This Schedule sets out transitional and savings provisions relating to Part 5. Part 1 of this Schedule provides powers to make transfer schemes in relation to the abolition of the Gangmasters and Labour Abuse Authority (GLAA) and the Director of Labour Market Enforcement and Part 2 makes other transitional and savings provision.
	Paragraph 1 provides for the Secretary of State to make a staff transfer scheme to enable GLAA employees to become members of the Secretary of State’s staff, which can provide for, amongst other things, the terms and conditions of employment and for calculating continuous employment.
	Subparagraphs (3) to (5) enable, in specific circumstances, provision to be made in a staff transfer scheme in relation to whether or not a member of GLAA staff is to be transferred.
	Paragraph 2 provides for the for the Secretary of State to make a property transfer scheme to enable the property, rights and liabilities of the GLAA and of the Director of Labour Market Enforcement to be transferred to the Secretary of State.
	Paragraph 3 makes provision to ensure continuity of anything done by or in relation to the GLAA or the Director where staff, property, rights and liabilities are transferred under either a staff transfer scheme or a property transfer scheme.
	Paragraph 4 provides for either type of scheme to include supplementary, incidental, transitional or consequential provision.
	Paragraph 5 defines "designated", "the Director" and "the GLAA" for the purposes of this Part of the Schedule.
	Paragraph 6 makes provision to ensure the continuity of labour market enforcement functions. Under this paragraph, anything already done by or in relation to a relevant person prior to commencement of the relevant Sections continues as if done by the Secretary of State.
	Sub-paragraph (4) defines "relevant person" for the purpose of this paragraph. Paragraph 6(4)(e) includes an enforcement officer acting for the purposes of the Gangmasters (Licensing) Act 2004 as a relevant person, apart from functions done by or in relation to enforcement officers in Northern Ireland appointed under paragraph 15 of Schedule 2 to the Gangmasters (Licensing) Act 2004.
	Paragraph 7 provides for continuity of requests for, and retention of, information. Under this paragraph any existing requests for information made under a repealed provision immediately before the commencement day of that repeal are to be treated as being made by the Secretary of State under the corresponding provision of the Act. Similarly, any information retained under a power of a repealed provision before commencement of that repeal is to be treated as retained under the power in Section 97 of this Act.
	Paragraph 8 makes provision for the continuity of functions carried out by labour abuse prevention officers. Any action taken by or involving such an officer under section 114B of the Police and Criminal Evidence Act 1984 (PACE) before the relevant day (when paragraph 63 of Schedule 10 comes into force) will be treated as if it was done by or in relation to a relevant enforcement officer on and after that day. Similarly, if an action related to a function of a labour abuse prevention officer was in progress before the relevant day, it can be continued by a relevant enforcement officer on and after that date.
	Sub-paragraph (3) defines "labour abuse prevention officer" and "relevant enforcement officer" for the purpose of this paragraph.
	Paragraph 9 provides for continuity of applications for warrants. Under this paragraph, if an application for a warrant under section 17 of the Gangmasters (Licensing) Act 2004 was made before the relevant date (when paragraph 38 of Schedule 10 takes effect) but not yet determined or withdrawn, it will be treated as an application for a warrant under Section 105 of this Act.
	Paragraph 10 makes provision for the continuity of issued, but unexecuted warrants. If a warrant was issued under section 17 of the 2004 Act before the relevant date but not yet executed, it will be treated as issued under Section 105 of this Act (but Section 134 and Schedule 8 of this Act will not apply).
	Paragraph 11 provides for the continuity of things done in relation to LME undertakings and orders before the repeal of sections 14 to 30 of the Immigration Act 2016 takes effect, including that any such existing undertakings and orders will be treated as an LME undertaking or order under this Act.
	Paragraph 12 provides that information obtained under section 9 of the Employment Agencies Act 1973 or section 26(1) of the Immigration Act 2016 and held by an officer for the purposes of the 1973 Act becomes vested in the Secretary of State when paragraph 2 of Schedule 10 (which repeals section 8A of the 1973 Act (appointment of officers)) takes effect.
	Paragraph 13 provides that references in Section 138 to "information obtained by the Secretary of State" in connection with any enforcement function include: information obtained by virtue of Paragraph 12 of this Schedule; information held under sections 15(2) and 16(2) of the National Minimum Wage Act 1998 prior to changes made by Schedule 10 of this Act (which repeal sections 15 and 16) taking effect; and, information obtained under a property transfer scheme under paragraph 2 of this Schedule.
	Additionally, subparagraph (2) makes provision in relation to certain information previously disclosed by HMRC to enforcement authorities. This information is considered HMRC information for the purposes of section 137. Consequently, this information would be subject to the restrictions on onward disclosure laid down in section 137.
	Paragraph 14 provides that the repeal of section 9 of the Employment Agencies Act 1973 (inspection) does not prevent prior statements by a person, given before the day of that repeal, from being used as evidence against that person in criminal cases on or after that day.
	Paragraph 15 provides that, after the coming into force of paragraph 30(2)(b) of Schedule 7 to this Act, the reference in that paragraph to an investigation by or on behalf of the Secretary of State in relation to any order made under section 14 of the Modern Slavery Act 2015 includes an investigation carried out by a labour abuse prevention officer.
	Paragraphs 16 and 17 set out additional provision for the continuity of requirements to notify the Gangmasters and Labour Abuse Authority under slavery and trafficking prevention orders made under the Modern Slavery Act. Those requirements have effect as a requirement to notify the Secretary of State.
	Paragraph 18 provides that the repeal of sections 19 to 19H of the National Minimum Wage Act 1998 made by paragraph 23 of Schedule 10 does not apply in relation to notices of underpayments served before the repeal comes into force, except so far as provided for by paragraph 6(1) or (2) of this Schedule.
	Paragraph 19 provides that the consequential amendments made by paragraphs 17 to 24 of Schedule 10 to the National Minimum Wage Act 1998 and the consequential amendments made to other legislation by paragraphs 68(2), 81 (a) and 85(b) of Schedule 10 do not affect any provision of the National Minimum Wage Act 1998 for the purpose of legislation relating to agricultural wages in England, Scotland, Wales and Northern Ireland.
	Paragraph 20 provides that consequential amendment made by subparagraph 45(6) of Schedule 10 does not affect regulations made by the relevant Northern Ireland department, in relation to appeals, before the coming into force of that amendment using powers contained in paragraph 11 of Schedule 2 to the Gangmasters (Licensing) Act 2004.
Part 5: Enforcement of Labour Market Legislation Supplementary Schedule 11 - Transitional and saving provision relating to Part 5