Employment Agencies Act 1973

9 Inspection.E+W+S

[F1(A1)This section does not apply to an officer acting for the purposes of this Act in relation to England and Wales if the officer is a labour abuse prevention officer within the meaning of section 114B of the Police and Criminal Evidence Act 1984 (PACE powers for labour abuse prevention officers).]

(1)Any officer [F2acting for the purposes of this Act] 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

[F4(i)]any records or other documents kept in pursuance of this Act or of any regulations made thereunder;

[F5(ii)any financial records or other financial documents not falling within paragraph (i) which he may reasonably require to inspect 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 Secretary of State to exercise his functions under this Act;]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 [F6Secretary of State] to exercise [F6his] functions under this Act[F7; F8...

F8( d )] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(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, [F10the officer may by notice in writing require the person carrying on the employment agency or employment business to furnish him with the record or other document or information at such time and place as he may specify.]

[F11(1AA)Where a person carrying on an employment agency or employment business fails to comply with subsection (1A) in relation to any record or other document or information and the officer has reasonable cause to believe that the record or other document or information is kept by—

(a)a person concerned with the carrying on of the employment agency or employment business, or

(b)a person formerly so concerned,

the officer may by notice in writing require that person to furnish him with the record or other document or information at such time and place as he may specify.

(1AB)Where a person carrying on an employment agency or employment business fails to comply with subsection (1A) in relation to any financial record or other financial document which is kept by a bank, the officer may by notice in writing require the bank to furnish the record or other document to him at such time and place as he may specify.

(1AC) In subsection (1AB), “ bank ” means a person who has permission under [F12Part 4A] of the Financial Services and Markets Act 2000 to accept deposits. ]

[F13(1AD)An officer may take copies of any record or other document inspected by or furnished to him under this section.

(1AE)An officer may, for the purposes of subsection (1AD), remove a record or other document from the premises where it is inspected by or furnished to him; but he must return it as soon as reasonably practicable.]

(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 [F14this section]—

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

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

[F15(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 M1 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 [F16subsection (1)(a) or (b), (1AD) or (1AE)] shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F17level 3 on the standard scale]and any person who, without reasonable excuse, fails to comply with a requirement under[F18subsection (1)(c), (1A), (1AA) or (1AB)] shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F17level 3 on the standard scale].

(4)(a)[F19No information to which this subsection applies 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) . . . F20

[F21(ii)]to the Secretary of State, or an officer [F22acting for the purposes of this Act,] for the purposes of the exercise of their respective functions under this Act; or

[F23(iii)by the Secretary of State, or an officer [F24acting for the purposes of this Act,] 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]

[F21(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 [F25proceedings under section 3A, 3C or 3D of this Act]. [F26or

(v)to an officer acting for the purposes of the National Minimum Wage Act 1998 for any purpose relating to that Act][F27; or

F28(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F29(vii)to an officer acting by virtue of section 26 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); or

(viii)to an officer acting for the purposes of Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 for any purpose relating to that Part; or

(ix)to the Pensions Regulator for the purposes of the exercise of any function of the Regulator; or

(x)to the Care Quality Commission for the purposes of the exercise of any function of the Commission.]

(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 [F17level 5 on the standard scale].

[F30(5)Subsection (4) applies to—

(a)information obtained in the course of exercising the powers conferred by this section,

(b)information obtained pursuant to section 15(5A) of the National Minimum Wage Act 1998, and

(c)information obtained in the course of exercising powers by virtue of section 26(1) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).]

Textual Amendments

F2Words in s. 9(1) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 3(3); S.I. 2016/603, reg. 3(t)

F4Word in s. 9(1)(b) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(2)(a), 22(1)(e)

F5S. 9(1)(b)(ii) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(2)(b), 22(1)(e)

F8S. 9(1)(d) repealed (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(3), 22(1)(e), Sch. Pt. 5

F10Words in s. 9(1A) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(4), 22(1)(e)

F11S. 9(1AA)-(1AC) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(5), 22(1)(e)

F12Words in s. 9(1AC) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 36 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F13S. 9(1AD)(1AE) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(6), 22(1)(e)

F14Words in s. 9(1C) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(7), 22(1)(e)

F15S. 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

F16Words in s. 9(3) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(8)(a), 22(1)(e)

F18Words in s. 9(3) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 16(8)(b), 22(1)(e)

F19Words in s. 9(4)(a) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 3 para. 4(2)(a); S.I. 2016/603, reg. 3(u)

F20S. 9(4)(a)(ii)(iii) repealed by Employment Protection Act 1975 (c. 71), Sch. 18

F22Words in s. 9(4)(a)(ii) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 3(4); S.I. 2016/603, reg. 3(t)

F24Words in s. 9(4)(a)(iii) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 2 para. 3(4); S.I. 2016/603, reg. 3(t)

F25Words 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

F26S. 9(4)(v) and word inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 18(2)(b), 22(1)(f); S.I. 2009/603, art. 2 (with art. 3 Sch.)

F27S. 9(4)(a)(vi) and word inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 46 (with regs. 2, 5)

Modifications etc. (not altering text)

C1S. 9(4): disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 8

Marginal Citations