6 Provisions as to learners.S
(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(5)It shall not be lawful for the employer of a worker, being an apprentice or learner, who is employed in agriculture . . . F2 to receive directly or indirectly from the worker, or on his behalf or on his account, a payment by way of premium unless the payment is duly made in pursuance of an agreement approved for the purposes of this subsection by the [F3Secretary of State], and the amount of a payment received in contravention of this subsection shall be recoverable by the person by whom the payment was made.
(6)If an employer acts in contravention of the last preceding subsection, he shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds, and in any proceedings against an employer under this subsection the court shall, whether there is a conviction or not, order the employer to repay any sum which the court finds to have been received by way of premium in contravention of the last preceding subsection.
(7)Nothing in the last preceding subsection shall be taken to exclude the bringing otherwise than in accordance with that subsection of proceedings for the recovery of an amount due under subsection (5) of this section.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
F1Ss. 1(2), 2, 6(1)–(4)(8), 8, 9(2), Sch. 2 repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6
F2Words repealed by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 6
F3Words substituted by Agriculture (Miscellaneous Provisions) Act 1972 (c. 62), Sch. 5
Modifications etc. (not altering text)
C1S. 6(6) amended by Employment Protection Act 1975 (c. 71, SIF 43:1), s. 97, Sch. 10 Pt. II para. 5 and Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F (increase of fines) and 289G (substitution of references to levels on the standard scale)