SCHEDULE
Regulation 2
CIRCUMSTANCES IN WHICH A LICENCE IS NOT REQUIRED
PART 1
Produce workers
1. The supply of a worker to process or pack produce if the worker is supplied to—
(a) a catering establishment;
(b) a shop or other retail establishment;
(c) a wholesale market;
(d) a wholesale establishment;
(e) a distribution warehouse.
2. The supply of a worker to process or pack a product which includes a derivative of produce but where the product concerned is not a food product, pet food product or a product which is primarily an agricultural, fish or shellfish product.
3. In this Part—
“catering establishment” means—
(a) a restaurant, canteen, club, public house, school kitchen, prison kitchen, hospital kitchen or similar establishment (including a vehicle or a fixed or mobile stall) where—
(i) food is cooked or made ready for consumption without further preparation; and
(ii) food is prepared for service to the consumer;
(b) other premises where—
(i) food is cooked or made ready for consumption without further preparation;
(ii) food is prepared for service to the consumer; and
(iii) there is no change of ownership of the food concerned between preparation and delivery to the consumer;
“distribution warehouse” means premises where produce is received prior to onward distribution to a wholesale or retail establishment and—
(a) there is no change in the ownership of the produce concerned between receipt and onward distribution;
(b) the wholesale or retail establishment to which delivery is made is excluded under paragraph 1 of this Schedule; and
(c) the premises are owned by the same person that owns the retail or wholesale establishment to which the produce is delivered;
“produce” means produce derived from agricultural work, shellfish, fish or products derived from shellfish or fish;
“wholesale establishment” means a facility operated solely for the purpose of selling produce for the purposes of resale or to a catering establishment, and includes a cash and carry warehouse but excludes a food processing or packaging facility.
PART 2
Agricultural workers
4.—(1) The supply of a worker for agricultural work by a farmer (A) to another farmer (B) where—
(a)
(a) the supply is to do work on a farm which is the subject of a share farming agreement between A and B; or
(b)
(b) the total hours the worker works for B are not more than thirty per cent of the total hours the worker worked for A in the twelve months immediately preceding the commencement of the period of work undertaken for B; or
(c)
(c) the worker has been supplied to A by a person (C) who acts as a gangmaster in making that supply, and the supply by A—
(i) is made with C’s agreement to the nature of the work to be undertaken for B; and
(ii) is a one-off arrangement of less than two weeks.
(2) In this paragraph—
“share farming agreement” means an agreement entered into between two or more persons to share the net receipts of—
(a) their separate business assets; or
(b) services for carrying out specified farming operations,
as divided between them and paid to the businesses in agreed proportions.
5. The use of a worker for agricultural work by a farmer (A) to provide a service to another farmer (B) where the service provided involves a one-off arrangement of less than four weeks and—
(a) the total hours the worker works delivering services to B are not more than thirty per cent of the total hours the worker worked for A in the twelve months immediately preceding the commencement of the delivery of services to B; or
(b) the worker has been supplied to A by a person (C) who acts as a gangmaster in making that supply, and the use of the worker to deliver services by A is made with C’s agreement to the nature of the services to be provided to B.
6. The supply of a worker by a farmer to a person (A) to operate machinery supplied by A for the purpose of undertaking agricultural work for that farmer.
7.—(1) The supply of a worker by a sole operator in the Seasonal Agricultural Workers Scheme to another Seasonal Agricultural Workers Scheme operator.
(2) In this paragraph “Seasonal Agricultural Workers Scheme” means a...
