Employment Agencies Act 1973

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.

Subject to subsections (5) and (6) of this section, an F5employment 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.

An F5employment 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.

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.

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.

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.

on conviction on indictment, to a fine;

on summary conviction, to a fine not exceeding the statutory maximum.

On application by the person to whom a prohibition order applies, an F8employment 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.

An F8employment tribunal may not, on an application under this section, so vary a prohibition order as to make it more restrictive.

The Secretary of State shall be a party to any proceedings before an F8employment tribunal with respect to an application under this section, and be entitled to appear and be heard accordingly.

When making a prohibition order or disposing of an application under this section, an F8employment 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.

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 F10employment tribunal under section 3A or 3C of this Act.

No other appeal shall lie from a decision of an F10employment tribunal under section 3A or 3C of this Act; and section 11 of the Tribunals and Inquiries M1Act 1992 (appeals from certain tribunals to High Court or Court of Session) shall not apply to proceedings before an F10employment tribunal under section 3A or 3C of this Act.

This section does not apply to an officer acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).

If an officer seeks to inspect or acquire, in accordance with subsection (1)(b) or (c), a record or other document or information which is not kept at the premises being inspected, F79the officer may by notice in writing require the person carrying on the employment agency or employment business to furnish him with the record or other document or information at such time and place as he may specify.

Where a person carrying on an employment agency or employment business fails to comply with subsection (1A) in relation to any financial record or other financial document which is kept by a bank, the officer may by notice in writing require the bank to furnish the record or other document to him at such time and place as he may specify.

In subsection (1AB), “ bank ” means a person who has permission under F88Part 4A of the Financial Services and Markets Act 2000 to accept deposits.

An officer may take copies of any record or other document inspected by or furnished to him under this section.

An officer may, for the purposes of subsection (1AD), remove a record or other document from the premises where it is inspected by or furnished to him; but he must return it as soon as reasonably practicable.

Nothing in this section shall require a person to produce, provide access to or make arrangements for the production of anything which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session.

Subject to subsection (2B), a statement made by a person in compliance with a requirement under this section may be used in evidence against him in criminal proceedings.

Any person who obstructs an officer in the exercise of his powers under F81subsection (1)(a) or (b), (1AD) or (1AE) shall be guilty of an offence and liable on summary conviction to a fine not exceeding F17level 3 on the standard scaleand any person who, without reasonable excuse, fails to comply with a requirement underF82subsection (1)(c), (1A), (1AA) or (1AB) shall be guilty of an offence and liable on summary conviction to a fine not exceeding F17level 3 on the standard scale.

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

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.

Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F23level 5 on the standard scale.

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.

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.

For the purposes of subsection (2) of this section a relevant offence is an offence under section F69 ... 9(4)(b) or 10(2) of this Act for which proceedings are instituted by the Secretary of State.

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.

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.

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.

Regulations under this Act may make different provision in relation to different cases or classes of case.

The power of the Secretary of State to make regulations and orders under this Act shall be exercisable by statutory instrument.

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.

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.

In this Act—

• F26. . .

• “employment” includes—

  1. a

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

  2. 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;

• F26. . .

• F27 . . .

• “local authority” in relation to England F28. . ., means a county council, . . . F29, the Common Council of the City of London, a district council or a London borough council F30and in relation to Wales, means a county council or a county borough council and, in relation to F31Scotland means a F32council 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;

• F33 “ prohibition order ” has the meaning given by section 3A(2) of this Act;

• F26. . .

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 F60persons employment with employers or of supplying employers with F60persons for employment by them.

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 supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity.

For the purposes of section 269 of the M4Local Government Act 1972, this Act shall be deemed to have been passed after 1st April 1974.

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.

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”.

In this Act—

• F44. . .

• “employment” includes—

  1. a

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

  2. 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;

• F44. . .

• F45 . . .

• “local authority” in relation to England F46. . ., means a county council, . . . F47, the Common Council of the City of London, a district council or a London borough council F48and in relation to Wales, means a county council or a county borough council and, in relation to F49Scotland means a F50council 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;

• F51“prohibition order” has the meaning given by section 3A(2) of this Act;

• F44. . .

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 F60persons employment with employers or of supplying employers with F60persons for employment by them.

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 supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity.

For the purposes of section 269 of the M6Local Government Act 1972, this Act shall be deemed to have been passed after 1st April 1974.

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.

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”.

This Act may be cited as the Employment Agencies Act 1973.

The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third colum of that Schedule.

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.

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.

This Act does not extend to Northern Ireland.