Employment Agencies Act 1973

Licences

Employment agencies and businesses to be licensed

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Grant of licences, etc.

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Revocation of licences

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Appeals

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• (1) Any person who is aggrieved by a decision of the licensing authority—

• (a) refusing to grant him a licence ; or

• (b) revoking a licence of which he is the holder,

may appeal in the prescribed manner giving the prescribed particulars, to the Secretary of State.

• (2) An appeal under subsection (1) of this section against any decision shall be brought within twenty-one days of the date on which notice of the decision was given in accordance with the foregoing provisions of this Act.

• (3) The Secretary of State may, in such cases as he considers it appropriate to do so, having regard to the nature of the questions which appear to him to arise, direct that an appeal under subsection (1) of this section shall be determined on his behalf by a person appointed by him for the purpose.

• (4) Before the determination of an appeal the Secretary of State shall ask the appellant and the licensing authority whether they wish to appear and be heard on the appeal and—

• (a) the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid ;

• (b) the Secretary of State shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing.

• (5) The Tribunals and Inquiries Act 1971 shall apply to a hearing held by a person appointed in pursuance of subsection (3) of this section to determine an appeal as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State included a reference to a decision taken on his behalf by that person.

• (6) A person who determines an appeal under subsection (1) of this section on behalf of the Secretary of State and the Secretary of State, if he determines such an appeal, may give such directions as he considers appropriate to give effect to his determination.

Conduct of employment agencies and employment businesses

General regulations

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• (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;

• (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.

• (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—

• (a) on conviction on indictment, to a fine;

• (b) on summary conviction, to a fine not exceeding the statutory maximum.

Restriction on charging persons seeking employment, etc.

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• (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 —

• (a) on conviction on indictment, to a fine;

• (b) on summary conviction, to a fine not exceeding the statutory maximum.

Display of licences, etc.

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Supplementary provisions

Annual reports and information

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Inspection

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• (A1) 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).

• (1) Any officer acting for the purposes of this Act may at all reasonable times on producing, if so required, written evidence of his authority—

• (a) enter any relevant business premises;

• (b) inspect those premises and

• (i) any records or other documents kept in pursuance of this Act or of any regulations made thereunder;

• (ii) any financial records or other financial documents not falling within paragraph (i) which he may reasonably require to inspect for the purpose of ascertaining whether the provisions of this Act and of any regulations made thereunder are being complied with or of enabling the Secretary of State to exercise his functions under this Act;and

• (c) subject to subsection (2) of this section, require any person on those premises to furnish him with such information as he may reasonably require for the purpose of ascertaining whether the provisions of this Act and of any regulations made thereunder are being complied with or of enabling the Secretary of State to exercise his functions under this Act; ...

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) 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, the 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.

• (1AA) Where a person carrying on an employment agency or employment business fails to comply with subsection (1A) in relation to any record or other document or information and the officer has reasonable cause to believe that the record or other document or information is kept by—

• (a) a person concerned with the carrying on of the employment agency or employment business, or

• (b) a person formerly so concerned,

the officer may by notice in writing require that person to furnish him with the record or other document or information at such time and place as he may specify.

• (1AB) 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.

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

• (1AD) An officer may take copies of any record or other document inspected by or furnished to him under this section.

• (1AE) 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.

• (1B) In subsection (1) “ relevant business premises ” means premises—

• (a) which are used, have been used or are to be used for or in connection with the carrying on of an employment agency or employment business,

• (b) which the officer has reasonable cause to believe are used or have been used for or in connection with the carrying on of an employment agency or employment business, or

• (c) which the officer has reasonable cause to believe are used for the carrying on of a business by a person who also carries on or has carried on an employment agency or employment business, if the officer also has reasonable cause to believe that records or other documents which relate to the employment agency or employment business are kept there.

• (1C) For the purposes of this section—

• (a) “ document ” includes information recorded in any form, and

• (b) information is kept at premises if it is accessible from them.

• (2) 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.

• (2A) 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.

• (2B) Except in proceedings for an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath), no evidence relating to the statement may be adduced, and no question relating to it may be asked, by or on behalf of the prosecution unless—

• (a) evidence relating to it is adduced, or

• (b) a question relating to it is asked,

by or on behalf of the person who made the statement.

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

• (4)

• (a) No information to which this subsection applies shall be disclosed except—

• (i) with the consent of the person by whom the information was furnished or, where the information was furnished on behalf of another person, with the consent of that other person or with the consent of the person carrying on or proposing to carry on the employment agency or employment business concerned; or

• (ii) . . .

• (ii) to the Secretary of State, or an officer acting for the purposes of this Act, for the purposes of the exercise of their respective functions under this Act; or

• (iii) by the Secretary of State, or an officer acting for the purposes of this Act, to the person carrying on or proposing to carry on the employment agency or employment business concerned, to any person in his employment or, in the case of information relating to a person availing himself of the services of such an agency or business, to that person; or

• (iv) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings pursuant to or arising out of this Act or for the purposes of any proceedings under section 3A, 3C or 3D of this Act. or

• (v) to an officer acting for the purposes of the National Minimum Wage Act 1998 for any purpose relating to that Act; or

• (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vii) to an officer acting by virtue of section 26 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); or

• (viii) to an officer acting for the purposes of Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 for any purpose relating to that Part; or

• (ix) to the Pensions Regulator for the purposes of the exercise of any function of the Regulator; or

• (x) to the Care Quality Commission for the purposes of the exercise of any function of the Commission.

• (b) Any person who contravenes paragraph (a) of this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (5) Subsection (4) applies to—

• (a) information obtained in the course of exercising the powers conferred by this section,

• (b) information obtained pursuant to section 15(5A) of the National Minimum Wage Act 1998, and

• (c) information obtained in the course of exercising powers by virtue of section 26(1) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).

Fraudulent applications and entries

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• (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 level 5 on the standard scale.

Offences by bodies corporate

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• (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.

• (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.

Regulations and orders

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• (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.

• (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.

Interpretation

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• (1) In this Act—

• . . .

• “employment” includes—employment by way of a professional engagement or otherwise under a contract for services;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;

• . . .

• . . .

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

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

• . . .