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An Act to regulate employment agencies and businesses; and for connected purposes.
S. 3 repealed (3.1.1995) by 1994 c. 40, ss. 35, 81, Sch. 10 Pt.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
[ F1Prohibition orders]
Annotations:
Amendments (Textual)
F1
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
F1
3A
Power to make orders
(1)
On application by the Secretary of State, an [F2employment 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 [F2employment 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 [F2employment 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 [F2employment 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.
Annotations:
Amendments (Textual)
F1
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
F2
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
F1
3B
Enforcement
Any person who, without reasonable excuse, fails to comply with a prohibition order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Annotations:
Amendments (Textual)
F1
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
F1
3C
Variation and revocation of orders
(1)
On application by the person to whom a prohibition order applies, an [F2employment 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 [F2employment 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 [F2employment 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 [F2employment 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.
Annotations:
Amendments (Textual)
F1
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
F2
Words in s. 3C substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch.
F1
3D
Appeals
(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 [F2employment tribunal] under section 3A or 3C of this Act.
(2)
No other appeal shall lie from a decision of an [F2employment 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 [F2employment tribunal] under section 3A or 3C of this Act.]
Annotations:
Amendments (Textual)
F1
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
F2
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
5-
General regulations
(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;
[F1(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.]
[F2(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 on summary conviction to a fine not exceeding [F3level 5 on the standard scale].
Annotations:
Amendments (Textual)
F1
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
F2
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
F3
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
6-
Restriction on charging persons seeking employment, etc
(1)
Except in such cases or classes of case as the Secretary of State may prescribe, a person carrying on an employment agency or an employment business shall not demand or directly or indirectly receive from any person any fee for finding him employment or for seeking to find him employment.q
(2)
Any person who contravenes this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F1level 5 on the standard scale].
Annotations:
Amendments (Textual)
F1
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
Any officer [F1duly authorised in that behalf by the Secretary of State] may at all reasonable times on producing, if so required, written evidence of his authority—
(a)
enter any premises used or to be used for or in connection with the carrying on of an employment agency or employment business F2. . . and any other premises which the officer has reasonable cause to believe are used for or in connection with the carrying on of an employment agency or employment business; and
(b)
inspect those premises and any records or other documents kept in pursuance of this Act or of any regulations made thereunder; 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 [F3Secretary of State] to exercise [F3his] functions under this Act.
(2)
A person shall not be required under paragraph (c) of subsection (1) of this section to answer any question tending to incriminate himself or, in the case of a person who is married, his or her wife or husband.
(3)
Any person who obstructs an officer in the exercise of his powers under paragraph (a) or (b) of subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F4level 3 on the standard scale]and any person who, without reasonable excuse, fails to comply with a requirement under paragraph (c) of that subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F4level 3 on the standard scale].
(a)
No information obtained in the course of exercising the powers conferred by subsection (1) of this section 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)
, (iii) . . . F5
[F6(ii)]
to the Secretary of State, or an officer or servant appointed by, or person exercising functions on behalf of, the Secretary of State for the purposes of the exercise of their respective functions under this Act; or
[F7(iii)
by the Secretary of State, or an officer or servant appointed by, or persons exercising functions on behalf of, the Secretary of State 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]
[F6(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 [F8proceedings under section 3A, 3C or 3D of this Act].
(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 [F4level 5 on the standard scale].
Annotations:
Amendments (Textual)
F1
Words substituted by Employment Protection Act 1975 (c. 71), Sch. 13 para. 6(1)
F2
Words in s. 9(1)(a) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3
F3
Words substituted by Employment Protection Act 1975 (c. 71), Sch. 13 para. 6(2)
F4
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
F5
S. 9(4)(a)(ii)(iii) repealed by Employment Protection Act 1975 (c. 71), Sch. 18
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 [F2level 5 on the standard scale].
Annotations:
Amendments (Textual)
F1
S. 10(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3
F2
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
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.
[F1
11A
Offences: extension of time limit
(1)
For the purposes of subsection (2) of this section a relevant offence is an offence under section 3B, 5(2), 6(2), 9(4)(b) or 10(2) of this Act for which proceedings are instituted by the Secretary of State.
(2)
Notwithstanding section 127(1) of the M1Magistrates’ 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 M2Criminal Procedure (Scotland) Act 1995 (time limit for prosecuting certain statutory offences) in Scotland proceedings in respect of an offence under section 3B, 5(2), 6(2), 9(4)(b) or 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.]
Annotations:
Amendments (Textual)
F1
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
Marginal Citations
M1
1980 c. 43.
M2
1995 c. 46.
[F1
11B
Offences: cost of investigation
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.]
Annotations:
Amendments (Textual)
F1
S. 11B inserted (prosp.) by 1999 c. 26, ss. 31, 45(1), Sch. 7 paras. 1, 5
