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- Point in Time (06/04/2008)
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Version Superseded: 08/05/2016
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There are currently no known outstanding effects for the The Conduct of Employment Agencies and Employment Businesses Regulations 2003, Section 23.
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23.—(1) Neither an agency nor an employment business (“A”) may enter into any contract or arrangement with another agency or employment business (“B”) with a view to B providing or facilitating the provision to a work-seeker or a hirer of any services of an agency or an employment business unless—
(a)A has made enquiries to ascertain that B is suitable to act as an agency or employment business and received satisfactory answers to those enquiries;
(b)A and B have agreed in what capacity each of them will act, namely whether as an agency or an employment business;
(c)where A is acting as an agency in relation to a work-seeker whom it is permitted by regulation 26(1) to charge for work-finding services,—
(i)A has ensured that the hirer has been informed that any payment due to the work-seeker must be paid either directly to the work-seeker, or to A, rather than to B; or
(ii)where A and B have agreed that B may receive any payment due to the work-seeker—
(aa)they have agreed that B shall pass the monies to A or to the work-seeker within 10 days of receipt by B of the same; and
(bb)provided that the applicable law of the agreement between A and B does not prevent it, they have agreed that the work-seeker may enforce the term referred to in sub-paragraph (c)(ii)(aa) in the event that B fails to pass the monies to A or the work-seeker within the 10 day period referred to therein; and
(d)the terms of the agreement reached between A and B in accordance with sub-paragraphs (b) and (c)(ii) are recorded in paper form or by electronic means.
(2) Neither an agency nor an employment business (“A”) may assign or sub-contract any of its obligations under any contract or arrangement with a work-seeker or hirer to another agency or employment business (“B”) unless—
(a)A has obtained the prior consent of the work-seeker or hirer for whom it acts to B performing those obligations in place of A;
(b)the terms upon which those obligations are assigned or sub-contracted are recorded in a single document; and
(c)A has given the work-seeker or hirer, for whom it acts, a copy of that document.
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