From 7 April 2026, labour market enforcement officers will exercise a defined suite of powers under the Police and Criminal Evidence Act 1984 (PACE) in England and Wales. The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (SI 2026/303) were made on 16 March 2026, laid before Parliament on 17 March, and revoke the 2017 instrument for Labour Abuse Prevention Officers. The Regulations were signed by Kate Dearden, Parliamentary Under-Secretary of State at the Department for Business and Trade.
The Regulations clarify scope and definitions. ‘Enforcement officer’ refers to officers appointed by the Secretary of State under section 90 of the Employment Rights Act 2025, and ‘labour market offence’ takes its meaning from Part 5 of that Act via section 114B(11) of PACE. The instrument extends to England and Wales only.
The applied PACE provisions are targeted to investigations of labour market offences and operate with modifications to reflect that enforcement officers are not police officers. Powers cover stop and search and search records (sections 1–3), warrants and special procedure material (sections 8, 9 and Schedule 1, together with sections 15 and 16), entry for arrest and searches after arrest (sections 17 and 18), seizure, computerised information, access/copying and retention (sections 19–22), arrest and custody processes (sections 24, 28–32), warrants of further detention (sections 43–44), the confession safeguard in section 77, reasonable force in section 117, and relevant interpretation provisions.
Searches of persons are tightly framed. Where premises are being searched under a warrant obtained under section 8 or Schedule 1, an enforcement officer may search a person found on the premises if there are reasonable grounds to suspect the person has concealed material that might be evidence of a labour market offence. The power excludes vehicles, permits a search of the mouth, and does not authorise removal of clothing beyond an outer coat, jacket or gloves. A person may only be searched by someone of the same sex, and officers must explain the grounds for the search.
Record‑keeping duties under section 3 are adapted. A search record must be made as soon as practicable. Where the search results in arrest and the person is delivered into police custody and taken to a police station, the enforcement officer must provide the record to the custody officer, who will place it on the custody record.
Applications for and execution of warrants and production orders reflect the PACE model with seniority translated into civil service grades. Where PACE requires authorisation by a police officer of at least inspector rank, the equivalent threshold is an enforcement officer of at least senior executive officer grade. Execution requirements, including identification and presentation of the warrant, continue to apply.
Entry powers for the purpose of arrest and post‑arrest searches are applied to labour market investigations. Section 17 is read in relation to criminal proceedings connected to a labour market offence, and section 18 allows searches of premises occupied or controlled by a person under arrest for such offences. Records of these searches must be provided to the custody officer when the individual is handed over.
Seizure and retention powers include computerised information. Access and copying under section 21 may be refused where disclosure would prejudice the investigation of any offence, not only a labour market offence. Section 22 is modified so that items seized or taken away by, or passed to, an enforcement officer may be retained for as long as necessary in all the circumstances. Where items were taken from a person on arrest on safety or evidential grounds, they must be given to the police once the arrested person is delivered into police custody; subsequent retention follows PACE.
Arrest powers are applied with clear custody safeguards. An enforcement officer may arrest without warrant under section 24 where the statutory necessity criteria are met. If the arrest occurs elsewhere than at a police station, the person must be delivered into the custody of a constable as soon as practicable. Section 28 duties to inform the arrested person of the grounds apply. Voluntary attendance is reframed so that a person may attend to be interviewed in the presence of an enforcement officer at any suitable place, including a police station.
Further detention remains for the police to manage. Enforcement officers may apply for warrants of further detention and their extension in relation to labour market offences; courts must consider whether it would have been reasonable for the police or an enforcement officer to have applied earlier and what inquiries each has made.
Reasonable force may be used where necessary in exercising applied powers under section 117. On confessions, section 77 is modified so that an enforcement officer is not regarded as an ‘independent person’ for the purposes of considering the reliability of a confession by a vulnerable suspect.
The instrument includes transitional and interpretive provisions. Until section 20(2) of the Policing and Crime Act 2017 commences, references to section 21 are to be read without the subsection range. Relevant PACE interpretation provisions (including sections 10–14, 23, 82 and 118) apply to the extent needed to give effect to the powers. No impact assessment has been produced, with the Department indicating no impact on the private or voluntary sectors.
Practically, this consolidates powers for the reconfigured labour market enforcement system created by the Employment Rights Act 2025. Employers and labour providers should plan for visits where PACE‑based safeguards and obligations-clear grounds, officer identification and prompt records-apply directly to enforcement officers. The near‑term task is to refresh on‑site warrant protocols and interview procedures, confirm escalation to legal advisers, and brief staff ahead of commencement on 7 April.