Section 123 — Power to make LME order on application

(1) The appropriate court may, on an application by the Secretary of State under section 124, make a labour market enforcement order in relation to a person if the court—

(a) is satisfied, on the balance of probabilities, that the person has committed, or is committing, a labour market offence, and

(b) considers that it is just and reasonable to make the order.

(2) A labour market enforcement order (an “LME order”) is an order which—

(a) prohibits or restricts the person in relation to whom it is made (the “respondent”) from doing anything set out in the order;

(b) requires the respondent to do anything set out in the order.

(3) An application for an LME order under this section is—

(a) in England and Wales, to be made by complaint;

(b) in Northern Ireland, to be made by complaint under Part 8 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(4) In this section “the appropriate court”—

(a) in a case where the conduct constituting the labour market offence took place, or is taking place, primarily in England and Wales, means a magistrates’ court;

(b) in a case where that conduct took place, or is taking place, primarily in Scotland, means the sheriff or a summary sheriff;

(c) in a case where that conduct took place, or is taking place, primarily in Northern Ireland, means a court of summary jurisdiction.