Section 90 — Enforcement of labour market legislation by Secretary of State

(1) The Secretary of State has the function of enforcing the labour market legislation listed in Part 1 of Schedule 7 (but see also section 92).

(2) For the purposes of enabling the Secretary of State to perform that function, this Part confers powers on—

(a) the Secretary of State, and

(b) enforcement officers.

(3) In this Part “enforcement officer” means a person appointed by the Secretary of State under this section.

(4) The powers of an enforcement officer include power to exercise any of the Secretary of State’s enforcement functions, other than the function under subsection (1).

(5) Accordingly, in the case of the exercise by an enforcement officer of an enforcement function of the Secretary of State, any reference in an enactment to the Secretary of State in connection with that function is to be read as, or as including, a reference to that officer or any other enforcement officer.

(6) A person appointed under this section may exercise any powers of an enforcement officer to the extent specified in the appointment.

(7) Subsection (1) does not limit the Secretary of State’s powers under—

(a) section 116 (power to bring proceedings in employment tribunal), or

(b) section 117 (power to provide legal assistance).

(8) Nothing in this section authorises the Secretary of State to bring proceedings in Scotland for an offence.