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Employment Agencies Act 1973
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Employment Agencies Act 1973, Section 5 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 9(4)(a)(iv) words repealed by 1999 c. 26 Sch. 7 para. 4(6) Sch. 9(8)
5 General regulations.E+W+S
(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[F3—
(a)on conviction on indictment, to a fine;
(b)on summary conviction, to a fine not exceeding the statutory maximum.]
Textual Amendments
F1S. 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
F2S. 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
F3Words in s. 5(2) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e)
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