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Employment Agencies Act 1973
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- 1973 c. 35
- Supplementary provisions
- Section 9
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- s. 9(1)(b) word inserted by 2008 c. 24 s. 16(2)(a)
- s. 9(1)(b)(ii) inserted by 2008 c. 24 s. 16(2)(b)
- s. 9(1)(d) and word repealed by 2008 c. 24 s. 16(3) Sch. Pt. 5
- s. 9(1A) words substituted by 2008 c. 24 s. 16(4)
- s. 9(1C) words substituted by 2008 c. 24 s. 16(7)
- s. 9(1AC) words substituted by 2012 c. 21 Sch. 18 para. 36
- s. 9(1AD)(1AE) inserted by 2008 c. 24 s. 16(6)
- s. 9(3) words substituted by 2008 c. 24 s. 16(8)(a)
- s. 9(3) words substituted by 2008 c. 24 s. 16(8)(b)
- s. 9(4) words inserted by 2008 c. 24 s. 18(2)(a)
- s. 9(4)(a) words repealed by 2008 c. 24 s. 16(9) Sch. Pt. 5
- s. 9(4)(a)(vi) and word inserted by S.I. 2009/2999 reg. 46
- s. 9(4)(v) and word inserted by 2008 c. 24 s. 18(2)(b)
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- Act excluded by 2004 c. 11 s. 27
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 9(1AA)-(1AC) inserted by 2008 c. 24 s. 16(5)
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Commencement Orders
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/2528 art. 2 commences (2000 c. 14)
- S.I. 2003/3357 art. 3 4 commences (1999 c. 26)
- S.I. 2005/3397 art. 2 commences (2000 c. 14)
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/2406 art. 2 commences (2004 c. 11)
- S.I. 2007/695 art. 2(d) commences (2004 c. 11)
- S.I. 2008/917 art. 2-5 commences (2007 c. 28)
- S.I. 2009/603 art. 2 commences (2008 c. 24)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
9 Inspection.E+W+S
(1)Any officer [F1duly authorised in that behalf by the Secretary of State] may at all reasonable times on producing, if so required, written evidence of his authority—
(a)enter any premises used or to be used for or in connection with the carrying on of an employment agency or employment business F2. . . and any other premises which the officer has reasonable cause to believe are used for or in connection with the carrying on of an employment agency or employment business; and
(b)inspect those premises and any records or other documents kept in pursuance of this Act or of any regulations made thereunder; 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 [F3Secretary of State] to exercise [F3his] functions under this Act.
(2)A person shall not be required under paragraph (c) of subsection (1) of this section to answer any question tending to incriminate himself or, in the case of a person who is married, his or her wife or husband.
(3)Any person who obstructs an officer in the exercise of his powers under paragraph (a) or (b) of subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F4level 3 on the standard scale]and any person who, without reasonable excuse, fails to comply with a requirement under paragraph (c) of that subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F4level 3 on the standard scale].
(4)(a) No information obtained in the course of exercising the powers conferred by subsection (1) of this section 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) . . . F5
[F6(ii)]to the Secretary of State, or an officer or servant appointed by, or person exercising functions on behalf of, the Secretary of State for the purposes of the exercise of their respective functions under this Act; or
[F7(iii)by the Secretary of State, or an officer or servant appointed by, or persons exercising functions on behalf of, the Secretary of State 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]
[F6(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 [F8proceedings under section 3A, 3C or 3D of this Act].
(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 [F4level 5 on the standard scale].
Annotations:
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Amendments (Textual)
F1Words substituted by Employment Protection Act 1975 (c. 71), Sch. 13 para. 6(1)
F2Words in s. 9(1)(a) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3
F3Words substituted by Employment Protection Act 1975 (c. 71), Sch. 13 para. 6(2)
F4Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F6Sub-para. renumbered by Employment Protection Act 1975 (c. 71), Sch. 13 para. 6(3)
F8Words 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
Modifications etc. (not altering text)
C1S. 9(4): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 8
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