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Employment Agencies Act 1973

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13 Interpretation.E+W

(1)In this Act—

  • F1. . .

  • 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;

  • F1. . .

  • F2 . . .

  • local authority” in relation to England F3. . ., means a county council, . . . F4, the Common Council of the City of London, a district council or a London borough council [F5and in relation to Wales, means a county council or a county borough council] and, in relation to [F6Scotland means a [F7council 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;

  • [F8prohibition order ” has the meaning given by section 3A(2) of this Act; ]

  • F1. . .

(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 [F9persons] employment with employers or of supplying employers with [F9persons] for employment by them.

(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 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.

(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; F10 . . . [F11or

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

(5)For the purposes of section 269 of the M1Local 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 [F12custodial sentence passed by a criminal court in the United Kingdom, the Channel Islands or the Isle of Man;]

F13...

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(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;

F15(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the exercise by a local authority F16...F17...[F18, F19... or a joint authority established by Part IV of the Local Government Act 1985]of any of their functions;

[F20(fza)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F22(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;

[F23(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;]

[F24(ff)the exercise by the Broads Authority of any of its functions;]

F25 [(fg)the exercise by a National Park authority of any of its functions;]

[F26(fh)[F27the exercise by the London Fire and Emergency Planning Authority of any of its functions;]

[F27(fh)the exercise by the London Fire Commissioner of any of the Commissioner's functions;]]

[F28(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;

[F29(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 M2 Education (Scotland) Act 1962 or a college of education as defined in the said section 145;

[F30(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.]

[F31Provided 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

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1Definitions in s. 13(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F4Words repealed by Local Government Act 1985 (c. 51, SIF 81:1),s. 102, Sch. 17

F7Words 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)

F8Definition 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

F11Word “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

F13S. 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)

F14S. 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)

F15S. 13(7)(e) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F21S. 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)

F23 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 )

F25S. 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)

F27S. 13(7)(fh) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 48

F28S. 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

F29S. 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

F30S. 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

F31S. 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)

C1S. 13(7)(f) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(j)

C2S. 13(7)(f) amended by Local Government Act 1985 (c. 51, SIF 81:1), 57(7), Sch. 13 para. 13(e)

C3S. 13(7)(f) extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(g)

C4S. 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

13 Interpretation.S

(1)In this Act—

  • F32. . .

  • 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;

  • F32. . .

  • F33 . . .

  • local authority” in relation to England F34. . ., means a county council, . . . F35, the Common Council of the City of London, a district council or a London borough council [F36and in relation to Wales, means a county council or a county borough council] and, in relation to [F37Scotland means a [F38council 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;

  • [F39prohibition order” has the meaning given by section 3A(2) of this Act; ]

  • F32. . .

(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 [F9persons] employment with employers or of supplying employers with [F9persons] for employment by them.

(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 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.

(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;F40 . . . [F41or

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

(5)For the purposes of section 269 of the M3Local 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

F13...

F13(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(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;

F42(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the exercise by a local authority F16... F17...[F43, F44...or a joint authority established by Part IV of the Local Government Act 1985] of any of their functions;

F21[F20(fza)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22(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;]

[F23(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;]

[F45(fh)[F27the exercise by the London Fire and Emergency Planning Authority of any of its functions;]

[F27(fh)the exercise by the London Fire Commissioner of any of the Commissioner's functions;]]

[F28(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;

[F46(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 M4Education (Scotland) Act 1962 or a college of education as defined in the said section 145;

[F47(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

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F13S. 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)

F14S. 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)

F21S. 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)

F23 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 )

F27S. 13(7)(fh) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 48

F28S. 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

F32Definitions in s. 13(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F35Words repealed by Local Government Act 1985 (c. 51, SIF 81:1),s. 102, Sch. 17

F38Words 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)

F39Definition 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

F41Word “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

F42S. 13(7)(e) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F44Words 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

F45It is provided that s. 13(7)(fh) is inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 22 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F46S. 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

F47S. 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)

C5S. 13(7)(f) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(j)

C6S. 13(7)(f) amended by Local Government Act 1985 (c. 51, SIF 81:1), 57(7), Sch. 13 para. 13(e)

C7S. 13(7)(f) extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(g)

Marginal Citations

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