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SCHEDULES

SCHEDULE 9E+W+SWork: exceptions

Part 1 E+W+SOccupational requirements

Employment servicesE+W+S

5(1)A person (A) does not contravene section 55(1) or (2) [F1or section 60A(1)] if A shows that A's treatment of another person relates only to work the offer of which could be refused to that other person in reliance on paragraph 1, 2, 3 or 4.E+W+S

(2)A person (A) does not contravene section 55(1) or (2) [F2or section 60A(1)] if A shows that A's treatment of another person relates only to training for work of a description mentioned in sub-paragraph (1).

(3)A person (A) does not contravene section 55(1) or (2) [F3or section 60A(1)] if A shows that—

(a)A acted in reliance on a statement made to A by a person with the power to offer the work in question to the effect that, by virtue of sub-paragraph (1) or (2), A's action would be lawful, and

(b)it was reasonable for A to rely on the statement.

(4)A person commits an offence by knowingly or recklessly making a statement such as is mentioned in sub-paragraph (3)(a) which in a material respect is false or misleading.

(5)A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.