The Conduct of Employment Agencies and Employment Businesses Regulations 2003

Interpretation

1.  In this Schedule unless the context otherwise requires—

• the expressions “accounts”, “books”, “ledgers” and “records” shall include loose-leaf books and such cards or other permanent documents or records as are necessary for the operation of any system of book-keeping, electronic, mechanical or otherwise and where an electronic system is operated, the information recorded on it must be capable of being reproduced in legible form;

• “accounting reference date” has the same meaning as it is given in section 224 of the Companies Act 1985(1);

• “client” means any person for whom an agency acts and on whose account it holds, receives or pays out client’s money or a hirer from whom an agency receives a hirer’s deposit;

• “client account” has the same meaning as in regulation 25;

• “client’s money” means—

  (a)

  money held or received by an agency on behalf of a work-seeker (including money held or received by way of advance against payment to a work-seeker for work to be done by that work-seeker, where the terms of the contract between the work-seeker and the hirer stipulate that the advance is not repayable to the hirer in any circumstances); and

  (b)

  hirer’s deposits;

  but shall not include money to which the only person entitled is the agency itself;

• “credit institution” has the same meaning as in regulation 25;

• “hirer’s deposit” has the same meaning as in regulation 25.

(1)

1985 c. 6; section 224 was inserted by the Companies Act 1989 (c. 40), section 3 and amended by the Companies Act 1985 (Miscellaneous Accounting Amendments) Regulations 1996 (S.I. 1996/189), regulation 2(2), (3), (4) and the Companies Act 1989 (Commencement No. 4 and Transitional and Saving Provisions) Order 1990 (S.I. 1990/355), article 15.