xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

E+W+S

Employment Agencies Act 1973

1973 CHAPTER 35

An Act to regulate employment agencies and businesses; and for connected purposes.

[18th July 1973][18th July 1973]

Annotations:

Modifications etc. (not altering text)

C1Act excluded by S.I. 1979/1741

C2Act excluded (1.10.2006 for specified purposes, 6.4.2007 for specified purposes) by Gangmasters (Licensing) Act 2004 (c. 11), ss. 27, 29(1); S.I. 2006/2406, art. 2(f); S.I. 2007/695, art. 2(d)

LicencesE+W+S

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

[F4Prohibition orders]E+W+S

Annotations:

Amendments (Textual)

F4Crossheading inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3

F53A[ Power to make orders.]E+W+S

(1)On application by the Secretary of State, an [F6employment tribunal] may by order prohibit a person from carrying on, or being concerned with the carrying on of—

(a)any employment agency or employment business; or

(b)any specified description of employment agency or employment business.

(2)An order under subsection (1) of this section (in this Act referred to as “a prohibition order”) may either prohibit a person from engaging in an activity altogether or prohibit him from doing so otherwise than in accordance with specified conditions.

(3)A prohibition order shall be made for a period beginning with the date of the order and ending—

(a)on a specified date, or

(b)on the happening of a specified event,

in either case, not more than ten years later.

(4)Subject to subsections (5) and (6) of this section, an [F6employment tribunal] shall not make a prohibition order in relation to any person unless it is satisfied that he is, on account of his misconduct or for any other sufficient reason, unsuitable to do what the order prohibits.

(5)An [F6employment tribunal] may make a prohibition order in relation to a body corporate if it is satisfied that—

(a)any director, secretary, manager or similar officer of the body corporate,

(b)any person who performs on behalf of the body corporate the functions of a director, secretary, manager or similar officer, or

(c)any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act,

is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.

(6)An [F6employment tribunal] may make a prohibition order in relation to a partnership if it is satisfied that any member of the partnership, or any manager employed by the partnership, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.

(7)For the purposes of subsection (4) of this section, where an employment agency or employment business has been improperly conducted, each person who was carrying on, or concerned with the carrying on of, the agency or business at the time, shall be deemed to have been responsible for what happened unless he can show that it happened without his connivance or consent and was not attributable to any neglect on his part.

(8)A person shall not be deemed to fall within subsection (5)(c) of this section by reason only that the directors act on advice given by him in a professional capacity.

(9)In this section—

Annotations:

Amendments (Textual)

F6Words in s. 3A(1)(4)-(6) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch. 1

F73B Enforcement.E+W+S

Any person who, without reasonable excuse, fails to comply with a prohibition order shall be guilty of an offence and liable [F8

(a)on conviction on indictment, to a fine;

(b)on summary conviction, to a fine not exceeding the statutory maximum.]

Annotations:

Amendments (Textual)

F8Words in s. 3B substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e)

F93C Variation and revocation of orders.E+W+S

(1)On application by the person to whom a prohibition order applies, an [F10employment tribunal] may vary or revoke the order if the tribunal is satisfied that there has been a material change of circumstances since the order was last considered.

(2)An [F10employment tribunal] may not, on an application under this section, so vary a prohibition order as to make it more restrictive.

(3)The Secretary of State shall be a party to any proceedings before an [F10employment tribunal] with respect to an application under this section, and be entitled to appear and be heard accordingly.

(4)When making a prohibition order or disposing of an application under this section, an [F10employment tribunal] may, with a view to preventing the making of vexatious or frivolous applications, by order prohibit the making of an application, or further application, under this section in relation to the prohibition order before such date as the tribunal may specify in the order under this subsection.

Annotations:

Amendments (Textual)

F10Words in s. 3C substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch.

F113D Appeals.E+W+S

(1)An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an [F12employment tribunal] under section 3A or 3C of this Act.

(2)No other appeal shall lie from a decision of an [F12employment tribunal] under section 3A or 3C of this Act; and section 11 of the Tribunals and Inquiries M1Act 1992 (appeals from certain tribunals to High Court or Court of Session) shall not apply to proceedings before an [F12employment tribunal] under section 3A or 3C of this Act.

Annotations:

Amendments (Textual)

F12Words in s. 3D substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch. 1

Marginal Citations

Conduct of employment agencies and employment businessesE+W+S

5 General regulations.E+W+S

(1)The Secretary of State may make regulations to secure the proper conduct of employment agencies and employment businesses and to protect the interests of persons availing themselves of the services of such agencies and businesses, and such regulations may in particular make provision—

(a)requiring persons carrying on such agencies and businesses to keep records;

(b)prescribing the form of such records and the entries to be made in them;

(c)prescribing qualifications appropriate for persons carrying on such agencies and businesses;

(d)regulating advertising by persons carrying on such agencies and businesses;

(e)safeguarding clients’ money deposited with or otherwise received by persons carrying on such agencies and businesses;

[F13(ea)restricting the services which may be provided by persons carrying on such agencies and businesses;

(eb)regulating the way in which and the terms on which services may be provided by persons carrying on such agencies and businesses;

(ec)restricting or regulating the charging of fees by persons carrying on such agencies and businesses.]

[F14(1A)A reference in subsection (1)(ea) to (ec) of this section to services includes a reference to services in respect of—

(a)persons seeking employment outside the United Kingdom;

(b)persons normally resident outside the United Kingdom seeking employment in the United Kingdom.]

(2)Any person who contravenes or fails to comply with any regulation made under this section shall be guilty of an offence and liable[F15

(a)on conviction on indictment, to a fine;

(b)on summary conviction, to a fine not exceeding the statutory maximum.]

Annotations:

Amendments (Textual)

F13S. 5(1)(ea)(eb)(ec) substituted (25.10.1999) for s. 5(f)(g) and the proviso by 1999 c. 26, s. 31, Sch. 7 paras. 1, 2(2); S.I. 1999/2830, art. 2, Sch. 1 Pt. I

F15Words in s. 5(2) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e)

6 Restriction on charging persons seeking employment, etc.E+W+S

[F16(1)Except in such cases or classes of case as the Secretary of State may prescribe—

(a)a person carrying on an employment agency shall not request or directly or indirectly receive any fee from any person for providing services (whether by the provision of information or otherwise) for the purpose of finding him employment or seeking to find him employment;

(b)a person carrying on an employment business shall not request or directly or indirectly receive any fee from an employee for providing services (whether by the provision of information or otherwise) for the purpose of finding or seeking to find another person, with a view to the employee acting for and under the control of that other person;

(c)a person carrying on an employment business shall not request or directly or indirectly receive any fee from a second person for providing services (whether by the provision of information or otherwise) for the purpose of finding or seeking to find a third person, with a view to the second person becoming employed by the first person and acting for and under the control of the third person.]

(2)Any person who contravenes this section shall be guilty of an offence and liable [F17

(a)on conviction on indictment, to a fine;

(b)on summary conviction, to a fine not exceeding the statutory maximum.]

Annotations:

Amendments (Textual)

F17Words in s. 6(2) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e)

F187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F18S. 7 repealed (3.1.1995) by 1994 c. 40, s 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

Supplementary provisionsE+W+S

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W+S

Annotations:

Amendments (Textual)

[F208AAppointment of officersE+W+S

(1)The Secretary of State may—

(a)appoint officers to act for the purposes of this Act, and

(b)instead of or in addition to appointing any officers under this section, arrange with any relevant authority for officers of that authority to act for those purposes.

(2)The following are relevant authorities—

(a)any Minister of the Crown or government department;

(b)any body performing functions on behalf of the Crown;

(c)the Gangmasters and Labour Abuse Authority.]

Annotations:

Amendments (Textual)

9 Inspection.E+W+S

[F21(A1)This section does not apply to an officer acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).]

(1)Any officer [F22acting for the purposes of this Act] may at all reasonable times on producing, if so required, written evidence of his authority—

[F23(a)enter any relevant business premises;]

(b)inspect those premises and

[F24(i)]any records or other documents kept in pursuance of this Act or of any regulations made thereunder;

[F25(ii)any financial records or other financial documents not falling within paragraph (i) which he may reasonably require to inspect for the purpose of ascertaining whether the provisions of this Act and of any regulations made thereunder are being complied with or of enabling the Secretary of State to exercise his functions under this Act;]and

(c)subject to subsection (2) of this section, require any person on those premises to furnish him with such information as he may reasonably require for the purpose of ascertaining whether the provisions of this Act and of any regulations made thereunder are being complied with or of enabling the [F26Secretary of State] to exercise [F26his] functions under this Act[F27; F28...

F28( d )] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29(1A)If an officer seeks to inspect or acquire, in accordance with subsection (1)(b) or (c), a record or other document or information which is not kept at the premises being inspected, [F30the officer may by notice in writing require the person carrying on the employment agency or employment business to furnish him with the record or other document or information at such time and place as he may specify.]

[F31(1AA)Where a person carrying on an employment agency or employment business fails to comply with subsection (1A) in relation to any record or other document or information and the officer has reasonable cause to believe that the record or other document or information is kept by—

(a)a person concerned with the carrying on of the employment agency or employment business, or

(b)a person formerly so concerned,

the officer may by notice in writing require that person to furnish him with the record or other document or information at such time and place as he may specify.

(1AB)Where a person carrying on an employment agency or employment business fails to comply with subsection (1A) in relation to any financial record or other financial document which is kept by a bank, the officer may by notice in writing require the bank to furnish the record or other document to him at such time and place as he may specify.

(1AC) In subsection (1AB), “ bank ” means a person who has permission under [F32Part 4A] of the Financial Services and Markets Act 2000 to accept deposits. ]

[F33(1AD)An officer may take copies of any record or other document inspected by or furnished to him under this section.

(1AE)An officer may, for the purposes of subsection (1AD), remove a record or other document from the premises where it is inspected by or furnished to him; but he must return it as soon as reasonably practicable.]

(1B) In subsection (1) “ relevant business premises ” means premises—

(a)which are used, have been used or are to be used for or in connection with the carrying on of an employment agency or employment business,

(b)which the officer has reasonable cause to believe are used or have been used for or in connection with the carrying on of an employment agency or employment business, or

(c)which the officer has reasonable cause to believe are used for the carrying on of a business by a person who also carries on or has carried on an employment agency or employment business, if the officer also has reasonable cause to believe that records or other documents which relate to the employment agency or employment business are kept there.

(1C)For the purposes of [F34this section]

(a)document ” includes information recorded in any form, and

(b)information is kept at premises if it is accessible from them.]

[F35(2)Nothing in this section shall require a person to produce, provide access to or make arrangements for the production of anything which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session.

(2A)Subject to subsection (2B), a statement made by a person in compliance with a requirement under this section may be used in evidence against him in criminal proceedings.

(2B) Except in proceedings for an offence under section 5 of the M2 Perjury Act 1911 (false statements made otherwise than on oath), no evidence relating to the statement may be adduced, and no question relating to it may be asked, by or on behalf of the prosecution unless—

(a)evidence relating to it is adduced, or

(b)a question relating to it is asked,

by or on behalf of the person who made the statement.]

(3)Any person who obstructs an officer in the exercise of his powers under [F36subsection (1)(a) or (b), (1AD) or (1AE)] shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F37level 3 on the standard scale]and any person who, without reasonable excuse, fails to comply with a requirement under[F38subsection (1)(c), (1A), (1AA) or (1AB)] shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F37level 3 on the standard scale].

(4)(a)[F39No information to which this subsection applies shall be disclosed except—]

(i)with the consent of the person by whom the information was furnished or, where the information was furnished on behalf of another person, with the consent of that other person or with the consent of the person carrying on or proposing to carry on the employment agency or employment business concerned; or

(ii), (iii) . . . F40

[F41(ii)]to the Secretary of State, or an officer [F42acting for the purposes of this Act,] for the purposes of the exercise of their respective functions under this Act; or

[F43(iii)by the Secretary of State, or an officer [F44acting for the purposes of this Act,] to the person carrying on or proposing to carry on the employment agency or employment business concerned, to any person in his employment or, in the case of information relating to a person availing himself of the services of such an agency or business, to that person; or]

[F41(iv)]with a view to the institution of, or otherwise for the purposes of, any criminal proceedings pursuant to or arising out of this Act or for the purposes of any [F45proceedings under section 3A, 3C or 3D of this Act]. [F46or

(v)to an officer acting for the purposes of the National Minimum Wage Act 1998 for any purpose relating to that Act][F47; or

(vi) to an authority in another EEA state pursuant to Part 9 of the Provision of Services Regulations 2009 ][F48; or

(vii)to an officer acting by virtue of section 26 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); or

(viii)to an officer acting for the purposes of Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 for any purpose relating to that Part; or

(ix)to the Pensions Regulator for the purposes of the exercise of any function of the Regulator; or

(x)to the Care Quality Commission for the purposes of the exercise of any function of the Commission.]

(b)Any person who contravenes paragraph (a) of this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F37level 5 on the standard scale].

[F49(5)Subsection (4) applies to—

(a)information obtained in the course of exercising the powers conferred by this section,

(b)information obtained pursuant to section 15(5A) of the National Minimum Wage Act 1998, and

(c)information obtained in the course of exercising powers by virtue of section 26(1) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).]

Annotations:

Amendments (Textual)

F22Words in s. 9(1) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 3(3); S.I. 2016/603, reg. 3(t)

F24Word in s. 9(1)(b) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(2)(a), 22(1)(e)

F25S. 9(1)(b)(ii) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(2)(b), 22(1)(e)

F28S. 9(1)(d) repealed (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(3), 22(1)(e), Sch. Pt. 5

F30Words in s. 9(1A) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(4), 22(1)(e)

F31S. 9(1AA)-(1AC) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(5), 22(1)(e)

F32Words in s. 9(1AC) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 36 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F33S. 9(1AD)(1AE) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(6), 22(1)(e)

F34Words in s. 9(1C) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(7), 22(1)(e)

F35S. 9(2)-(2B) substituted for s. 9(2) (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 4(4); S.I. 2003/3357, art. 3

F36Words in s. 9(3) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(8)(a), 22(1)(e)

F38Words in s. 9(3) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(8)(b), 22(1)(e)

F39Words in s. 9(4)(a) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 4(2)(a); S.I. 2016/603, reg. 3(u)

F40S. 9(4)(a)(ii)(iii) repealed by Employment Protection Act 1975 (c. 71), Sch. 18

F42Words in s. 9(4)(a)(ii) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 3(4); S.I. 2016/603, reg. 3(t)

F44Words in s. 9(4)(a)(iii) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 3(4); S.I. 2016/603, reg. 3(t)

F45Words in s. 9(4)(a)(iv) substituted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(4); S.I. 1994/3188, arts. 2, 3

F46S. 9(4)(v) and word inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 18(2)(b), 22(1)(f); S.I. 2009/603, art. 2 (with art. 3 Sch.)

F47S. 9(4)(a)(vi) and word inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 46 (with regs. 2, 5)

Modifications etc. (not altering text)

C3S. 9(4): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 8

Marginal Citations

10 Fraudulent applications and entries.E+W+S

F50(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any person who makes or causes to be made or knowingly allows to be made any entry in a record or other document required to be kept in pursuance of this Act or of any regulations made thereunder which he knows to be false in a material particular shall be guilty of an offence.

(3)Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding [F51level 5 on the standard scale].

Annotations:

Amendments (Textual)

F50S. 10(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

11 Offences by bodies corporate.E+W+S

[F52(1)]Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

[F53(2)Where an offence under this Act committed by a partnership in Scotland is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner or a person purporting to act as a partner, he, as well as the partnership, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.]

Annotations:

Amendments (Textual)

F52S. 11(1): s. 11 renumbered as s. 11(1) (6.4.2009) by Employment Act 2008 (c. 24), ss. 17(a), 22(1)(e)

F53S. 11(2) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 17(b), 22(1)(e)

[F5411A Offences: extension of time limit.E+W+S

(1) For the purposes of subsection (2) of this section a relevant offence is an offence under section F55 ... 9(4)(b) or 10(2) of this Act for which proceedings are instituted by the Secretary of State.

(2) Notwithstanding section 127(1) of the M3 Magistrates’ Courts Act 1980 (information to be laid within 6 months of offence) an information relating to a relevant offence which is triable by a magistrates’ court in England and Wales may be so tried if it is laid at any time—

(a)within 3 years after the date of the commission of the offence, and

(b)within 6 months after the date on which evidence sufficient in the opinion of the Secretary of State to justify the proceedings came to his knowledge.

(3) Notwithstanding section 136 of the M4 Criminal Procedure (Scotland) Act 1995 (time limit for prosecuting certain statutory offences) in Scotland proceedings in respect of an offence under section F56 ... 9(4)(b) or 10(2) of this Act may be commenced at any time—

(a)within 3 years after the date of the commission of the offence, and

(b)within 6 months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings came to his knowledge.

(4)For the purposes of this section a certificate of the Secretary of State or Lord Advocate (as the case may be) as to the date on which evidence came to his knowledge is conclusive evidence.]

Annotations:

Amendments (Textual)

F54S. 11A inserted (25.10.1999) by 1999 c. 26, s. 31, Sch. 7 paras. 1, 5; S.I. 1999/2830, art. 2, Sch. 1 Pt. I

F55Words in s. 11A(1) repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(e), Sch. Pt. 5

F56Words in s. 11A(3) repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(e), Sch. Pt. 5

Marginal Citations

F5711B Offences: cost of investigation.E+W+S

The court in which a person is convicted of an offence under this Act may order him to pay to the Secretary of State a sum which appears to the court not to exceed the costs of the investigation which resulted in the conviction.

Annotations:

Amendments (Textual)

12 Regulations and orders.E+W+S

(1)Subject to the next following subsection, the Secretary of State shall have power to make regulations for prescribing anything which under this Act is to be prescribed.

(2)The Secretary of State shall not make any regulations under this Act except after consultation with such bodies as appear to him to be representative of the interests concerned.

(3)Regulations under this Act may make different provision in relation to different cases or classes of case.

(4)The power of the Secretary of State to make regulations and orders under this Act shall be exercisable by statutory instrument.

[F58(5)Regulations under section 5(1) or 6(1) of this Act shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.

(6)Regulations under section 13(7)(i) of this Act or an order under section 14(3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Annotations:

Amendments (Textual)

F58S. 12(5)(6) substituted (25.10.1999) for s. 12(5) by 1999 c. 26, ss. 31, 45(1), Sch. 7 paras. 1, 6; S.I. 1999/2830, art. 2, Sch. 1 Pt. I

13 Interpretation.E+W

(1)In this Act—

(2)For the purposes of this Act “employment agency” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of providing services (whether by the provision of information or otherwise) for the purpose of finding [F67persons] employment with employers or of supplying employers with [F67persons] for employment by them.

(3)For the purposes of this Act “employment business” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity.

(4)The reference in subsection (2) of this section to providing services does not include a reference—

(a)to publishing a newspaper or other publication unless it is published wholly or mainly for the purpose mentioned in that subsection;

(b)to the display by any person of advertisements on premises occupied by him otherwise than for the said purpose; F68 . . . [F69or

(c)to providing a programme service (within the meaning of the Broadcasting Act 1990).]

(5)For the purposes of section 269 of the M5Local Government Act 1972, this Act shall be deemed to have been passed after 1st April 1974.

(6)In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment.

(7)This Act does not apply to—

(a)any business which is carried on exclusively for the purpose of obtaining employment for—

(i)persons formerly members of Her Majesty’s naval, military or air forces; or

(ii)persons released from a [F70custodial sentence passed by a criminal court in the United Kingdom, the Channel Islands or the Isle of Man;]

F71...

F71(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F72(ca)an early years childminder agency or a later years childminder agency (as defined in section 98 of the Childcare Act 2006);]

(d)services which are ancillary to the letting upon hire of any aircraft, vessel, vehicle, plant or equipment;

F73(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the exercise by a local authority F74...F75...[F76, F77... or a joint authority established by Part IV of the Local Government Act 1985]of any of their functions;

[F78(fza)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F80(fzb)the exercise by an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 of any of its functions;

(fzc)the exercise by a combined authority established under section 103 of that Act of any of its functions;

[F81(fa)the exercise by a police and crime commissioner of any of the commissioner's functions;

(fb)the exercise by the Mayor's Office for Policing and Crime of any of that Office's functions;

(fc)the exercise by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011 of any of the chief constable's functions;

(fd)the exercise by the Commissioner of Police of the Metropolis of any of the Commissioner's functions;]

[F82(ff)the exercise by the Broads Authority of any of its functions;]

F83 [(fg)the exercise by a National Park authority of any of its functions;]

[F84(fh)[F85the exercise by the London Fire and Emergency Planning Authority of any of its functions;]

[F85(fh)the exercise by the London Fire Commissioner of any of the Commissioner's functions;]]

[F86(fi)the exercise by a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 of any of its functions;]

(g)services provided by any organisation of employers or organisation of workers for its members;

[F87(ga)services provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973;]

(h)services provided by an appointments board or service controlled by—

(i)one or more universities;

(ii) a central institution as defined in section 145 of the M6 Education (Scotland) Act 1962 or a college of education as defined in the said section 145;

[F88(i)any prescribed business or service, or prescribed class of business or service or business or service carried on or provided by prescribed persons or classes of person.]

[F89Provided that paragraph (b) of this subsection shall not be taken as exempting from the provisions of this Act any other business carried on in conjunction with an agency for the supply of nurses.]

(8)Subsection (7)(c) of this section shall have effect in its application to Scotland as if at the end there were added the words “or mainly or substantially supported by voluntary subscriptions and providing patients with the services of a nurse whether or not the nurse takes up residence in the patient’s house”.]

Annotations:

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Amendments (Textual)

F59Definitions in s. 13(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F62Words repealed by Local Government Act 1985 (c. 51, SIF 81:1),s. 102, Sch. 17

F65Words in s. 13(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 90; S.I. 1996/323, art. 4(1)(c)

F66Definition in s. 13(1) inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(5); S.I. 1994/3188, arts. 2, 3

F69Word “or” and s. 13(4)(c) substituted for s.13(4)(c)(d) by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 18

F71S. 13(7)(b)(c) and proviso repealed (1.4.2003 for E. and 2.10.2003 for W.) by Care Standards Act 2000 (c. 14), ss. 111(2), 117(2), 122, Sch. 6; S.I. 2001/3852, art. 3(8)(b)(c) (subject to transitional provisions in Sch. 1) (which commencing S.I. is amended by: S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2); S.I. 2003/2528, art. 2(b)(c)

F72S. 13(7)(ca) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 64; S.I. 2014/889, art. 3(m)

F73S. 13(7)(e) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F79S. 13(7)(fza) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(8); S.I. 2015/994, art. 6(g)

F81 S. 13(7)(fa)-(fd) substituted for s. 13(7)(fa) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13) , s. 157(1) , Sch. 16 para. 118(b) ; S.I. 2011/3019 , art. 3 , Sch. 1 (with Sch. 2 para. 38 )

F83S. 13(7)(fg) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 11 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F85S. 13(7)(fh) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 48

F86S. 13(7)(fi) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 33; S.I. 2017/399, reg. 2, Sch. para. 38

F87S. 13(7)(ga) inserted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 4; S.I. 1993/2503, art. 2(3), Sch. 3

F88S. 13(7)(i) substituted (25.10.1999) by 1999 c. 26, s. 31, Sch. 7 paras. 1, 8; S.I. 1999/2850, art. 2(1), Sch. 1 Pt. I

F89S. 13(7)(b)(c) and proviso repealed (1.4.2003 for E.) by 2000 c. 14, ss. 111(2), 117(2), 122, Sch. 6; S.I. 2001/3852, art. 3(8)(b)(c) (subject to transitional provisions in Sch. 1) (which commencing S.I. is amended by: S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2)

Modifications etc. (not altering text)

C4S. 13(7)(f) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(j)

C5S. 13(7)(f) amended by Local Government Act 1985 (c. 51, SIF 81:1), 57(7), Sch. 13 para. 13(e)

C6S. 13(7)(f) extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(g)

C7S. 13(7)(f) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2), Sch. 13 para. 20(d) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Marginal Citations

13 Interpretation.S

(1)In this Act—

(2)For the purposes of this Act “employment agency” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of providing services (whether by the provision of information or otherwise) for the purpose of finding [F67persons] employment with employers or of supplying employers with [F67persons] for employment by them.

(3)For the purposes of this Act “employment business” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity.

(4)The reference in subsection (2) of this section to providing services does not include a reference—

(a)to publishing a newspaper or other publication unless it is published wholly or mainly for the purpose mentioned in that subsection;

(b)to the display by any person of advertisements on premises occupied by him otherwise than for the said purpose;F99 . . . [F100or

(c)to providing a programme service (within the meaning of the Broadcasting Act 1990).]

(5)For the purposes of section 269 of the M7Local Government Act 1972, this Act shall be deemed to have been passed after 1st April 1974.

(6)In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment.

(7)This Act does not apply to—

(a)any business which is carried on exclusively for the purpose of obtaining employment for—

(i)persons formerly members of Her Majesty’s naval, military or air forces; or

(ii)persons released from a prison, Borstal institution, detention centre or young offenders’ institution

F71...

F71(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F72(ca)an early years childminder agency or a later years childminder agency (as defined in section 98 of the Childcare Act 2006);]

(d)services which are ancillary to the letting upon hire of any aircraft, vessel, vehicle, plant or equipment;

F101(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the exercise by a local authority F74... F75...[F102, F103...or a joint authority established by Part IV of the Local Government Act 1985] of any of their functions;

F79[F78(fza)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F80(fzb)the exercise by an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 of any of its functions;

(fzc)the exercise by a combined authority established under section 103 of that Act of any of its functions;]

[F81(fa)the exercise by a police and crime commissioner of any of the commissioner's functions;

(fb)the exercise by the Mayor's Office for Policing and Crime of any of that Office's functions;

(fc)the exercise by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011 of any of the chief constable's functions;

(fd)the exercise by the Commissioner of Police of the Metropolis of any of the Commissioner's functions;]

[F104(fh)[F85the exercise by the London Fire and Emergency Planning Authority of any of its functions;]

[F85(fh)the exercise by the London Fire Commissioner of any of the Commissioner's functions;]]

[F86(fi)the exercise by a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 of any of its functions;]

(g)services provided by any organisation of employers or organisation of workers for its members;

[F105(ga)services provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973;]

(h)services provided by an appointments board or service controlled by—

(i)one or more universities;

(ii)a central institution as defined in section 145 of the M8Education (Scotland) Act 1962 or a college of education as defined in the said section 145;

[F106(i)any prescribed business or service, or prescribed class of business or service or business or service carried on or provided by prescribed persons or classes of person.]

Provided that paragraph (b) of this subsection shall not be taken as exempting from the provisions of this Act any other business carried on in conjunction with an agency for the supply of nurses.

(8)Subsection (7)(c) of this section shall have effect in its application to Scotland as if at the end there were added the words “or mainly or substantially supported by voluntary subscriptions and providing patients with the services of a nurse whether or not the nurse takes up residence in the patient’s house”.

Annotations:

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Amendments (Textual)

F71S. 13(7)(b)(c) and proviso repealed (1.4.2003 for E. and 2.10.2003 for W.) by Care Standards Act 2000 (c. 14), ss. 111(2), 117(2), 122, Sch. 6; S.I. 2001/3852, art. 3(8)(b)(c) (subject to transitional provisions in Sch. 1) (which commencing S.I. is amended by: S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2); S.I. 2003/2528, art. 2(b)(c)

F72S. 13(7)(ca) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 64; S.I. 2014/889, art. 3(m)

F79S. 13(7)(fza) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(8); S.I. 2015/994, art. 6(g)

F81 S. 13(7)(fa)-(fd) substituted for s. 13(7)(fa) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13) , s. 157(1) , Sch. 16 para. 118(b) ; S.I. 2011/3019 , art. 3 , Sch. 1 (with Sch. 2 para. 38 )

F85S. 13(7)(fh) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 48

F86S. 13(7)(fi) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 33; S.I. 2017/399, reg. 2, Sch. para. 38

F91Definitions in s. 13(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F94Words repealed by Local Government Act 1985 (c. 51, SIF 81:1),s. 102, Sch. 17

F97Words in s. 13(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 90; S.I. 1996/323, art. 4(1)(c)

F98Definition in s. 13(1) inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(5); S.I. 1994/3188, arts. 2, 3

F100Word “or” and s. 13(4)(c) substituted for s.13(4)(c)(d) by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 18

F101S. 13(7)(e) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F103Words in s. 13(7)(f) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), s. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F104It is provided that s. 13(7)(fh) is inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 22 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F105S. 13(7)(ga) inserted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 4; S.I. 1993/2503, art. 2(3), Sch. 3

F106S. 13(7)(i) substituted (25.10.1999) by 1999 c. 26, s. 31, Sch. 7 paras. 1, 8; S.I. 1999/2850, art. 2(1), Sch. 1 Pt. I

Modifications etc. (not altering text)

C8S. 13(7)(f) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(j)

C9S. 13(7)(f) amended by Local Government Act 1985 (c. 51, SIF 81:1), 57(7), Sch. 13 para. 13(e)

C10S. 13(7)(f) extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(g)

Marginal Citations

[F9014 Short title, repeals, commencement and extent.E+W+S

(1)This Act may be cited as the Employment Agencies Act 1973.

X1( 2 )The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third colum of that Schedule.

(3)The Secretary of State may, after consultation with such bodies as appear to him to be concerned, by order repeal any provision of any local Act, being a provision which is not specified in Part II of the said Schedule and which appears to him to be unnecessary having regard to the provisions of this Act, or to be inconsistent with the provisions of this Act, and may by that order make such amendments of that or any other local Act as appear to him to be necessary in consequence of the repeal and such transitional provision as appears to him to be necessary or expedient in connection with the matter.

( 4 )This Act shall come into force on such date as the Secretary of State may by order appoint, and different dates may be appointed for different provisions and for different purposes.

(5)This Act does not extend to Northern Ireland.]

Annotations:

Editorial Information

X1The text of s. 14(2) and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Subordinate Legislation Made

P1Power of appointment conferred by s. 14(4) exercised by S.I. 1976/709

Amendments (Textual)

F90S. 13(7)(fa) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 37 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

SCHEDULEE+W+SREPEALS

PART IE+W+S

PUBLIC GENERAL ACTS
ChapterShort TitleExtent of Repeal
7 Edw. 7.c. 53.The Public Health Acts Amendment Act 1907.Section 85.

PART IIE+W+S