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The Conduct of Employment Agencies and Employment Businesses Regulations 2003

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Conduct of Employment Agencies and Employment Businesses Regulations 2003 No. 3319

Maintenance of client accounts

6.  An agency may withdraw from a client account—

(a)client’s money properly required for—

(i)a payment to the client;

(ii)a payment to another person on the written request of the client provided that the agency has previously agreed with the client to make payment to that other person if the client so requests;

(b)client’s money properly required—

(i)for or towards reimbursement of money properly expended by the agency on behalf and at the written request of the client;

(ii)for or towards payment of the agency’s fees due from the client;

(iii)for or towards reimbursement of monies paid by the agency to the client representing the client’s remuneration from employment with a hirer, where the agency has paid such remuneration to the client prior to receiving the same from the hirer (or any person connected to the hirer);

where the client has agreed to such deduction in paper form or by electronic means and, in a case falling within sub-paragraph (b)(i) or (ii) the agency has delivered to the client an invoice or other written statement of the amount of the fee incurred or money expended;

(c)money (not being client’s money) to which paragraph 3(a) or 4(b) applies, to reimburse the person properly entitled to it;

(d)money which for any reason may have been paid into the account in contravention of paragraph 5, to rectify that contravention;

(e)client’s money required by law to be deducted from a work-seeker’s remuneration before such remuneration is paid to him;

provided that in any case under sub-paragraph (a) or (b) of this paragraph the money so drawn shall not exceed the total of the money held for the time being in such account on account of such client.

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