Explanatory Notes

Welfare Reform Act 2012

2012 CHAPTER 5

8 March 2012

Commentary on Sections

Part 6: Miscellaneous

Section 144: Use of jobcentres by sex industry

712.Section 144 inserts a new section, section 2A, into the Employment and Training Act 1973, removing the obligation for the Secretary of State, via Jobcentre Plus, to advertise certain types of vacancies or opportunities in the sex industry.

713.Under the Employment and Training Act 1973 the Secretary of State is obliged to help employers to fill vacancies and jobseekers to find jobs. Subsection (1) qualifies this obligation and states that the Secretary of State must not help employers to fill vacancies and jobseekers to find jobs in respect of employment for sexual purposes.

714.Subsection (2) sets out when a job would be considered as employment for sexual purposes. This includes vacancies which involve performing activities to sexually stimulate others, but would not cover, for example, jobs involved in the retail or manufacture of sexual products.

715.Subsection (3) enables the Secretary of State to make an order to provide exceptions to subsection (1), as necessary.

716.Subsection (4) states that regulations made under subsection (3) will be subject to the negative resolution procedure.