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Employment Act 2008

Employment agencies

Section 15: Offences: mode of trial and penalties

83.Currently all offences under EAA 1973 are summary only offences and therefore triable only in the magistrates’ court. Section 15 provides that certain offences committed under EAA 1973 shall be triable either on indictment in the Crown Court or summarily by the magistrates’ court. The effect of this section is to increase the penalty available to the court where the offence results in conviction on indictment. Where the offences are tried in the Crown Court there is no limit on the fine that can be imposed.

84.This section also amends the maximum fine that can be imposed by a magistrates’ court on conviction from a fine not exceeding level 5 on the standard scale to a fine not exceeding “the statutory maximum”. At present, the statutory maximum fine is £5,000 in England and Wales and from 10 December 2007 it was increased to £10,000 for offences tried in Scotland.

85.The offences that will become triable either way under this section are:

  • failure to comply with a prohibition order under section 3B of EAA 1973;

  • contravention of or failure to comply with any regulations made under EAA 1973. Currently the regulations made under EAA 1973 are contained in the Conduct of Employment Agencies and Employment Businesses Regulations 2003(8); as amended by the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007(9); and

  • requesting or receiving (either directly or indirectly) a fee for providing work-finding services under section 6 of EAA 1973 (except where this is permitted under Conduct of Employment Agencies and Employment Businesses Regulations 2003 as amended).

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