit section 13 (appointment of officers) and the italic heading before that section.

(19)Omit section 14 (powers of officers).

(20)Omit section 15 (information obtained by officers).

(21)Omit section 16 (information obtained by agricultural wages officers).

(22)In section 16A (disclosure of information by officers), in subsection (5)—

(a)in the definition of “enforcement officer”, omit paragraph (a) (and the “or” after it);

(b)in the definition of “the relevant legislation”, omit paragraph (a) (and the “and” after it).

(23)Omit sections 19 to 19H (notices of underpayment).

(24)In section 31 (offences), omit subsection (5).

(25)The Gangmasters (Licensing) Act 2004 is amended as follows.

(26)Omit the italic heading before section 1.

(27)Omit section 2 (directions etc to the Gangmasters and Labour Abuse Authority).

(28)In section 3 (work to which Act applies), for subsection (6) substitute—

(6)Before making regulations under subsection (5), the Secretary of State must consult the Advisory Board established under section 93 of the Employment Rights Act 2025.

(1)Section 7 (grant of licence) is amended as follows.

(2)In subsection (1)—

(a)for “Authority” substitute “Secretary of State”;

(b)for “it” substitute “the Secretary of State”.

(3)In subsection (2), for “Authority” substitute “Secretary of State”.

(4)In subsection (5), for “Authority” substitute “Secretary of State”.

(1)Section 8 (general power to make rules) is amended as follows.

(2)In the heading, omit “of Authority”.

(3)In subsection (1)—

(a)for the words from the beginning to “State” substitute “The Secretary of State may”;

(b)for “it” substitute “the Secretary of State”.

(1)Section 9 (modification, revocation or transfer of licence) is amended as follows.

(2)In subsection (1)—

(a)for “Authority” substitute “Secretary of State”;

(b)in paragraph (b), for “him” substitute “the Secretary of State”.

(3)In subsection (2), for “Authority” substitute “Secretary of State”.

(4)In subsection (3), for “Authority”, in both places it occurs, substitute “Secretary of State”.

(32)In section 10 (appeals), in subsection (1), for “Authority” substitute “Secretary of State”.

(1)Section 11 (register of licences) is amended as follows.

(2)In subsection (1), for “The Authority shall establish and” substitute “The Secretary of State must”.

(3)In subsection (2), for “Authority” substitute “Secretary of State”.

(4)In subsection (3), for “Authority” substitute “Secretary of State”.

(34)In section 12 (offences: acting as a gangmaster, etc), in subsection (6)(b), for “Authority” substitute “Gangmasters and Labour Abuse Authority or the Secretary of State”.

(1)Section 14 (offences: supplementary provisions) is amended as follows.

(2)In subsection (1), for “section 24A of the Police and Criminal Evidence Act 1984 (c. 60)” substitute “Article 26A of the Police and Criminal Evidence Act (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))”.

(3)Omit subsection (2A).

(4)In subsection (3), after “do not apply” insert “in England and Wales or”.

(1)Section 15 (enforcement and compliance officers) is amended as follows.

(2)For the heading substitute “Enforcement officers: Northern Ireland”.

(3)In subsection (1)—

(a)for “Secretary of State” substitute “Department of Agriculture, Environment and Rural Affairs in Northern Ireland (“the Department”)”;

(b)after “this Act” insert “, so far as it applies in relation to Northern Ireland”.

(4)In subsection (2), for “Secretary of State” substitute “Department”.

(5)In subsection (3)—

(a)omit paragraph (a);

(b)after paragraph (b) insert—

(ba)any Minister within the meaning of the Northern Ireland Act 1998 or any Northern Ireland department,

;

(c)omit paragraphs (c) and (d).

(6)After subsection (3) insert—

(3A)Arrangements made under subsection (2) with a relevant authority within paragraph (b) or (e) of subsection (3) may provide for payments to be made by the Department in respect of the performance of any function to which the arrangements relate.

(3B)Any sums received by virtue of subsection (3A) by a Minister of the Crown or government department are to be paid into the Consolidated Fund.

(7)Omit subsection (4).

(8)In subsection (5), omit “or a compliance officer”.

(9)In subsection (6), omit “or a compliance officer”.

(10)After subsection (6) insert—

(6ZA)For powers to enforce this Act so far as it applies in relation to England and Wales and Scotland, see Part 5 of the Employment Rights Act 2025.

(11)Omit subsection (6A).

(1)Section 16 (powers of officers) is amended as follows.

(2)Omit subsection (A1).

(3)In subsection (1), omit “or a compliance officer”.

(1)Section 17 (entry by warrant) is amended as follows.

(2)Omit subsection (A1).

(3)In subsection (1), for “written information” substitute “a written complaint”.

(4)After subsection (4) insert—

(4A)In this section a reference to section 6 is a reference to that section only so far as it applies in relation to Northern Ireland.

(5)Omit subsection (5).

(1)Section 18 (obstruction of officers) is amended as follows.

(2)In subsection (1)(a)—

(a)omit “or compliance officer”;

(b)omit the words from “or functions” to “officers)”.

(3)In subsection (2), omit “or compliance officer”.

(4)In subsection (3)—

(a)omit paragraph (a);

(b)in paragraph (b), omit “Scotland or”;

(c)omit the words after paragraph (b).

(1)Section 19 (information relating to gangmasters) is amended as follows.

(2)In subsection (1)—

(a)omit paragraph (aa) (but not the “and” after it);

(b)in paragraph (b), before sub-paragraph (i) insert—

(zi)the enforcement of this Act so far as it applies in relation to England and Wales and Scotland,

.

(3)In subsection (1A), omit paragraph (b) (and the “and” before it).

(4)Omit subsection (1B).

(5)In subsection (2)—

(a)for “subsection (1)(aa) or (b)” substitute “subsection (1)(b)”;

(b)after “supplied to” insert “, or used by,”.

(41)Omit section 22A (relationship with other agencies: requests for assistance).

(42)Omit section 24 (financial provision).

(1)Section 25 (regulations, rules and orders) is amended as follows.

(2)In subsection (3), after “regulations” insert “, rules”.

(3)Omit subsection (4).

(4)In subsection (5)—

(a)omit paragraph (a);

(b)omit paragraph (c) (and the “or” before it).

(5)In subsection (6)(b), omit “made by the Authority” and “of Authority”.

(44)Omit Schedule 1 (consequential amendments of enactments).

(1)Schedule 2 (application of Act to Northern Ireland) is amended as follows.

(2)Omit paragraphs 3 to 6.

(3)In paragraph 9 (grant of licences), for “Authority” substitute “Secretary of State”.

(4)In the italic heading before paragraph 10, omit “of Authority”.

(5)In paragraph 10 (general power to make rules)—

(a)in sub-paragraph (1), omit “of Authority”;

(b)omit sub-paragraph (2);

(c)in sub-paragraph (3), for “Authority” substitute “Secretary of State”.

(6)For paragraph 11 substitute—

11Regulations 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.

(7)In paragraph 12 (register of licences), for “The Authority shall establish and” substitute “The Secretary of State must”.

(8)Omit paragraph 14 (offences: supplementary provision).

(9)Omit paragraph 15 (enforcement and compliance officers).

(10)Omit paragraph 16 (entry by warrant).

(11)In paragraph 16A (information relating to gangmasters), in sub-paragraph (1), omit paragraphs (a) and (b) (and the “and” before paragraph (c)).

(12)Omit paragraph 16B (relationship with other agencies: requests for assistance).

(13)Omit paragraph 18 (financial provision).

(46)The Modern Slavery Act 2015 is amended as follows.

(47)Omit section 11A (enforcement of Part 1 by Gangmasters and Labour Abuse Authority).

(1)Section 15 (slavery and trafficking prevention orders on application) is amended as follows.

(2)In subsection (1), for paragraph (d) substitute—

(ca)if it appears that an offence under this Part which is a labour market offence has been, is being or may be committed, the Secretary of State.

(3)In subsection (7)—

(a)for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b)for “the Authority” substitute “the Secretary of State”.

(4)In subsection (8)(b)—

(a)for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b)for “the Authority” substitute “the Secretary of State”.

(49)In section 19 (requirement to provide name and address), in subsection (7)—

(a)for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b)for “the Authority” substitute “the Secretary of State”.

(1)Section 20 (variation, renewal and discharge) is amended as follows.

(2)In subsection (2)(g), for “the Gangmasters and Labour Abuse Authority, the Authority” substitute “the Secretary of State, the Secretary of State”.

(3)In subsection (9)—

(a)for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b)for “the Authority”, in both places it occurs, substitute “the Secretary of State”.

(1)Section 23 (slavery and trafficking risk orders) is amended as follows.

(2)In subsection (1), for paragraph (d) substitute—

(ca)if it appears that an offence under this Part which is a labour market offence has been, is being or may be committed, the Secretary of State.

(3)In subsection (6)—

(a)for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b)for “the Authority” substitute “the Secretary of State”.

(4)In subsection (7)(b)—

(a)for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b)for “the Authority” substitute “the Secretary of State”.

(52)In section 26 (requirement to provide name and address), in subsection (7)—

(a)for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b)for “the Authority” substitute “the Secretary of State”.

(1)Section 27 (variation, renewal and discharge) is amended as follows.

(2)In subsection (2)(g), for “the Gangmasters and Labour Abuse Authority, the Authority” substitute “the Secretary of State, the Secretary of State”.

(3)In subsection (7)—

(a)for “Gangmasters and Labour Abuse Authority” substitute “Secretary of State”;

(b)for “the Authority”, in both places it occurs, substitute “the Secretary of State”.

(54)Omit section 30A (enforcement of Part 2 by Gangmasters and Labour Abuse Authority).

(55)In section 33 (guidance), in subsection (1), for “, the Director General of the National Crime Agency and the Gangmasters and Labour Abuse Authority” substitute “and the Director General of the National Crime Agency”.

(56)In section 34 (interpretation of Part 2), in subsection (1), after the definition of “interim slavery and trafficking risk order” insert—.

Part 2Other consequential amendments

(57)In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, omit the entry relating to the Gangmasters and Labour Abuse Authority.

(58)In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit the entries relating to—

(a)the Director of Labour Market Enforcement, and

(b)the Gangmasters and Labour Abuse Authority.

(59)In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which that Act applies), omit the entries relating to—

(a)the Director of Labour Market Enforcement, and

(b)the Gangmasters and Labour Abuse Authority.

(60)In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—

(a)in Part 2, omit the entry relating to the Gangmasters and Labour Abuse Authority;

(b)in Part 3, omit the entry relating to the Director of Labour Market Enforcement.

(61)In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership)—

(a)in Part 2, omit the entry relating to the Gangmasters and Labour Abuse Authority;

(b)in Part 3, omit the entry relating to the Director of Labour Market Enforcement.

(62)In Schedule 13 to the Employment Protection Act 1975, omit paragraph 6.

(1)Section 114B of the Police and Criminal Evidence Act 1984 (application of Act to labour abuse prevention officers) is amended as follows.

(2)In the heading, for “labour abuse prevention officers” substitute “enforcement officers”.

(3)In subsection (1), for “labour abuse prevention officers” substitute “enforcement officers”.

(4)Omit subsections (3), (4), (8) and (9).

(5)In subsection (10), for “Any other” substitute “A”.

(6)For subsection (11) substitute—

(11)In this section—

“enforcement officer” has the meaning given by section 90(3) of the Employment Rights Act 2025;

“labour market offence” has the same meaning as in Part 5 of that Act (see section 151(1) of that Act).

(64)In Schedule 15C to the Companies Act 1985, omit paragraph 7D.

(65)In section 251B of the Trade Union and Labour Relations (Consolidation) Act 1992 (prohibition on disclosure of information), in subsection (2), omit paragraph (ca).

(1)The Criminal Justice and Public Order Act 1994 is amended as follows.

(2)In section 36 (effect of accused’s failure or refusal to account for objects, substances or marks), after subsection (5) insert—

(5A)This section applies in relation to enforcement officers who—

(a)are appointed by the Secretary of State under section 90 of the Employment Rights Act 2025, and

(b)are acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984,

as it applies in relation to constables.

(3)In section 37 (effect of accused’s failure or refusal to account for presence at a particular place), after subsection (4) insert—

(4A)This section applies in relation to enforcement officers who—

(a)are appointed by the Secretary of State under section 90 of the Employment Rights Act 2025, and

(b)are acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984,

as it applies in relation to constables.

(67)In Schedule 10 to the Deregulation and Contracting Out Act 1994, omit paragraph 1(4).

(1)The Employment Tribunals Act 1996 is amended as follows.

(2)In section 18 (conciliation: relevant proceedings etc), in subsection (1)(c), omit “, 19D(1)(a)”.

(3)In section 19A (conciliation: recovery of sums payable under settlements), omit subsection (10A).

(4)In section 21 (jurisdiction of Employment Appeal Tribunal), in subsection (1), after paragraph (ge) insert—

(gf)Part 5 of the Employment Rights Act 2025,

.

(69)In Schedule 7 to the Employment Relations Act 1999, omit paragraph 4.

(70)In Schedule A1 to the Immigration and Asylum Act 1999, omit paragraph 17.

(71)In the Finance Act 2000, omit section 148 (use of minimum wage information).

(72)In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant public authorities for purposes of sections 28 and 29 of that Act), omit paragraph 20E.

(73)In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (bodies etc that are public authorities for the purposes of the Act), omit the entries relating to—

(a)the Director of Labour Market Enforcement, and

(b)the Gangmasters and Labour Abuse Authority.

(1)The Police Reform Act 2002 is amended as follows.

(2)In section 10 (general functions of Director General of Independent Office for Police Conduct)—

(a)in subsection (1), for paragraph (ga) substitute—

(ga)to carry out such corresponding functions in relation to enforcement officers (within the meaning of Part 5 of the Employment Rights Act 2025) acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984;

;

(b)in subsection (3)—

(i)after paragraph (bc) insert—

(bca)any regulations under section 26CA of this Act (enforcement officers appointed under Employment Rights Act 2025);

;

(ii)omit paragraph (bd).

(3)After section 26C insert—

26CAEnforcement officers appointed under Employment Rights Act 2025

(1)The Secretary of State may make regulations conferring functions on the Director General in relation to enforcement officers acting in the exercise of functions conferred on them by virtue of section 114B of the Police and Criminal Evidence Act 1984.

(2)In this section “enforcement officer” means a person appointed by the Secretary of State under section 90 of the Employment Rights Act 2025.

(3)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 Secretary of State to, or in respect of, the Office or in respect of the Director General.

(4)The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a)the Director General has functions by virtue of this section, and

(b)the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(5)The Secretary of State or an enforcement officer may disclose information to the Director General, or to a person acting on the Director General’s behalf, for the purposes of the exercise by the Director General, or by any person acting on the Director General’s behalf, of a relevant complaints function.

(6)The Director General 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.

(7)Regulations under this section may, in particular, make—

(a)further provision about the disclosure of information under subsection (5) or (6);

(b)provision about the further disclosure of information that has been so disclosed.

(8)A disclosure of information authorised by this section does not breach—

(a)any obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(9)But this section does not authorise a disclosure of information that—

(a)would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by this section is to be taken into account), or

(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(10)In this section—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“relevant complaints function” means a function in relation to the exercise of functions by enforcement officers.

(4)Omit section 26D (labour abuse prevention officers).

(75)In Schedule 1 to the Employment Relations Act 2004, omit paragraphs 40 and 41.

(76)In Schedule 27 to the Civil Partnership Act 2004, omit paragraph 155.

(77)In Schedule 3 to the Pensions Act 2004 (certain permitted disclosures of restricted information held by the Pensions Regulator), omit the entry relating to the Director of Labour Market Enforcement.

(78)In Schedule 7 to the Serious Organised Crime and Police Act 2005, omit paragraph 62.

(79)In Schedule 7 to the Natural Environment and Rural Communities Act 2006 (designated bodies), omit paragraph 13.

(80)In Schedule 5 to the Regulatory Enforcement and Sanctions Act 2008 (designated regulators), omit the entry relating to the Gangmasters and Labour Abuse Authority.

(81)In the Employment Act 2008, omit the following—

(a)section 9(1) and (2);

(b)section 16;

(c)section 18.

(82)In Schedule 19 to the Equality Act 2010 (public authorities subject to public sector equality duty), omit the entry relating to the Gangmasters and Labour Abuse Authority.

(83)In Schedule 18 to the Financial Services Act 2012, omit paragraph 36.

(1)The Modern Slavery Act 2015 is amended as follows.

(2)In section 52 (duty to notify Secretary of State about suspected victims of slavery or human trafficking), in subsection (5), omit paragraph (k).

(3)Omit section 54A (Gangmasters and Labour Abuse Authority: information gateways).

(4)In section 58(4) (regulations), omit paragraph (ja).

(5)In section 60 (extent)—

(a)in subsection (1), omit “and section 54A, and Schedule 4A, in Part 7”;

(b)in subsection (3), omit “(except for section 54A and Schedule 4A)”.

(6)In Schedule 3, omit the following—

(a)the entry relating to the Gangmasters and Labour Abuse Authority;

(b)the entry relating to the Director of Labour Market Enforcement;

(c)the heading “Regulators”.

(7)Omit Schedule 4A.

(85)In the Small Business, Enterprise and Employment Act 2015, omit the following—

(a)in section 150, subsections (4) and (7);

(b)section 152.

(86)In Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (slavery and trafficking prevention orders), in Part 3, in paragraph 18(7), in the definition of “relevant function”, omit “or the Gangmasters and Labour Abuse Authority”.

(87)In the Immigration Act 2016, omit the following—

(a)sections 2 to 9;

(b)section 10;

(c)section 11(2);

(d)section 12(2);

(e)section 13;

(f)sections 14 to 30;

(g)sections 32 and 33;

(h)Schedule 1;

(i)in Schedule 2, paragraphs 1 to 7, 9, 16 and 17;

(j)in Schedule 3, paragraphs 1 to 12, 14 to 16, 17(b), 18 to 22, 23(4)(b), 24(2) and (3) and 25 to 36.

(1)The Investigatory Powers Act 2016 is amended as follows.

(2)In Part 1 of Schedule 4, in the Table, omit the entry relating to the Gangmasters and Labour Abuse Authority.

(3)In Schedule 10, omit paragraph 35.

(89)In Schedule 9 to the Policing and Crime Act 2017, omit paragraph 36.

(90)In Schedule 19 to the Data Protection Act 2018, omit paragraphs 191 and 197.

(91)In section 379(1) of the Sentencing Act 2020 (other behaviour orders etc), after the entry for the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 insert—

(92)In Part 2 of Schedule 3 to the Police, Crime, Sentencing and Courts Act 2022 (extraction of information from electronic devices: authorised persons in relation to all purposes within section 37), after the entry relating to section 15 of the Gangmasters (Licensing) Act 2004 insert—

(1)The Procurement Act 2023 is amended as follows.

(2)In Part 1 of Schedule 6 (mandatory exclusion grounds: offences), in paragraph 26, for “section 27 of the Immigration Act 2016” substitute “section 139 of the Employment Rights Act 2025”.

(3)In Schedule 7 (discretionary exclusion grounds), in paragraph 1(d), for “section 18 of the Immigration Act 2016” substitute “section 123 of the Employment Rights Act 2025”.