Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005
PART IGENERAL AND INTERPRETATION
1Citation and commencement
2Interpretation
3The meaning of “connected”
4Transitional and Saving Provisions and Revocation
PART IIGENERAL OBLIGATIONS
5Restriction on requiring work-seekers to use additional services
6Restriction on detrimental action relating to work-seekers working elsewhere
7Restriction on providing work-seekers in industrial disputes
8Restriction on paying work-seekers' remuneration
9Restriction on agencies and employment businesses purporting to act on a different basis
10Restriction on charges to hirers
11Entering into a contract on behalf of a client
12Prohibition on employment businesses withholding payment to work-seekers on certain grounds
PART IIIREQUIREMENTS TO BE SATISFIED BEFORE SERVICES ARE PROVIDED
13Notification of charges and the terms of offers
14Requirement to obtain agreement to terms with work-seekers
15Content of terms with work-seekers: Employment businesses
16Content of terms with work-seekers: Agencies
17Requirement to obtain agreement to terms with hirers
PART IVREQUIREMENTS TO BE SATISFIED IN RELATION TO THE INTRODUCTION OR SUPPLY OF A WORK-SEEKER TO A HIRER
18Information to be obtained from a hirer
19Confirmation to be obtained about a work-seeker
20Steps to be taken for the protection of the work-seeker and the hirer
21Provision of information to work-seekers and hirers
22Additional requirements where professional qualifications are required or where work-seekers are to work with vulnerable persons
PART VSPECIAL SITUATIONS
23Situations where more than one agency or employment business is involved
24Situations where work-seekers are provided with travel or required to live away from home
PART VICLIENT ACCOUNTS AND CHARGES TO WORK-SEEKERS
25Client accounts
26Circumstances in which fees may be charged to work-seekers
PART VIIMISCELLANEOUS
27Advertisements
28Confidentiality
29Records
30Civil liability
31Effect of prohibited or unenforceable terms and recoverability of monies
32Application of the Regulations to work-seekers which are incorporated
33Electronic communications and other communications
SCHEDULE 1TRANSITIONAL AND SAVING PROVISIONS
1Interpretation
2Application to existing contracts
3Savings in respect of existing contracts
4Ongoing supplies and first occasion of supply
5Restriction on paying work-seekers' remuneration and client accounts
6Miscellaneous Savings
SCHEDULE 2CLIENT ACCOUNTS
1Interpretation
2Maintenance of client accounts
3An agency may pay into a client account –
4An agency which holds or receives money which includes client’s...
5An agency shall not pay into a client account any...
6An agency may withdraw from a client account –
7(1) No money drawn from a client account under paragraph...
8No sum shall be transferred from the ledger account of...
9Accounts and records
10Inspection and report
11Accounting period
12Preservation of client account records
13Interest
SCHEDULE 3OCCUPATIONS IN RESPECT OF WHICH EMPLOYMENT AGENCIES MAY CHARGE FEES TO WORK-SEEKERS
SCHEDULE 4PARTICULARS TO BE INCLUDED IN AN AGENCY'S OR EMPLOYMENT BUSINESS'S RECORDS RELATING TO WORK-SEEKERS
1Date application received.
2Work-seeker’s name, address and, if under 22, date of birth....
3Any terms which apply or will apply between the agency...
4Details of the work-seeker’s training, experience, qualifications, and any authorisation...
5Details of any requirements specified by the work-seeker in relation...
6Names of hirers to whom the work-seeker is introduced or...
7Details of any resulting engagement and date from which it...
8Copy of any contract between the work-seeker and any hirer...
9Date application withdrawn or contract terminated (where applicable).
10In the case of an agency that is permitted to...
11Details of enquiries made under regulations 19, 20 and 22...
SCHEDULE 5PARTICULARS TO BE INCLUDED IN AN AGENCY'S OR EMPLOYMENT BUSINESS'S RECORDS RELATING TO HIRERS
1Date application received.
2Hirer’s name and address, and location of employment if different....
3Details of the position(s) the hirer seeks to fill.
4Duration or likely duration of work.
5Experience, training, ability, qualifications, and authorisation required by the hirer,...
6The terms offered in respect of the position(s) the hirer...
7Copy of the terms between the agency or employment business...
8Names of work-seekers introduced or supplied.
9Details of enquiries under regulations 18 and 20 about the...
10Details of each resulting engagement and date from which it...
11Dates of requests by the agency or employment business for...
SCHEDULE 6PARTICULARS TO BE INCLUDED IN AN AGENCY'S OR EMPLOYMENT BUSINESS'S RECORDS RELATING TO OTHER AGENCIES OR EMPLOYMENT BUSINESSES
1Names of any other agencies or employment businesses whose services...
2Date and copy of any agreement under regulation 23(1)(b).

2005 No. 395

EMPLOYMENT

Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005

Made

To be laid before Parliament under paragraph 7(3) of the Schedule to the Northern Ireland Act 2000

Coming into operation –

except regulations 26(7) and 32

regulations 26(7) and 32

The Department for Employment and Learning1, in exercise of the powers conferred on it by Articles 6(1), 7(1) and 10(1) of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 19812 and now vested in it3, and of all other powers enabling it in that behalf and having consulted such bodies as appear to it to be representative of the interests concerned, hereby makes the following Regulations: