From 7 April 2026, labour market enforcement officers in England and Wales will operate with Police and Criminal Evidence Act 1984 (PACE) powers. The Statutory Instrument was made on 16 March and laid before Parliament on 17 March, signed by Kate Dearden at the Department for Business and Trade, and published on legislation.gov.uk.

The 2017 framework for Labour Abuse Prevention Officers is revoked and replaced. The new regulations apply PACE to “enforcement officers” appointed under section 90 of the Employment Rights Act 2025, for investigations into “labour market offences” defined in that Act.

For employers, the most visible change is on‑site powers during a warranted search. If officers are lawfully on the premises under a PACE warrant, they may search people found on site where there are reasonable grounds to suspect concealed material relevant to a labour market offence. This is not a general street stop‑and‑search power; it only bites within a lawful premises search.

Safeguards reflect core PACE standards. Officers must explain the grounds and make a written record as soon as practicable; if the person is later delivered into police custody, that record becomes part of the custody record. Only an outer coat, jacket or gloves can be required to be removed; searches must be conducted by someone of the same sex, and a mouth search is permitted.

Entry, search and warrant mechanics (PACE sections 8, 9, 15 and 16) are available, including production orders for material and execution safeguards. Where PACE normally references a police inspector’s authority, the regulations align this to an enforcement officer of at least senior executive officer grade.

Seizure and access to material, including computerised information (PACE sections 19 to 21), also apply. Officers may seize or copy items reasonably believed to be evidence of, or obtained through, a labour market offence. Access or copying can be refused if disclosure would prejudice any investigation-not only a labour market case.

Retention rules are practical and broad: anything lawfully seized or passed to enforcement officers may be kept for as long as necessary in the circumstances. If a person is arrested and then handed to the police, items seized to prevent harm must be given to the police, after which standard custody rules govern retention and return.

Arrest powers are engaged under section 24 as modified. Officers may arrest without warrant in prescribed circumstances but must deliver the person into the custody of a constable as soon as practicable. Voluntary attendance can take place with an enforcement officer at an agreed location, including a police station. Charging and bail decisions rest with the police.

Where a suspect is in police detention, enforcement officers may apply for warrants of further detention (PACE sections 43 and 44). Courts must consider the timeliness and enquiries of both police and enforcement officers. Reasonable force may be used to exercise these powers within the limits of section 117.

Two operational footnotes matter. The powers can apply to offences suspected to have occurred before commencement. And there is a transitional tweak to section 21 on access and copying until a provision in the Policing and Crime Act 2017 is brought fully into force.

Consider a morning visit. Officers attend a depot with a warrant, explain the grounds and begin a targeted search. A supervisor hurriedly bagging documents may be searched by a same‑sex officer on reasonable suspicion that relevant material is concealed; a written record is created. Laptops are imaged; access to certain files may be deferred if disclosure would prejudice the wider case.

Preparation now reduces disruption later. Refresh the dawn‑raid plan and nominate an incident lead; brief managers on identification checks, same‑sex search rules and calm reception protocols; map where payroll, agency and rostering data live; implement a litigation‑hold process; and plan for staff devices used for work. Keep a precise log of timings, rooms entered, items copied or removed and who was present. The government notes no formal private‑sector impact assessment, but time on site, temporary IT loss and leadership bandwidth are real costs-an hour’s tabletop exercise before 7 April is likely the cheapest insurance.