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]

Modifications etc. (not altering text)

C1 Act excluded by S.I. 1979/1741

C2 Act 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)

Licences E+W+S

F1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F1 S. 1 repealed (3.1.1995) by 1994 c. 40, ss. 35, 81, Sch. 10 Pt. I para. 1(2), Sch. 17; S.I. 1994/3188, arts. 2, 3

F2 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F2 S. 2 repealed (3.1.1995) by 1994 c. 40, ss. 35, 81, Sch. 10 Pt. I para. 1(2), Sch. 17; S.I. 1994/3188, arts. 2, 3

F3 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F3 S. 3 repealed (3.1.1995) by 1994 c. 40, ss. 35, 81, Sch. 10 Pt. I para. 1(2), Sch. 17; S.I. 1994/3188, arts. 2, 3

[F4 Prohibition orders] E+W+S

Textual Amendments

F4 Crossheading inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3

F5 3A [ Power to make orders.] E+W+S

(1) On application by the Secretary of State, an [F6 employment 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 [F6 employment 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 [F6 employment 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 [F6 employment 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—

• “director”, in relation to a body corporate whose affairs are controlled by its members, means a member of the body corporate; and

• “specified”, in relation to a prohibition order, means specified in the order.

Textual Amendments

F5 S. 3A inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3

F6 Words 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

F7 3B 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.]

Textual Amendments

F7 S. 3B inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3

F8 Words in s. 3B substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e)

F9 3C Variation and revocation of orders. E+W+S

(1) On application by the person to whom a prohibition order applies, an [F10 employment 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 [F10 employment 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 [F10 employment 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 [F10 employment 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.

Textual Amendments

F9 S. 3C inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3

F10 Words in s. 3C substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch.

F11 3D 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 [F12 employment tribunal] under section 3A or 3C of this Act.

(2) No other appeal shall lie from a decision of an [F12 employment tribunal] under section 3A or 3C of this Act; and section 11 of the Tribunals and Inquiries M1 Act 1992 (appeals from certain tribunals to High Court or Court of Session) shall not apply to proceedings before an [F12 employment tribunal] under section 3A or 3C of this Act.

Textual Amendments

F11 S. 3D inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3

F12 Words 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

M1 1992 c. 53.

Conduct of employment agencies and employment businesses E+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.]

Textual Amendments

F13 S. 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

F14 S. 5(1A) inserted (25.10.1999) by 1999 c. 26, ss. 31, 45(1), Sch. 7 paras. 1, 2(3); S.I. 1999/2830, art. 2, Sch. 1 Pt. I

F15 Words 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.]

Textual Amendments

F16 S. 6(1) substituted (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 3; S.I. 2003/3357, art. 3

F17 Words in s. 6(2) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e)

F18 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F18 S. 7 repealed (3.1.1995) by 1994 c. 40, s 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

Supplementary provisions E+W+S

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 E+W+S

Textual Amendments

F19 Ss. 2(4), 8 repealed by Employment Protection Act 1975 (c. 71), Sch. 18

F20 8A Appointment of officers E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 S. 8A omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 2 (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a)

F21 9 Inspection. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 S. 9 omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 3 (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a)

10 Fraudulent applications and entries. E+W+S

F22 (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 [F23 level 5 on the standard scale].

Textual Amendments

F22 S. 10(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F23 Words 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

11 Offences by bodies corporate. E+W+S

[F24 (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.

[F25 (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.]

Textual Amendments

F24 S. 11(1): s. 11 renumbered as s. 11(1) (6.4.2009) by Employment Act 2008 (c. 24), ss. 17(a), 22(1)(e)

F25 S. 11(2) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 17(b), 22(1)(e)

[F26 11A 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 F27 ... F28 ... 10(2) of this Act for which proceedings are instituted by the Secretary of State.

(2) Notwithstanding section 127(1) of the M2 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 M3 Criminal Procedure (Scotland) Act 1995 (time limit for prosecuting certain statutory offences) in Scotland proceedings in respect of an offence under section F29 ... F30 ... 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.]

Textual Amendments

F26 S. 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

F27 Words in s. 11A(1) repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(e), Sch. Pt. 5

F28 Words in s. 11A(1) omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 4(2) (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a)

F29 Words in s. 11A(3) repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(e), Sch. Pt. 5

F30 Words in s. 11A(3) omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 4(3) (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a)

Marginal Citations

M2 1980 c. 43.

M3 1995 c. 46.

F31 11B 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.

Textual Amendments

F31 S. 11B inserted (6.4.2004) by Employment Relations Act 1999 (c. 26), ss. 31,s. 45(1), Sch. 7 para. 5; S.I. 2003/3357, art. 3

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.

[F32 (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.]

Textual Amendments

F32 S. 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—

• F33 ...

• “employment” includes—

  (a)

  employment by way of a professional engagement or otherwise under a contract for services;

  (b)

  the reception in a private household of a person under an arrangement whereby that person is to assist in the domestic work of the household in consideration of receiving hospitality and pocket money or hospitality only;

  and “worker” and “employer” shall be construed accordingly;

• “employment agency” has the meaning assigned by subsection (2) of this section but does not include any arrangements, services, functions or business to which this Act does not apply by virtue of subsection (7) of this section;

• “employment business” has the meaning assigned by subsection (3) of this section but does not include any arrangements, services, functions or business to which this Act does not apply by virtue of subsection (7) of this section;

• “fee” includes any charge however described;

• F33 ...

• F34 ...

• “local authority” in relation to England F35 ..., means a county council, F36 ..., the Common Council of the City of London, a district council or a London borough council [F37 and in relation to Wales, means a county council or a county borough council] and, in relation to [F38 Scotland means a [F39 council constituted under the Local Government etc. (Scotland) Act 1994]];

• “organisation” includes an association of organisations;

• “organisation of employers” means an organisation which consists wholly or mainly of employers and whose principal objects include the regulation of relations between employers and workers or organisations of workers;

• “organisation of workers” means an organisation which consists wholly or mainly of workers and whose principal objects include the regulation of relations between workers and employers or organisations of employers;

• “prescribed” means prescribed by regulations made under this Act by the Secretary of State;

• [F40 “prohibition order” has the meaning given by section 3A(2) of this Act;]

• F33 ...

(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 [F41 persons] employment with employers or of supplying employers with [F41 persons] for employment by them.

[F42 (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 participating in employment arrangements.

(3A) “Employment arrangements” means arrangements under which persons who are, or are intended to be, in the employment of a person are, or are intended to be, supplied to act for, and under the control of, another person in any capacity.

(3B) “Participating in” employment arrangements means doing any of the following in connection with the arrangements—

(a) being an employer of the persons who are, or are intended to be, supplied under the arrangements;

(b) paying for, or receiving or forwarding payment for, the services of those persons, in consideration of directly or indirectly receiving a fee from those persons;

(c) supplying those persons (whether or not under the arrangements);

(d) taking steps with a view to doing anything mentioned in paragraphs (a) to (c).]

(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; F43 ... [F44 or

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

(5) For the purposes of section 269 of the M4 Local 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 [F45 custodial sentence passed by a criminal court in the United Kingdom, the Channel Islands or the Isle of Man;]

F46 ...

F46 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47 (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;

F48 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the exercise by a local authority F49 ... F50 ... [F51 , F52 ... or a joint authority established by Part IV of the Local Government Act 1985] of any of their functions;

F53 (fza) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F54 (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;

[F55 (fzd) the exercise by a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 of any of its functions;]

[F56 (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;]

[F57 (ff) the exercise by the Broads Authority of any of its functions;]

[F58 (fg) the exercise by a National Park authority of any of its functions;]

[F59 (fh) the exercise by the London Fire Commissioner of any of the Commissioner's functions;]

[F60 (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;

[F61 (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 M5 Education (Scotland) Act 1962 or a college of education as defined in the said section 145;

[F62 (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.]

[F63 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”.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F33 Definitions in s. 13(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F34 Definition repealed by Employment Protection Act 1975 (c. 71), Sch. 18

F35 Words in s. 13(1) repealed (1.4.1996) by 1994 c. 19, ss. 66(6)(8), Sch. 16 para. 41, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F36 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1),s. 102, Sch. 17

F37 Words in s. 13(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 41 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F38 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 208(b)

F39 Words 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)

F40 Definition 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

F41 Word in s. 13(2) substituted (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 7; S.I. 2003/3357, art. 4

F42 S. 13(3)-(3B) substituted for s. 13(3) (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 36, 159(3); S.I. 2026/3, reg. 2(17)

F43 Word repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1)(2), Sch. 5 para. 27, Sch. 6

F44 Word “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

F45 Words substituted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123(6), Sch. 8 Pt. I paras. 7, 16

F46 S. 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)

F47 S. 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)

F48 S. 13(7)(e) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F49 Words in s. 13(7)(f) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13) , s. 157(1) , Sch. 16 para. 118(a) ; S.I. 2011/3019 , art. 3 , Sch. 1 (with Sch. 2 para. 38 )

F50 Words in s. 13(7)(f) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 4 para. 19, 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(i)

F51 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 50

F52 Words 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

F53 S. 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)

F54 S. 13(7)(fzb)(fzc) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 40; S.I. 2009/3318, art. 2(c)

F55 S. 13(7)(fzd) inserted (E.W.) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 53 (with s. 247)

F56 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 )

F57 S. 13(7)(ff) inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 11

F58 S. 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)

F59 S. 13(7)(fh) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 48; S.I. 2018/227, reg. 4(c)

F60 S. 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

F61 S. 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

F62 S. 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

F63 S. 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)

C3 S. 13(7)(f) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(j)

C4 S. 13(7)(f) amended by Local Government Act 1985 (c. 51, SIF 81:1), 57(7), Sch. 13 para. 13(e)

C5 S. 13(7)(f) extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(g)

C6 S. 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

M4 1972 c. 70.

M5 1962 c. 47.

13 Interpretation. S

(1) In this Act—

• F65 ...

• “employment” includes—

  (a)

  employment by way of a professional engagement or otherwise under a contract for services;

  (b)

  the reception in a private household of a person under an arrangement whereby that person is to assist in the domestic work of the household in consideration of receiving hospitality and pocket money or hospitality only;

  and “worker” and “employer” shall be construed accordingly;

• “employment agency” has the meaning assigned by subsection (2) of this section but does not include any arrangements, services, functions or business to which this Act does not apply by virtue of subsection (7) of this section;

• “employment business” has the meaning assigned by subsection (3) of this section but does not include any arrangements, services, functions or business to which this Act does not apply by virtue of subsection (7) of this section;

• “fee” includes any charge however described;

• F65 ...

• F66 ...

• “local authority” in relation to England F67 ..., means a county council, F68 ..., the Common Council of the City of London, a district council or a London borough council [F69 and in relation to Wales, means a county council or a county borough council] and, in relation to [F70 Scotland means a [F71 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

• “organisation” includes an association of organisations;

• “organisation of employers” means an organisation which consists wholly or mainly of employers and whose principal objects include the regulation of relations between employers and workers or organisations of workers;

• “organisation of workers” means an organisation which consists wholly or mainly of workers and whose principal objects include the regulation of relations between workers and employers or organisations of employers;

• “prescribed” means prescribed by regulations made under this Act by the Secretary of State;

• [F72 “prohibition order” has the meaning given by section 3A(2) of this Act; ]

• F65 ...

(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 [F41 persons] employment with employers or of supplying employers with [F41 persons] for employment by them.

[F42 (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 participating in employment arrangements.

(3A) “Employment arrangements” means arrangements under which persons who are, or are intended to be, in the employment of a person are, or are intended to be, supplied to act for, and under the control of, another person in any capacity.

(3B) “Participating in” employment arrangements means doing any of the following in connection with the arrangements—

(a) being an employer of the persons who are, or are intended to be, supplied under the arrangements;

(b) paying for, or receiving or forwarding payment for, the services of those persons, in consideration of directly or indirectly receiving a fee from those persons;

(c) supplying those persons (whether or not under the arrangements);

(d) taking steps with a view to doing anything mentioned in paragraphs (a) to (c).]

(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; F73 ... [F74 or

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

(5) For the purposes of section 269 of the M6 Local 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

F46 ...

F46 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47 (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;

F75 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the exercise by a local authority F49 ... F50 ... [F76 , F77 ... or a joint authority established by Part IV of the Local Government Act 1985] of any of their functions;

F53 (fza) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F54 (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;]

[F56 (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;]

[F59 (fh) the exercise by the London Fire Commissioner of any of the Commissioner's functions;]

[F60 (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;

[F78 (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 M7 Education (Scotland) Act 1962 or a college of education as defined in the said section 145;

[F79 (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”.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F41 Word in s. 13(2) substituted (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 7; S.I. 2003/3357, art. 4

F42 S. 13(3)-(3B) substituted for s. 13(3) (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 36, 159(3); S.I. 2026/3, reg. 2(17)

F46 S. 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)

F47 S. 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)

F49 Words in s. 13(7)(f) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13) , s. 157(1) , Sch. 16 para. 118(a) ; S.I. 2011/3019 , art. 3 , Sch. 1 (with Sch. 2 para. 38 )

F50 Words in s. 13(7)(f) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 4 para. 19, 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(i)

F53 S. 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)

F54 S. 13(7)(fzb)(fzc) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 40; S.I. 2009/3318, art. 2(c)

F56 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 )

F59 S. 13(7)(fh) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 48; S.I. 2018/227, reg. 4(c)

F60 S. 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

F65 Definitions in s. 13(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F66 Definition repealed by Employment Protection Act 1975 (c. 71), Sch. 18

F67 Words in s. 13(1) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 41, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F68 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1),s. 102, Sch. 17

F69 Words in s. 13(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 41 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F70 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 208(b)

F71 Words 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)

F72 Definition 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

F73 Word repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1)(2), Sch. 5 para. 27, Sch. 6

F74 Word “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

F75 S. 13(7)(e) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F76 Words in s. 13(7)(f) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 50

F77 Words 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

F78 S. 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

F79 S. 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)

C7 S. 13(7)(f) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(j)

C8 S. 13(7)(f) amended by Local Government Act 1985 (c. 51, SIF 81:1), 57(7), Sch. 13 para. 13(e)

C9 S. 13(7)(f) extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(g)

Marginal Citations

M6 1972 c. 70.

M7 1962 c. 47.

[F64 14 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.]

Editorial Information

X1 The 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

P1 Power of appointment conferred by s. 14(4) exercised by S.I. 1976/709

Textual Amendments

F64 S. 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.

SCHEDULE E+W+S REPEALS

PART I E+W+S

PUBLIC GENERAL ACTS
Chapter	Short Title	Extent of Repeal
7 Edw. 7.c. 53.	The Public Health Acts Amendment Act 1907.	Section 85.

PART II E+W+S