EMPLOYMENT Citation, commencement and interpretation 1 1 These Rules may be cited as the Gangmasters (Licensing Conditions) Rules 2006, and come into force on 6th April 2006. 2 In these Rules— “the 2004 Act ” means the Gangmasters (Licensing) Act 2004; “applicant” means the person or business which applies for a licence; “ the Authority ” means the Gangmasters Licensing Authority; “business” includes a sole trader, company, unincorporated association and partnership; “labour user” means a person to whom a licence holder supplies workers or services; “licence holder” means the person or business granted a licence; “principal authority” is defined in rule 2; “working day” means a day other than a Saturday or a Sunday, Christmas Day or Good Friday, or a date which is a bank holiday under or by virtue of the Banking and Financial Dealings Act 1971 . Definition of the principal authority 2 1 For the purpose of these Rules the “principal authority” means the person with control of a business. 2 In the case of a limited company, a person is taken as having control if— a he is a director of that company (or of another company) who has control of it; or b the directors of that company (or another company which has control of it) are accustomed to act in accordance with his directions or instructions. Application for a gangmaster’s licence 3 1 A gangmaster’s licence will only be granted to a business. 2 The principal authority is responsible for completing the information submitted in the application on behalf of the business. 3 He and any person who is put forward to be named or otherwise specified in the licence must be a fit and proper person. 4 He must disclose details of— a any conviction which is not spent under the provisions of section 1 of the Rehabilitation of Offenders Act 1974 ; b any judgment against him by any court; and c any investigation undertaken or penalty imposed by a local authority or government department. 5 He must disclose details of any previous trading in the sector that is regulated by the 2004 Act (either personally or as a director or shareholder of a company) in the previous five years including full details of any business concerned. 6 He, and in the case of a company, all the directors, and in a case of a partnership, all the partners, must be 16 years old or older. 7 He must inform the Authority of— a the persons to be named and the positions to be otherwise specified on the licence; b in the case of a company, the names of the directors; and c in the case of a partnership, the names of the partners. 8 He must inform the Authority of the turnover of his business in the sector that is regulated by the 2004 Act for the previous financial year or in the case of a new business, the expected turnover. 9 He must inform the Authority if the business has been subject to an audit under the Code of Practice of the Temporary Labour Working Group or any other audit approved by the Authority and agree that details of that audit are disclosed by the auditor to the Authority. 10 He must make available any records the Authority may request in support of the application to the Authority and persons acting on behalf of the Authority. 11 Any director or partner of the business, and any person proposed to be named in the licence must provide to the Authority on demand any details specified in paragraph (4) or (5). 12 The Authority can impose such conditions as it considers appropriate when it grants the licence and can also impose additional conditions after the grant of a licence. Licence conditions 4 1 The licence holder must fulfil the following conditions. 2 He and any person named or otherwise specified in the licence must at all times act in a fit and proper manner. 3 He must notify the Authority within 20 working days if there are changes to any details submitted with his application, except for the annual turnover which must be notified in accordance with paragraph (5). 4 He must notify the Authority within 20 working days if the persons named or if the positions otherwise specified on the licence change and any new persons named must also disclose any details under rule 3(4) at the request of the Authority. 5 He must inform the Authority, on demand, of the annual turnover of his business in the sector that is regulated by the 2004 Act for the previous financial year. 6 He must notify the Authority as soon as reasonably practicable if he suspects his licence has been used by someone not authorised to act on behalf of that licence holder. 7 He must provide details of his licence at the request of any constable, enforcement officer or compliance officer to that constable, enforcement officer or compliance officer. 8 He, or a person named or otherwise specified on the licence must provide— a his licence number to the labour user when he enters into arrangements to supply workers or services; b on demand, his licence number to any worker supplied by him to a labour user; and c on demand, details of any additional licence conditions to the labour user or any worker supplied by him. 9 The Authority may inspect the business at any reasonable time. 10 He must comply with the conditions in the Schedule. Criteria to be considered when assessing “fit and proper” 5 When assessing whether a business is fit and proper to hold a gangmaster’s licence, the Authority shall have regard to these Rules and the obligations contained in regulations 12 (2) of the Gangmasters (Licensing Authority) Regulations 2005 . New applications 6 1 A licence expires and must be reapplied for if any of the following details of the licence holder change— a his Companies House number; b his Unique Tax Reference; or c his Value Added Tax number. 2 A new application fee is payable. The application fee and renewal fee 7 1 A licences shall last for one year. 2 The fee payable in relation to the application for a grant of a licence is payable with the application. 3 The application fee is based on the turnover, or expected turnover, of the business in the sector that is regulated by the 2004 Act for the previous financial year as placed in bands A, B, C or D in the table below. 4 When an application is received before 31st May 2006, the application fee is reduced by £250 where the applicant has been audited under the Code of Practice of the Temporary Labour Working Group and has, in the opinion of the Authority, successfully remedied any instances of non-compliance identified. 5 The renewal fee is based on the turnover of the business in the sector that is regulated by the 2004 Act for the previous financial year as placed in bands A, B, C or D in the table below. 6 If the full renewal fee is not paid within 30 working days of the date of the demand for payment, the licence expires. 7 Application fees and renewal fees are not refundable. 8 These fees are subject to any relevant taxes and duties. Licence fees payable Annual turnover of business Fee Band Annual Fee £10 million + A £4,000 £5 – 10 million B £2,000 £1 – 5 million C £750 Less than £1 million D £250 Application inspections 8 1 The applicant must permit, and pay for, an inspection of the business as part of the application process if the Authority considers it necessary 2 The fee for an application inspection as provided for in paragraph (1) is based on the fee bands below. 3 These fees are subject to any relevant taxes and duties. Annual turnover of business Fee Band Fee £10 million + A £2,500 £5 – 10 million B £2,100 £1 – 5 million C £1,850 Less than £1 million D £1,600 Electronic and other communications 9 1 Except where otherwise provided, any requirement in these Rules— a to notify or give notice to a person of any matter; b to give or send a document to a person; c to inform a person or provide a person with information; or d to make enquiries and to receive answers, may be satisfied by one of the means in paragraph (3). 2 Any reference in these Rules to a person giving consent or obtaining another person’s consent to something shall be construed as a reference to giving or receiving that consent by one of the means in paragraph (3). 3 The means referred to in paragraphs (1) and (2) are — a giving or receiving in person the notice, document, information, enquiry, answer or consent in paper form; or b sending, transmitting or receiving the notice, document, information, enquiry, answer or consent by post, facsimile or by other electronic means to an address provided for that purpose by the intended recipient, provided that any information so given, sent or transmitted is in a form which is clearly legible by the intended recipient. Paul Whitehouse Chairman Gangmasters Licensing Authority 8th March 2006