Employment Agencies Act 1973

Supplementary provisions E+W+S

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 2(4), 8 repealed by Employment Protection Act 1975 (c. 71), Sch. 18

9 Inspection. E+W+S

(1) Any officer [F2 duly authorised in that behalf by the Secretary of State] may at all reasonable times on producing, if so required, written evidence of his authority—

[F3 (a) enter any relevant business premises;]

(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 [F4 Secretary of State] to exercise [F4 his] functions under this Act[F5 ; and

(d) take copies of records and other documents inspected under paragraph (b).]

[F6 (1A) If an officer seeks to inspect or acquire, in accordance with subsection (1)(b) or (c), a record or other document or information which is not kept at the premises being inspected, he may require any person on the premises—

(a) to inform him where and by whom the record, other document or information is kept, and

(b) to make arrangements, if it is reasonably practicable for the person to do so, for the record, other document or information to be inspected by or furnished to the officer at the premises at a time specified by the officer.

(1B) In subsection (1) “ relevant business premises ” means premises—

(a) which are used, have been used or are to be used for or in connection with the carrying on of an employment agency or employment business,

(b) which the officer has reasonable cause to believe are used or have been used for or in connection with the carrying on of an employment agency or employment business, or

(c) which the officer has reasonable cause to believe are used for the carrying on of a business by a person who also carries on or has carried on an employment agency or employment business, if the officer also has reasonable cause to believe that records or other documents which relate to the employment agency or employment business are kept there.

(1C) For the purposes of subsection (1)—

(a) “ document ” includes information recorded in any form, and

(b) information is kept at premises if it is accessible from them.]

[F7 (2) Nothing in this section shall require a person to produce, provide access to or make arrangements for the production of anything which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session.

(2A) Subject to subsection (2B), a statement made by a person in compliance with a requirement under this section may be used in evidence against him in criminal proceedings.

(2B) Except in proceedings for an offence under section 5 of the No commentary item could be found for this reference c1248676 Perjury Act 1911 (false statements made otherwise than on oath), no evidence relating to the statement may be adduced, and no question relating to it may be asked, by or on behalf of the prosecution unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the person who made the statement.]

(3) Any person who obstructs an officer in the exercise of his powers under paragraph (a) [F8 , (b) or (d)] of subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F9 level 3 on the standard scale]and any person who, without reasonable excuse, fails to comply with a requirement under paragraph (c) of that subsection[F10 or under subsection (1A)] shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F9 level 3 on the standard scale].

(4) (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) . . . F11

[F12 (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

[F13 (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]

[F12 (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 [F14 proceedings 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 [F9 level 5 on the standard scale].

Textual Amendments

F2 Words substituted by Employment Protection Act 1975 (c. 71), Sch. 13 para. 6(1)

F3 S. 9(1)(a) substituted (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 4(2)(a); S.I. 2003/3357, art. 3

F4 Words substituted by Employment Protection Act 1975 (c. 71), Sch. 13 para. 6(2)

F5 S. 9(1)(d) and word inserted (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 4(2)(b); S.I. 2003/3357, art. 3

F6 S. 9(1A)-(1C) inserted (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 4(3); S.I. 2003/3357, art. 3

F7 S. 9(2)-(2B) substituted for s. 9(2) (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 4(4); S.I. 2003/3357, art. 3

F8 Words in s. 9(3) substituted (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 4(5)(a); S.I. 2003/3357, art. 3

F9 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

F10 Words in s. 9(3) inserted (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 4(5)(b); S.I. 2003/3357, art. 3

F11 S. 9(4)(a)(ii)(iii) repealed by Employment Protection Act 1975 (c. 71), Sch. 18

F12 Sub-para. renumbered by Employment Protection Act 1975 (c. 71), Sch. 13 para. 6(3)

F13 S. 9(4)(a)(iii) inserted by Employment Protection Act 1975 (c. 71), Sch. 13 para. 6(3)

F14 Words in s. 9(4)(a)(iv) substituted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(4); S.I. 1994/3188, arts. 2, 3

Modifications etc. (not altering text)

C1 S. 9(4): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 8

10 Fraudulent applications and entries. E+W+S

F15 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) 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 [F16 level 5 on the standard scale].

Textual Amendments

F15 S. 10(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F16 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. E+W+S

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.

[F17 11A Offences: extension of time limit. E+W+S

(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 M1 Magistrates’ 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 M2 Criminal 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.]

Textual Amendments

F17 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.

Prospective

F19 [F18 11B Offences: cost of investigation. E+W+S

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.]

Textual Amendments

F18 S. 11B inserted (prosp.) by 1999 c. 26, ss. 31, 45(1), Sch. 7 paras. 1, 5

F19 S. 11B inserted (6.4.2004) by Employment Relations Act 1999 (c. 26), ss. 31,s. 45(1), Sch. 7 para. 5; S.I. 2003/3357, art. 3

12 Regulations and orders. E+W+S

(1) Subject to the next following subsection, the Secretary of State shall have power to make regulations for prescribing anything which under this Act is to be prescribed.

(2) The Secretary of State shall not make any regulations under this Act except after consultation with such bodies as appear to him to be representative of the interests concerned.

(3) Regulations under this Act may make different provision in relation to different cases or classes of case.

(4) The power of the Secretary of State to make regulations and orders under this Act shall be exercisable by statutory instrument.

[F20 (5) Regulations under section 5(1) or 6(1) of this Act shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.

(6) Regulations under section 13(7)(i) of this Act or an order under section 14(3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F20 S. 12(5)(6) substituted (25.10.1999) for s. 12(5) by 1999 c. 26, ss. 31, 45(1), Sch. 7 paras. 1, 6; S.I. 1999/2830, art. 2, Sch. 1 Pt. I

13 Interpretation. E+W

(1) In this Act—

• F21 . . .

• “employment” includes—

  (a)

  employment by way of a professional engagement or otherwise under a contract for services;

  (b)

  the reception in a private household of a person under an arrangement whereby that person is to assist in the domestic work of the household in consideration of receiving hospitality and pocket money or hospitality only;

  and “worker” and “employer” shall be construed accordingly;

• “employment agency” has the meaning assigned by subsection (2) of this section but does not include any arrangements, services, functions or business to which this Act does not apply by virtue of subsection (7) of this section;

• “employment business” has the meaning assigned by subsection (3) of this section but does not include any arrangements, services, functions or business to which this Act does not apply by virtue of subsection (7) of this section;

• “fee” includes any charge however described;

• F21 . . .

• F22 . . .

• “local authority” in relation to England F23 . . ., means a county council, . . . F24 , the Common Council of the City of London, a district council or a London borough council [F25 and in relation to Wales, means a county council or a county borough council] and, in relation to [F26 Scotland means a [F27 council constituted under the Local Government etc. (Scotland) Act 1994]];

• “organisation” includes an association of organisations;

• “organisation of employers” means an organisation which consists wholly or mainly of employers and whose principal objects include the regulation of relations between employers and workers or organisations of workers;

• “organisation of workers” means an organisation which consists wholly or mainly of workers and whose principal objects include the regulation of relations between workers and employers or organisations of employers;

• “prescribed” means prescribed by regulations made under this Act by the Secretary of State;

• [F28 “ prohibition order ” has the meaning given by section 3A(2) of this Act; ]

• F21 . . .

(2) For the purposes of this Act “employment agency” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of providing services (whether by the provision of information or otherwise) for the purpose of finding [F29 persons] employment with employers or of supplying employers with [F29 persons] for employment by them.

(3) For the purposes of this Act “employment business” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity.

(4) The reference in subsection (2) of this section to providing services does not include a reference—

(a) to publishing a newspaper or other publication unless it is published wholly or mainly for the purpose mentioned in that subsection;

(b) to the display by any person of advertisements on premises occupied by him otherwise than for the said purpose; . . . F30 [F31 or

(c) to providing a programme service (within the meaning of the Broadcasting Act 1990).]

(5) For the purposes of section 269 of the M3 Local Government Act 1972, this Act shall be deemed to have been passed after 1st April 1974.

(6) In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment.

(7) This Act does not apply to—

(a) any business which is carried on exclusively for the purpose of obtaining employment for—

(i) persons formerly members of Her Majesty’s naval, military or air forces; or

(ii) persons released from a [F32 custodial sentence passed by a criminal court in the United Kingdom, the Channel Islands or the Isle of Man;]

F33 ...

F33 [F34 ( b )] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33 [F34 ( c )] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) services which are ancillary to the letting upon hire of any aircraft, vessel, vehicle, plant or equipment;

F35 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the exercise by a local authority [F36 , a police authority established under [F37 section 3 of thePolice Act 1996]F38 ...][F39 , [F40 the Inner London Education Authority]or a joint authority established by Part IV of the Local Government Act 1985]of any of their functions;

[F41 (fa) the exercise by the Metropolitan Police Authority of any of its functions;]

[F42 (ff) the exercise by the Broads Authority of any of its functions;]

F43 [( fg ) the exercise by a National Park authority of any of its functions;]

[F44 (fh) the exercise by the London Fire and Emergency Planning Authority of any of its functions;]

(g) services provided by any organisation of employers or organisation of workers for its members;

[F45 (ga) services provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973;]

(h) services provided by an appointments board or service controlled by—

(i) one or more universities;

(ii) a central institution as defined in section 145 of the M4 Education (Scotland) Act 1962 or a college of education as defined in the said section 145;

[F46 (i) any prescribed business or service, or prescribed class of business or service or business or service carried on or provided by prescribed persons or classes of person.]

[F34 Provided that paragraph (b) of this subsection shall not be taken as exempting from the provisions of this Act any other business carried on in conjunction with an agency for the supply of nurses.]

(8) Subsection (7)(c) of this section shall have effect in its application to Scotland as if at the end there were added the words “or mainly or substantially supported by voluntary subscriptions and providing patients with the services of a nurse whether or not the nurse takes up residence in the patient’s house”.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F21 Definitions in s. 13(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F22 Definition repealed by Employment Protection Act 1975 (c. 71), Sch. 18

F23 Words in s. 13(1) repealed (1.4.1996) by 1994 c. 19, ss. 66(6)(8), Sch. 16 para. 41, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F24 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1),s. 102, Sch. 17

F25 Words in s. 13(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 41 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F26 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 208(b)

F27 Words in s. 13(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 90; S.I. 1996/323, art. 4(1)(c)

F28 Definition in s. 13(1) inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(5); S.I. 1994/3188, arts. 2, 3

F29 Word in s. 13(2) substituted (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 7; S.I. 2003/3357, art. 4

F30 Word repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1)(2), Sch. 5 para. 27, Sch. 6

F31 Word “or” and s. 13(4)(c) substituted for s.13(4)(c)(d) by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 18

F32 Words substituted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123(6), Sch. 8 Pt. I paras. 7, 16

F33 S. 13(7)(b)(c) and proviso repealed (1.4.2003 for E. and 2.10.2003 for W.) by Care Standards Act 2000 (c. 14), ss. 111(2), 117(2), 122, Sch. 6; S.I. 2001/3852, art. 3(8)(b)(c) (subject to transitional provisions in Sch. 1) (which commencing S.I. is amended by: S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2); S.I. 2003/2528, art. 2(b)(c)

F34 S. 13(7)(b)(c) and proviso repealed (1.4.2003 for E.) by 2000 c. 14, ss. 111(2), 117(2), 122, Sch. 6; S.I. 2001/3852, art. 3(8)(b)(c) (subject to transitional provisions in Sch. 1) (which commencing S.I. is amended by: S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2)

F35 S. 13(7)(e) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F36 Words in s. 13(7)(f) inserted (1.10.1994 for certain purposes only and 1.4.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 50; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4(1), Sch.

F37 Words in s. 13(7)(f) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(i)

F38 Words in s. 13(7)(f) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 4 para. 19, 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(i)

F39 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 50

F40 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), s. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F41 S. 13(7)(fa) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 37 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F42 S. 13(7)(ff) inserted (E.W.) by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 11

F43 S. 13(7)(fg) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 11 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

F44 S. 13(7)(fh) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 22 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F45 S. 13(7)(ga) inserted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 4; S.I. 1993/2503, art. 2(3), Sch. 3

F46 S. 13(7)(i) substituted (25.10.1999) by 1999 c. 26, s. 31, Sch. 7 paras. 1, 8; S.I. 1999/2850, art. 2(1), Sch. 1 Pt. I

Modifications etc. (not altering text)

C2 S. 13(7)(f) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(j)

C3 S. 13(7)(f) amended by Local Government Act 1985 (c. 51, SIF 81:1), 57(7), Sch. 13 para. 13(e)

C4 S. 13(7)(f) extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(g)

C5 S. 13(7)(f) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2), Sch. 13 para. 20(d) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

Marginal Citations

M3 1972 c. 70.

M4 1962 c. 47.

13 Interpretation. S

(1) In this Act—

• F47 . . .

• “employment” includes—

  (a)

  employment by way of a professional engagement or otherwise under a contract for services;

  (b)

  the reception in a private household of a person under an arrangement whereby that person is to assist in the domestic work of the household in consideration of receiving hospitality and pocket money or hospitality only;

  and “worker” and “employer” shall be construed accordingly;

• “employment agency” has the meaning assigned by subsection (2) of this section but does not include any arrangements, services, functions or business to which this Act does not apply by virtue of subsection (7) of this section;

• “employment business” has the meaning assigned by subsection (3) of this section but does not include any arrangements, services, functions or business to which this Act does not apply by virtue of subsection (7) of this section;

• “fee” includes any charge however described;

• F47 . . .

• F48 . . .

• “local authority” in relation to England F49 . . ., means a county council, . . . F50 , the Common Council of the City of London, a district council or a London borough council [F51 and in relation to Wales, means a county council or a county borough council] and, in relation to [F52 Scotland means a [F53 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

• “organisation” includes an association of organisations;

• “organisation of employers” means an organisation which consists wholly or mainly of employers and whose principal objects include the regulation of relations between employers and workers or organisations of workers;

• “organisation of workers” means an organisation which consists wholly or mainly of workers and whose principal objects include the regulation of relations between workers and employers or organisations of employers;

• “prescribed” means prescribed by regulations made under this Act by the Secretary of State;

• [F54 “ prohibition order ” has the meaning given by section 3A(2) of this Act; ]

• F47 . . .

(2) For the purposes of this Act “employment agency” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of providing services (whether by the provision of information or otherwise) for the purpose of finding [F29 persons] employment with employers or of supplying employers with [F29 persons] for employment by them.

(3) For the purposes of this Act “employment business” means the business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) of supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity.

(4) The reference in subsection (2) of this section to providing services does not include a reference—

(a) to publishing a newspaper or other publication unless it is published wholly or mainly for the purpose mentioned in that subsection;

(b) to the display by any person of advertisements on premises occupied by him otherwise than for the said purpose; . . . F55 [F56 or

(c) to providing a programme service (within the meaning of the Broadcasting Act 1990).]

(5) For the purposes of section 269 of the M5 Local Government Act 1972, this Act shall be deemed to have been passed after 1st April 1974.

(6) In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment.

(7) This Act does not apply to—

(a) any business which is carried on exclusively for the purpose of obtaining employment for—

(i) persons formerly members of Her Majesty’s naval, military or air forces; or

(ii) persons released from a prison, Borstal institution, detention centre or young offenders’ institution

F33 ...

F33 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) services which are ancillary to the letting upon hire of any aircraft, vessel, vehicle, plant or equipment;

F57 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the exercise by a local authority [F58 , a police authority established under [F59 section 3 of thePolice Act 1996]]F38 ...[F60 , [F61 the Inner London Education Authority]or a joint authority established by Part IV of the Local Government Act 1985] of any of their functions;

[F62 (fa) the exercise by the Metropolitan Police Authority of any of its functions;]

[F63 (fh) the exercise by the London Fire and Emergency Planning Authority of any of its functions;]

(g) services provided by any organisation of employers or organisation of workers for its members;

[F64 (ga) services provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973;]

(h) services provided by an appointments board or service controlled by—

(i) one or more universities;

(ii) a central institution as defined in section 145 of the M6 Education (Scotland) Act 1962 or a college of education as defined in the said section 145;

[F65 (i) any prescribed business or service, or prescribed class of business or service or business or service carried on or provided by prescribed persons or classes of person.]

Provided that paragraph (b) of this subsection shall not be taken as exempting from the provisions of this Act any other business carried on in conjunction with an agency for the supply of nurses.

(8) Subsection (7)(c) of this section shall have effect in its application to Scotland as if at the end there were added the words “or mainly or substantially supported by voluntary subscriptions and providing patients with the services of a nurse whether or not the nurse takes up residence in the patient’s house”.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F29 Word in s. 13(2) substituted (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 7; S.I. 2003/3357, art. 4

F33 S. 13(7)(b)(c) and proviso repealed (1.4.2003 for E. and 2.10.2003 for W.) by Care Standards Act 2000 (c. 14), ss. 111(2), 117(2), 122, Sch. 6; S.I. 2001/3852, art. 3(8)(b)(c) (subject to transitional provisions in Sch. 1) (which commencing S.I. is amended by: S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2); S.I. 2003/2528, art. 2(b)(c)

F38 Words in s. 13(7)(f) repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 4 para. 19, 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(i)

F47 Definitions in s. 13(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F48 Definition repealed by Employment Protection Act 1975 (c. 71), Sch. 18

F49 Words in s. 13(1) repealed (1.4.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 41, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F50 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1),s. 102, Sch. 17

F51 Words in s. 13(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 41 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F52 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 208(b)

F53 Words in s. 13(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 90; S.I. 1996/323, art. 4(1)(c)

F54 Definition in s. 13(1) inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(5); S.I. 1994/3188, arts. 2, 3

F55 Word repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1)(2), Sch. 5 para. 27, Sch. 6

F56 Word “or” and s. 13(4)(c) substituted for s.13(4)(c)(d) by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 18

F57 S. 13(7)(e) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3

F58 Words in s. 13(7)(f) inserted (1.10.1994 for certain purposes only and 1.5.1995 otherwise) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 50; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4(1), Sch.

F59 Words in s. 13(7)(f) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(i)

F60 Words in s. 13(7)(f) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 50

F61 Words in s. 13(7)(f) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), s. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F62 S. 13(7)(fa) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 37 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F63 It is provided that s. 13(7)(fh) is inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 22 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(h)

F64 S. 13(7)(ga) inserted (1.4.1994 in relation to England and Scotland and 1.4.1995 for all other purposes) by 1993 c. 19, s. 49(2), Sch. 8 para. 4; S.I. 1993/2503, art. 2(3), Sch. 3

F65 S. 13(7)(i) substituted (25.10.1999) by 1999 c. 26, s. 31, Sch. 7 paras. 1, 8; S.I. 1999/2850, art. 2(1), Sch. 1 Pt. I

Modifications etc. (not altering text)

C6 S. 13(7)(f) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(j)

C7 S. 13(7)(f) amended by Local Government Act 1985 (c. 51, SIF 81:1), 57(7), Sch. 13 para. 13(e)

C8 S. 13(7)(f) extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(g)

Marginal Citations

M5 1972 c. 70.

M6 1962 c. 47.

14 Short title, repeals, commencement and extent. E+W+S

(1) This Act may be cited as the Employment Agencies Act 1973.

X1 (2) The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third colum of that Schedule.

(3) The Secretary of State may, after consultation with such bodies as appear to him to be concerned, by order repeal any provision of any local Act, being a provision which is not specified in Part II of the said Schedule and which appears to him to be unnecessary having regard to the provisions of this Act, or to be inconsistent with the provisions of this Act, and may by that order make such amendments of that or any other local Act as appear to him to be necessary in consequence of the repeal and such transitional provision as appears to him to be necessary or expedient in connection with the matter.

(4) This Act shall come into force on such date as the Secretary of State may by order appoint, and different dates may be appointed for different provisions and for different purposes.

(5) This Act does not extend to Northern Ireland.

Editorial Information

X1 The text of s. 14(2) and Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Subordinate Legislation Made

P1 Power of appointment conferred by s. 14(4) exercised by S.I. 1976/709