Employment Agencies Act 1973
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 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. This version of this provision extends to England and Wales only; a separate version has been created for Scotland only. This version of this provision extends to Scotland only; a separate version has been created for England and Wales only. S. 1 repealed (3.1.1995) by 1994 c. 40, ss. 35, 81, Sch. 10 Pt. I para. 1(2), Sch. 17; S.I. 1994/3188, arts. 2, 3 S. 2 repealed (3.1.1995) by 1994 c. 40, ss. 35, 81, Sch. 10 Pt. I para. 1(2), Sch. 17; S.I. 1994/3188, arts. 2, 3 S. 3 repealed (3.1.1995) by 1994 c. 40, ss. 35, 81, Sch. 10 Pt. I para. 1(2), Sch. 17; S.I. 1994/3188, arts. 2, 3 Crossheading inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3 S. 3A inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3 Words in s. 3A(1)(4)-(6) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch. 1 S. 3B inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3 Words in s. 3B substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e) S. 3C inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3 Words in s. 3C substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch. S. 3D inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3 Words in s. 3D substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch. 1 S. 5(1)(ea)(eb)(ec) substituted (25.10.1999) for s. 5(f)(g) and the proviso by 1999 c. 26, s. 31, Sch. 7 paras. 1, 2(2); S.I. 1999/2830, art. 2, Sch. 1 Pt. I S. 5(1A) inserted (25.10.1999) by 1999 c. 26, ss. 31, 45(1), Sch. 7 paras. 1, 2(3); S.I. 1999/2830, art. 2, Sch. 1 Pt. I Words in s. 5(2) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e) S. 6(1) substituted (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 3; S.I. 2003/3357, art. 3 Words in s. 6(2) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e) S. 7 repealed (3.1.1995) by 1994 c. 40, s 81, Sch. 17; S.I. 1994/3188, arts. 2, 3 Ss. 2(4), 8 repealed by Employment Protection Act 1975 (c. 71), Sch. 18 S. 8A omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 2 (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a) S. 9 omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 3 (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a) S. 10(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3 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 S. 11(1): s. 11 renumbered as s. 11(1) (6.4.2009) by Employment Act 2008 (c. 24), ss. 17(a), 22(1)(e) S. 11(2) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 17(b), 22(1)(e) 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 Words in s. 11A(1) repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(e), Sch. Pt. 5 Words in s. 11A(1) omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 4(2) (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a) Words in s. 11A(3) repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(e), Sch. Pt. 5 Words in s. 11A(3) omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 4(3) (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a) 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 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 Definitions in s. 13(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3 Definition repealed by Employment Protection Act 1975 (c. 71), Sch. 18 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 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1),s. 102, Sch. 17 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 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 208(b) 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) 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 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 S. 13(3)-(3B) substituted for s. 13(3) (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 36, 159(3); S.I. 2026/3, reg. 2(17) Word repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1)(2), Sch. 5 para. 27, Sch. 6 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 Words substituted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123(6), Sch. 8 Pt. I paras. 7, 16 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) S. 13(7)(ca) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 64; S.I. 2014/889, art. 3(m) S. 13(7)(e) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3 Words in s. 13(7)(f) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13) , s. 157(1) , Sch. 16 para. 118(a) ; S.I. 2011/3019 , art. 3 , Sch. 1 (with Sch. 2 para. 38 ) 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) Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 50 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 S. 13(7)(fza) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(8); S.I. 2015/994, art. 6(g) S. 13(7)(fzb)(fzc) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 40; S.I. 2009/3318, art. 2(c) S. 13(7)(fzd) inserted (E.W.) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 53 (with s. 247) S. 13(7)(fa)-(fd) substituted for s. 13(7)(fa) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13) , s. 157(1) , Sch. 16 para. 118(b) ; S.I. 2011/3019 , art. 3 , Sch. 1 (with Sch. 2 para. 38 ) 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 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) S. 13(7)(fh) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 48; S.I. 2018/227, reg. 4(c) S. 13(7)(fi) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 33; S.I. 2017/399, reg. 2, Sch. para. 38 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 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 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) 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. Definitions in s. 13(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3 Definition repealed by Employment Protection Act 1975 (c. 71), Sch. 18 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 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1),s. 102, Sch. 17 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 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 208(b) 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) 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 Word repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1)(2), Sch. 5 para. 27, Sch. 6 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 S. 13(7)(e) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3 Words in s. 13(7)(f) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 50 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 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 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 Act excluded by S.I. 1979/1741 Act excluded (1.10.2006 for specified purposes, 6.4.2007 for specified purposes) by Gangmasters (Licensing) Act 2004 (c. 11), ss. 27, 29(1); S.I. 2006/2406, art. 2(f); S.I. 2007/695, art. 2(d) S. 13(7)(f) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(j) S. 13(7)(f) amended by Local Government Act 1985 (c. 51, SIF 81:1), 57(7), Sch. 13 para. 13(e) S. 13(7)(f) extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(g) 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)) S. 13(7)(f) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(j) S. 13(7)(f) amended by Local Government Act 1985 (c. 51, SIF 81:1), 57(7), Sch. 13 para. 13(e) S. 13(7)(f) extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(g) 1992 c. 53. 1980 c. 43. 1995 c. 46. 1972 c. 70. 1962 c. 47. 1972 c. 70. 1962 c. 47. Power of appointment conferred by s. 14(4) exercised by S.I. 1976/709 An Act to regulate employment agencies and businesses; and for connected purposes.
Subject to subsections (2) and (3) of this section, no person shall carry on an employment agency or an employment business at any premises after the date on which this section comes into force unless he is the holder of a current licence from the licensing authority authorising him to carry on such an agency or such a business at those premises.
A person who has duly applied for a licence under this Act before the date mentioned in the foregoing subsection shall not be precluded by that subsection from carrying on an employment agency or an employment business after that date—
until the commencement of the licence ; or
if the application is refused, until the time for appealing against the refusal has expired and, if such an appeal is duly brought, until the time when it is disposed of.
A person who, on the date mentioned in subsection (1) of this section, is carrying on an employment agency or an employment business under the authority of a licence granted under an enactment repealed by or under this Act may, so long as he complies with any conditions subject to which the licence has been granted, continue to carry on that business under the authority of that licence until the licence expires.
Any person who contravenes subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.
An applicant for a licence under this Act shall, not less than twenty-one days before making his application— Provided that this paragraph shall not apply where the applicant is the holder of a current licence or a person who is carrying on an employment agency or an employment business under the authority of a licence granted under an enactment repealed by or under this Act and the carrying on of the employment agency or employment business at the premises in question is authorised by that licence.
display notice of the application in a place where it can conveniently be read by the public on or near the premises at which the employment agency or employment business is or is to be carried on and take such steps as he reasonably can to keep that notice so displayed for a period of twenty-one days ; and
advertise notice of the application in a newspaper approved by the licensing authority:
A notice under paragraph (a) of this subsection—
shall state the name and address of the applicant; and
shall state the situation of the premises at which the employment agency or employment business is or is to be carried on and the class of business carried on or to be carried on at those premises.
An application for a licence shall not be entertained by the licensing authority unless it is made in the prescribed manner and is accompanied—
by the prescribed particulars ; and
where paragraph (a) of this subsection applies, by a certificate, signed by or on behalf of the applicant, stating that he has complied with that paragraph and a copy of the newspaper containing notice of the application.
Subject to the provisions of this section, the licensing authority shall, as soon as reasonably practicable after the receipt of an application for a licence and on payment of the prescribed fee, grant a licence to any person who duly applies for one.
An application for a licence in respect of an employment agency or an employment business may be refused on any of the following grounds, that is to say—
that the applicant is an individual under the age of twenty-one years;
that the applicant is a person who on account of misconduct or for any other sufficient reason is unsuitable to hold a licence in respect of an agency or business of the class in question ;
that any person (other than the applicant) who is or is to be concerned with the carrying on of the employment agency or employment business is a person who on account of misconduct or for any other sufficient reason is unsuitable to be associated with an agency or business of the class in question;
that the premises at which the employment agency or employment business is or is to be carried on are unsuitable in respect of an agency or business of the class in question;
that the employment agency or employment business has been or is being improperly conducted.
The licensing authority shall, within seven days after making a decision on an application for a licence, give notice in writing of the decision to the applicant and such notice shall state, in the case of a decision to refuse a licence, the grounds for the refusal.
Unless revoked under the subsequent provisions of this Act, a licence shall continue in force for one year (or such longer period, not exceeding five years, as the licensing authority may specify in any particular case) beginning with the date specified therein for its commencement: Provided that where the holder of a licence in respect of any premises has duly applied before its expiry for a further licence in respect of those premises, the previous licence shall not expire until the commencement of the further licence or, if the application is refused, until the time for appealing against the refusal has expired and, if such an appeal is duly brought, until it is disposed of.
Where the holder of a licence dies, it shall be deemed to have been transferred on his death, if he was the sole holder, to his personal representatives and, if he was a joint holder, to the surviving holder or holders.
It shall be the duty of the holder of a licence under this Act, within one month of any change in the particulars accompanying the application for that licence under subsection (1) of this section, to give to the licensing authority notice in writing of the change and any person who fails to comply with this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100: Provided that nothing in this subsection shall be taken as authorising the holder of a licence to carry on any business otherwise than in accordance with the provisions of the licence.
Every licence granted under this Act shall be endorsed with notice of the effect of subsection (7) of this section.
A licence under this Act may be revoked by the licensing authority on any of the grounds specified in section 2(3) of this Act.
The licensing authority shall not act under subsection (1) of this section unless they have given not less than one month's notice in writing to the holder of the licence of the grounds on which they propose to revoke the licence and, if the holder makes representations in writing to the licensing authority within one month of the date on which the notice is given or such longer period as the licensing authority may allow, the licensing authority shall have regard to those representations.
On deciding to act under subsection (1) of this section the licensing authority shall give notice in writing of their decision to the holder of the licence stating the grounds for the revocation.
The revocation of a licence by the licensing authority shall not take effect until the time for appealing against the decision of the licensing authority has expired and, if such an appeal is duly brought, until it is disposed of.
Any person who is aggrieved by a decision of the licensing authority— may appeal in the prescribed manner giving the prescribed particulars, to the Secretary of State.
refusing to grant him a licence ; or
revoking a licence of which he is the holder,
An appeal under subsection (1) of this section against any decision shall be brought within twenty-one days of the date on which notice of the decision was given in accordance with the foregoing provisions of this Act.
The Secretary of State may, in such cases as he considers it appropriate to do so, having regard to the nature of the questions which appear to him to arise, direct that an appeal under subsection (1) of this section shall be determined on his behalf by a person appointed by him for the purpose.
Before the determination of an appeal the Secretary of State shall ask the appellant and the licensing authority whether they wish to appear and be heard on the appeal and—
the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid ;
the Secretary of State shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing.
The Tribunals and Inquiries Act 1971 shall apply to a hearing held by a person appointed in pursuance of subsection (3) of this section to determine an appeal as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State included a reference to a decision taken on his behalf by that person.
A person who determines an appeal under subsection (1) of this section on behalf of the Secretary of State and the Secretary of State, if he determines such an appeal, may give such directions as he considers appropriate to give effect to his determination.
The Secretary of State may make regulations to secure the proper conduct of employment agencies and employment businesses and to protect the interests of persons availing themselves of the services of such agencies and businesses, and such regulations may in particular make provision—
requiring persons carrying on such agencies and businesses to keep records;
prescribing the form of such records and the entries to be made in them;
prescribing qualifications appropriate for persons carrying on such agencies and businesses;
regulating advertising by persons carrying on such agencies and businesses;
safeguarding clients’ money deposited with or otherwise received by persons carrying on such agencies and businesses;
regulating the provision of services by persons carrying on such agencies and businesses in respect of persons who seek employment outside the United Kingdom or of persons normally resident outside the United Kingdom who seek employment in the United Kingdom;
restricting the services which may be provided by persons carrying on such agencies and businesses;
regulating the provision of services by persons carrying on such agencies and businesses in respect of persons who are under the age of eighteen years or are undergoing full-time education :
regulating the way in which and the terms on which services may be provided by persons carrying on such agencies and businesses;
restricting or regulating the charging of fees by persons carrying on such agencies and businesses.
Any person who contravenes or fails to comply with any regulation made under this section shall be guilty of an offence and liable—
on conviction on indictment, to a fine;
on summary conviction, to a fine not exceeding the statutory maximum.
A reference in subsection (1)(ea) to (ec) of this section to services includes a reference to services in respect of—
persons seeking employment outside the United Kingdom;
persons normally resident outside the United Kingdom seeking employment in the United Kingdom.
Except in such cases or classes of case as the Secretary of State may prescribe—
a person carrying on an employment agency shall not request or directly or indirectly receive any fee from any person for providing services (whether by the provision of information or otherwise) for the purpose of finding him employment or seeking to find him employment;
a person carrying on an employment business shall not request or directly or indirectly receive any fee from an employee for providing services (whether by the provision of information or otherwise) for the purpose of finding or seeking to find another person, with a view to the employee acting for and under the control of that other person;
a person carrying on an employment business shall not request or directly or indirectly receive any fee from a second person for providing services (whether by the provision of information or otherwise) for the purpose of finding or seeking to find a third person, with a view to the second person becoming employed by the first person and acting for and under the control of the third person.
Any person who contravenes this section shall be guilty of an offence and liable —
on conviction on indictment, to a fine;
on summary conviction, to a fine not exceeding the statutory maximum.
The holder of a licence under this Act in respect of any employment agency or employment business shall keep displayed on the premises to which the licence relates in such a position that it can be readily seen by persons resorting to those premises—
the licence; and
a copy of any regulations under this Act which apply to the employment agency or employment business.
Any person who fails to comply with this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.
On application by the Secretary of State, an employment tribunal may by order prohibit a person from carrying on, or being concerned with the carrying on of—
any employment agency or employment business; or
any specified description of employment agency or employment business.
An order under subsection (1) of this section (in this Act referred to as “a prohibition order”) may either prohibit a person from engaging in an activity altogether or prohibit him from doing so otherwise than in accordance with specified conditions.
A prohibition order shall be made for a period beginning with the date of the order and ending—
on a specified date, or
on the happening of a specified event, in either case, not more than ten years later.
Subject to subsections (5) and (6) of this section, an employment tribunal shall not make a prohibition order in relation to any person unless it is satisfied that he is, on account of his misconduct or for any other sufficient reason, unsuitable to do what the order prohibits.
An employment tribunal may make a prohibition order in relation to a body corporate if it is satisfied that—
any director, secretary, manager or similar officer of the body corporate,
any person who performs on behalf of the body corporate the functions of a director, secretary, manager or similar officer, or
any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.
An employment tribunal may make a prohibition order in relation to a partnership if it is satisfied that any member of the partnership, or any manager employed by the partnership, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.
For the purposes of subsection (4) of this section, where an employment agency or employment business has been improperly conducted, each person who was carrying on, or concerned with the carrying on of, the agency or business at the time, shall be deemed to have been responsible for what happened unless he can show that it happened without his connivance or consent and was not attributable to any neglect on his part.
A person shall not be deemed to fall within subsection (5)(c) of this section by reason only that the directors act on advice given by him in a professional capacity.
In this section—
“director”, in relation to a body corporate whose affairs are controlled by its members, means a member of the body corporate; and
“specified”, in relation to a prohibition order, means specified in the order.
Any person who, without reasonable excuse, fails to comply with a prohibition order shall be guilty of an offence and liable —
on conviction on indictment, to a fine;
on summary conviction, to a fine not exceeding the statutory maximum.
On application by the person to whom a prohibition order applies, an employment tribunal may vary or revoke the order if the tribunal is satisfied that there has been a material change of circumstances since the order was last considered.
An employment tribunal may not, on an application under this section, so vary a prohibition order as to make it more restrictive.
The Secretary of State shall be a party to any proceedings before an employment tribunal with respect to an application under this section, and be entitled to appear and be heard accordingly.
When making a prohibition order or disposing of an application under this section, an employment tribunal may, with a view to preventing the making of vexatious or frivolous applications, by order prohibit the making of an application, or further application, under this section in relation to the prohibition order before such date as the tribunal may specify in the order under this subsection.
An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an employment tribunal under section 3A or 3C of this Act.
No other appeal shall lie from a decision of an employment tribunal under section 3A or 3C of this Act; and section 11 of the Tribunals and Inquiries Act 1992 (appeals from certain tribunals to High Court or Court of Session) shall not apply to proceedings before an employment tribunal under section 3A or 3C of this Act.
Every licensing authority shall, as soon as practicable after 31st December in each year, send to the Secretary of State a report on the exercise of their functions under this Act during that year, being a report containing particulars with respect to such matters arising thereunder as may be prescribed.
A copy of every report made in pursuance of subsection (1) of this section by a licensing authority shall be kept at their offices, shall be open to inspection by any person at all reasonable hours free of charge and shall be supplied to any person on payment of a reasonable charge therefor.
A licensing authority shall give to the Secretary of State such information with respect to the exercise of their functions under this Act as he may from time to time require.
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Any officer of a licensing authority duly authorised by them in that behalf may at all reasonable times on producing, if so required, written evidence of his authority—
enter any premises used or to be used for or in connection with the carrying on of an employment agency or employment business by a person who is the holder of, or who has applied for, a licence under this Act and any other premises which the officer has reasonable cause to believe are used for or in connection with the carrying on of an employment agency or employment business; and
inspect those premises and any records or other documents kept in pursuance of this Act or of any regulations made thereunder ; and
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 licensing authority to exercise their functions under this Act.
A person shall not be required under paragraph (c) of subsection (1) of this section to answer any question tending to incriminate himself or, in the case of a person who is married, his or her wife or husband.
Any person who obstructs an officer in the exercise of his powers under paragraph (a) or (b) of subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50 and any person who, without reasonable excuse, fails to comply with a requirement under paragraph (c) of that subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.
No information obtained in the course of exercising the powers conferred by subsection (1) of this section shall be disclosed except—
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
to a licensing authority, or to the officers or servants of a licensing authority, for the purposes of the exercise of their respective functions under this Act; or
by the officers of a licensing authority, for the purposes of the exercise of their functions under 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
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
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 hearing on an appeal brought under subsection (1) of section 4 of this Act.
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 £400.
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makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular ; or
produces, furnishes, sends or otherwise makes use of a document which he knows is false in a material particular or recklessly produces, furnishes, sends or otherwise makes use of a document which is false in a material particular,
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.
Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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.
Where an offence under this Act committed by a partnership in Scotland is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner or a person purporting to act as a partner, he, as well as the partnership, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
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.
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.
Regulations under this Act may make different provision in relation to different cases or classes of case.
The power of the Secretary of State to make regulations and orders under this Act shall be exercisable by statutory instrument.
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.
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.
In this Act— ... “employment” includes— employment by way of a professional engagement or otherwise under a contract for services; 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; ... ... “local authority” in relation to England ..., means a county council, ..., the Common Council of the City of London, a district council or a London borough council and in relation to Wales, means a county council or a county borough council and, in relation to Scotland means a 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; “prohibition order” has the meaning given by section 3A(2) of this Act; ...
" current licence " means a licence granted under this Act which has not expired and which has not been revoked ;
as respects premises in a London borough, the council of that borough ;
as respects premises in the City of London, the Inner Temple or the Middle Temple, the Common Council of that City ;
as respects premises in a metropolitan district, the council of that district;
as respects premises in a non-metropolitan county, the council of that county ;
as respects premises in a county in Wales, the council of that county ;
" organisation " includes an association of organisations ;
employment by way of a professional engagement or otherwise under a contract for services;
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 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;
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 persons employment with employers or of supplying employers with persons for employment by them.
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 participating in employment arrangements.
The reference in subsection (2) of this section to providing services does not include a reference—
to publishing a newspaper or other publication unless it is published wholly or mainly for the purpose mentioned in that subsection;
to the display by any person of advertisements on premises occupied by him otherwise than for the said purpose; ... or
to providing a programme service (within the meaning of the Broadcasting Act 1990).
“Employment arrangements” means arrangements under which persons who are, or are intended to be, in the employment of a person are, or are intended to be, supplied to act for, and under the control of, another person in any capacity.
For the purposes of section 269 of the Local Government Act 1972, this Act shall be deemed to have been passed after 1st April 1974.
“Participating in” employment arrangements means doing any of the following in connection with the arrangements—
being an employer of the persons who are, or are intended to be, supplied under the arrangements;
paying for, or receiving or forwarding payment for, the services of those persons, in consideration of directly or indirectly receiving a fee from those persons;
supplying those persons (whether or not under the arrangements);
taking steps with a view to doing anything mentioned in paragraphs (a) to (c).
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.
This Act does not apply to— 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.
any business which is carried on exclusively for the purpose of obtaining employment for— ...
persons formerly members of Her Majesty’s naval, military or air forces; or
persons released from a custodial sentence passed by a criminal court in the United Kingdom, the Channel Islands or the Isle of Man;
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services which are ancillary to the letting upon hire of any aircraft, vessel, vehicle, plant or equipment;
an early years childminder agency or a later years childminder agency (as defined in section 98 of the Childcare Act 2006);
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the exercise by a local authority ... ... , ... or a joint authority established by Part IV of the Local Government Act 1985 of any of their functions;
services provided by any organisation of employers or organisation of workers for its members;
services provided by an appointments board or service controlled by—
one or more universities;
a central institution as defined in section 145 of the Education (Scotland) Act 1962 or a college of education as defined in the said section 145;
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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.
the exercise by an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 of any of its functions;
the exercise by a combined authority established under section 103 of that Act of any of its functions;
the exercise by a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 of any of its functions;
the exercise by a police and crime commissioner of any of the commissioner's functions;
the exercise by the Mayor's Office for Policing and Crime of any of that Office's functions;
the exercise by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011 of any of the chief constable's functions;
the exercise by the Commissioner of Police of the Metropolis of any of the Commissioner's functions;
the exercise by the Broads Authority of any of its functions;
the exercise by a National Park authority of any of its functions;
the exercise by the London Fire Commissioner of any of the Commissioner's functions;
the exercise by a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 of any of its functions;
services provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973;
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”.
For the purposes of subsection (2) of this section a relevant offence is an offence under section ... ... 10(2) of this Act for which proceedings are instituted by the Secretary of State.
Notwithstanding section 127(1) of the 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—
within 3 years after the date of the commission of the offence, and
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.
Notwithstanding section 136 of the Criminal Procedure (Scotland) Act 1995 (time limit for prosecuting certain statutory offences) in Scotland proceedings in respect of an offence under section ... ... 10(2) of this Act may be commenced at any time—
within 3 years after the date of the commission of the offence, and
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.
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.
This Act may be cited as the Employment Agencies Act 1973.
The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third colum of that Schedule.
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.
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.
This Act does not extend to Northern Ireland.
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.
In this Act— ... “employment” includes— employment by way of a professional engagement or otherwise under a contract for services; 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; ... ... “local authority” in relation to England ..., means a county council, ..., the Common Council of the City of London, a district council or a London borough council and in relation to Wales, means a county council or a county borough council and, in relation to Scotland means a 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; “prohibition order” has the meaning given by section 3A(2) of this Act; ...
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 persons employment with employers or of supplying employers with persons for employment by them.
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 participating in employment arrangements.
“Employment arrangements” means arrangements under which persons who are, or are intended to be, in the employment of a person are, or are intended to be, supplied to act for, and under the control of, another person in any capacity.
“Participating in” employment arrangements means doing any of the following in connection with the arrangements—
being an employer of the persons who are, or are intended to be, supplied under the arrangements;
paying for, or receiving or forwarding payment for, the services of those persons, in consideration of directly or indirectly receiving a fee from those persons;
supplying those persons (whether or not under the arrangements);
taking steps with a view to doing anything mentioned in paragraphs (a) to (c).
The reference in subsection (2) of this section to providing services does not include a reference—
to publishing a newspaper or other publication unless it is published wholly or mainly for the purpose mentioned in that subsection;
to the display by any person of advertisements on premises occupied by him otherwise than for the said purpose; ... or
to providing a programme service (within the meaning of the Broadcasting Act 1990).
For the purposes of section 269 of the Local Government Act 1972, this Act shall be deemed to have been passed after 1st April 1974.
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.
This Act does not apply to— 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.
any business which is carried on exclusively for the purpose of obtaining employment for— ...
persons formerly members of Her Majesty’s naval, military or air forces; or
persons released from a prison, Borstal institution, detention centre or young offenders’ institution
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an early years childminder agency or a later years childminder agency (as defined in section 98 of the Childcare Act 2006);
services which are ancillary to the letting upon hire of any aircraft, vessel, vehicle, plant or equipment;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the exercise by a local authority ... ... , ... or a joint authority established by Part IV of the Local Government Act 1985 of any of their functions;
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the exercise by an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 of any of its functions;
the exercise by a combined authority established under section 103 of that Act of any of its functions;
the exercise by a police and crime commissioner of any of the commissioner's functions;
the exercise by the Mayor's Office for Policing and Crime of any of that Office's functions;
the exercise by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011 of any of the chief constable's functions;
the exercise by the Commissioner of Police of the Metropolis of any of the Commissioner's functions;
the exercise by the London Fire Commissioner of any of the Commissioner's functions;
the exercise by a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 of any of its functions;
services provided by any organisation of employers or organisation of workers for its members;
services provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973;
services provided by an appointments board or service controlled by—
one or more universities;
a central institution as defined in section 145 of the Education (Scotland) Act 1962 or a college of education as defined in the said section 145;
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.
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”.
PUBLIC GENERAL ACTS Chapter Short Title Extent of Repeal 7 Edw. 7.c. 53. The Public Health Acts Amendment Act 1907. Section 85.
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. This version of this provision extends to England and Wales only; a separate version has been created for Scotland only. This version of this provision extends to Scotland only; a separate version has been created for England and Wales only. S. 1 repealed (3.1.1995) by 1994 c. 40, ss. 35, 81, Sch. 10 Pt. I para. 1(2), Sch. 17; S.I. 1994/3188, arts. 2, 3 S. 2 repealed (3.1.1995) by 1994 c. 40, ss. 35, 81, Sch. 10 Pt. I para. 1(2), Sch. 17; S.I. 1994/3188, arts. 2, 3 S. 3 repealed (3.1.1995) by 1994 c. 40, ss. 35, 81, Sch. 10 Pt. I para. 1(2), Sch. 17; S.I. 1994/3188, arts. 2, 3 Crossheading inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3 S. 3A inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3 Words in s. 3A(1)(4)-(6) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch. 1 S. 3B inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3 Words in s. 3B substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e) S. 3C inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3 Words in s. 3C substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch. S. 3D inserted (3.1.1995) by 1994 c. 40, s. 35, Sch. 10 Pt. I para. 1(3); S.I. 1994/3188, arts. 2, 3 Words in s. 3D substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a); S.I. 1998/1658, art. 2(1), Sch. 1 S. 5(1)(ea)(eb)(ec) substituted (25.10.1999) for s. 5(f)(g) and the proviso by 1999 c. 26, s. 31, Sch. 7 paras. 1, 2(2); S.I. 1999/2830, art. 2, Sch. 1 Pt. I S. 5(1A) inserted (25.10.1999) by 1999 c. 26, ss. 31, 45(1), Sch. 7 paras. 1, 2(3); S.I. 1999/2830, art. 2, Sch. 1 Pt. I Words in s. 5(2) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e) S. 6(1) substituted (6.4.2004) by Employment Relations Act 1999 (c. 26), s. 45(1), Sch. 7 para. 3; S.I. 2003/3357, art. 3 Words in s. 6(2) substituted (6.4.2009) by Employment Act 2008 (c. 24), ss. 15, 22(1)(e) S. 7 repealed (3.1.1995) by 1994 c. 40, s 81, Sch. 17; S.I. 1994/3188, arts. 2, 3 Ss. 2(4), 8 repealed by Employment Protection Act 1975 (c. 71), Sch. 18 S. 8A omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 2 (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a) S. 9 omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 3 (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a) S. 10(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3 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 S. 11(1): s. 11 renumbered as s. 11(1) (6.4.2009) by Employment Act 2008 (c. 24), ss. 17(a), 22(1)(e) S. 11(2) inserted (6.4.2009) by Employment Act 2008 (c. 24), ss. 17(b), 22(1)(e) 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 Words in s. 11A(1) repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(e), Sch. Pt. 5 Words in s. 11A(1) omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 4(2) (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a) Words in s. 11A(3) repealed (6.4.2009) by Employment Act 2008 (c. 24), s. 22(1)(e), Sch. Pt. 5 Words in s. 11A(3) omitted (7.4.2026) by virtue of Employment Rights Act 2025 (c. 36), s. 159(3), Sch. 10 para. 4(3) (with s. 147, Sch. 11); S.I. 2026/323, reg. 4(1)(55)(a) 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 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 Definitions in s. 13(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3 Definition repealed by Employment Protection Act 1975 (c. 71), Sch. 18 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 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1),s. 102, Sch. 17 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 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 208(b) 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) 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 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 S. 13(3)-(3B) substituted for s. 13(3) (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 36, 159(3); S.I. 2026/3, reg. 2(17) Word repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1)(2), Sch. 5 para. 27, Sch. 6 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 Words substituted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123(6), Sch. 8 Pt. I paras. 7, 16 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) S. 13(7)(ca) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 64; S.I. 2014/889, art. 3(m) S. 13(7)(e) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3 Words in s. 13(7)(f) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13) , s. 157(1) , Sch. 16 para. 118(a) ; S.I. 2011/3019 , art. 3 , Sch. 1 (with Sch. 2 para. 38 ) 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) Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 50 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 S. 13(7)(fza) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(8); S.I. 2015/994, art. 6(g) S. 13(7)(fzb)(fzc) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 40; S.I. 2009/3318, art. 2(c) S. 13(7)(fzd) inserted (E.W.) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 53 (with s. 247) S. 13(7)(fa)-(fd) substituted for s. 13(7)(fa) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13) , s. 157(1) , Sch. 16 para. 118(b) ; S.I. 2011/3019 , art. 3 , Sch. 1 (with Sch. 2 para. 38 ) 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 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) S. 13(7)(fh) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 48; S.I. 2018/227, reg. 4(c) S. 13(7)(fi) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 33; S.I. 2017/399, reg. 2, Sch. para. 38 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 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 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) 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. Definitions in s. 13(1) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3 Definition repealed by Employment Protection Act 1975 (c. 71), Sch. 18 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 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1),s. 102, Sch. 17 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 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 208(b) 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) 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 Word repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1)(2), Sch. 5 para. 27, Sch. 6 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 S. 13(7)(e) repealed (3.1.1995) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3188, arts. 2, 3 Words in s. 13(7)(f) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 50 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 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 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 Act excluded by S.I. 1979/1741 Act excluded (1.10.2006 for specified purposes, 6.4.2007 for specified purposes) by Gangmasters (Licensing) Act 2004 (c. 11), ss. 27, 29(1); S.I. 2006/2406, art. 2(f); S.I. 2007/695, art. 2(d) S. 13(7)(f) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(j) S. 13(7)(f) amended by Local Government Act 1985 (c. 51, SIF 81:1), 57(7), Sch. 13 para. 13(e) S. 13(7)(f) extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(g) 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)) S. 13(7)(f) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(j) S. 13(7)(f) amended by Local Government Act 1985 (c. 51, SIF 81:1), 57(7), Sch. 13 para. 13(e) S. 13(7)(f) extended by S.I. 1987/2110, art. 2, Sch. 1 para. 8(g) 1992 c. 53. 1980 c. 43. 1995 c. 46. 1972 c. 70. 1962 c. 47. 1972 c. 70. 1962 c. 47. Power of appointment conferred by s. 14(4) exercised by S.I. 1976/709 An Act to regulate employment agencies and businesses; and for connected purposes.
Subject to subsections (2) and (3) of this section, no person shall carry on an employment agency or an employment business at any premises after the date on which this section comes into force unless he is the holder of a current licence from the licensing authority authorising him to carry on such an agency or such a business at those premises.
A person who has duly applied for a licence under this Act before the date mentioned in the foregoing subsection shall not be precluded by that subsection from carrying on an employment agency or an employment business after that date—
until the commencement of the licence ; or
if the application is refused, until the time for appealing against the refusal has expired and, if such an appeal is duly brought, until the time when it is disposed of.
A person who, on the date mentioned in subsection (1) of this section, is carrying on an employment agency or an employment business under the authority of a licence granted under an enactment repealed by or under this Act may, so long as he complies with any conditions subject to which the licence has been granted, continue to carry on that business under the authority of that licence until the licence expires.
Any person who contravenes subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.
An applicant for a licence under this Act shall, not less than twenty-one days before making his application— Provided that this paragraph shall not apply where the applicant is the holder of a current licence or a person who is carrying on an employment agency or an employment business under the authority of a licence granted under an enactment repealed by or under this Act and the carrying on of the employment agency or employment business at the premises in question is authorised by that licence.
display notice of the application in a place where it can conveniently be read by the public on or near the premises at which the employment agency or employment business is or is to be carried on and take such steps as he reasonably can to keep that notice so displayed for a period of twenty-one days ; and
advertise notice of the application in a newspaper approved by the licensing authority:
A notice under paragraph (a) of this subsection—
shall state the name and address of the applicant; and
shall state the situation of the premises at which the employment agency or employment business is or is to be carried on and the class of business carried on or to be carried on at those premises.
An application for a licence shall not be entertained by the licensing authority unless it is made in the prescribed manner and is accompanied—
by the prescribed particulars ; and
where paragraph (a) of this subsection applies, by a certificate, signed by or on behalf of the applicant, stating that he has complied with that paragraph and a copy of the newspaper containing notice of the application.
Subject to the provisions of this section, the licensing authority shall, as soon as reasonably practicable after the receipt of an application for a licence and on payment of the prescribed fee, grant a licence to any person who duly applies for one.
An application for a licence in respect of an employment agency or an employment business may be refused on any of the following grounds, that is to say—
that the applicant is an individual under the age of twenty-one years;
that the applicant is a person who on account of misconduct or for any other sufficient reason is unsuitable to hold a licence in respect of an agency or business of the class in question ;
that any person (other than the applicant) who is or is to be concerned with the carrying on of the employment agency or employment business is a person who on account of misconduct or for any other sufficient reason is unsuitable to be associated with an agency or business of the class in question;
that the premises at which the employment agency or employment business is or is to be carried on are unsuitable in respect of an agency or business of the class in question;
that the employment agency or employment business has been or is being improperly conducted.
The licensing authority shall, within seven days after making a decision on an application for a licence, give notice in writing of the decision to the applicant and such notice shall state, in the case of a decision to refuse a licence, the grounds for the refusal.
Unless revoked under the subsequent provisions of this Act, a licence shall continue in force for one year (or such longer period, not exceeding five years, as the licensing authority may specify in any particular case) beginning with the date specified therein for its commencement: Provided that where the holder of a licence in respect of any premises has duly applied before its expiry for a further licence in respect of those premises, the previous licence shall not expire until the commencement of the further licence or, if the application is refused, until the time for appealing against the refusal has expired and, if such an appeal is duly brought, until it is disposed of.
Where the holder of a licence dies, it shall be deemed to have been transferred on his death, if he was the sole holder, to his personal representatives and, if he was a joint holder, to the surviving holder or holders.
It shall be the duty of the holder of a licence under this Act, within one month of any change in the particulars accompanying the application for that licence under subsection (1) of this section, to give to the licensing authority notice in writing of the change and any person who fails to comply with this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100: Provided that nothing in this subsection shall be taken as authorising the holder of a licence to carry on any business otherwise than in accordance with the provisions of the licence.
Every licence granted under this Act shall be endorsed with notice of the effect of subsection (7) of this section.
A licence under this Act may be revoked by the licensing authority on any of the grounds specified in section 2(3) of this Act.
The licensing authority shall not act under subsection (1) of this section unless they have given not less than one month's notice in writing to the holder of the licence of the grounds on which they propose to revoke the licence and, if the holder makes representations in writing to the licensing authority within one month of the date on which the notice is given or such longer period as the licensing authority may allow, the licensing authority shall have regard to those representations.
On deciding to act under subsection (1) of this section the licensing authority shall give notice in writing of their decision to the holder of the licence stating the grounds for the revocation.
The revocation of a licence by the licensing authority shall not take effect until the time for appealing against the decision of the licensing authority has expired and, if such an appeal is duly brought, until it is disposed of.
Any person who is aggrieved by a decision of the licensing authority— may appeal in the prescribed manner giving the prescribed particulars, to the Secretary of State.
refusing to grant him a licence ; or
revoking a licence of which he is the holder,
An appeal under subsection (1) of this section against any decision shall be brought within twenty-one days of the date on which notice of the decision was given in accordance with the foregoing provisions of this Act.
The Secretary of State may, in such cases as he considers it appropriate to do so, having regard to the nature of the questions which appear to him to arise, direct that an appeal under subsection (1) of this section shall be determined on his behalf by a person appointed by him for the purpose.
Before the determination of an appeal the Secretary of State shall ask the appellant and the licensing authority whether they wish to appear and be heard on the appeal and—
the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid ;
the Secretary of State shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing.
The Tribunals and Inquiries Act 1971 shall apply to a hearing held by a person appointed in pursuance of subsection (3) of this section to determine an appeal as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State included a reference to a decision taken on his behalf by that person.
A person who determines an appeal under subsection (1) of this section on behalf of the Secretary of State and the Secretary of State, if he determines such an appeal, may give such directions as he considers appropriate to give effect to his determination.
The Secretary of State may make regulations to secure the proper conduct of employment agencies and employment businesses and to protect the interests of persons availing themselves of the services of such agencies and businesses, and such regulations may in particular make provision—
requiring persons carrying on such agencies and businesses to keep records;
prescribing the form of such records and the entries to be made in them;
prescribing qualifications appropriate for persons carrying on such agencies and businesses;
regulating advertising by persons carrying on such agencies and businesses;
safeguarding clients’ money deposited with or otherwise received by persons carrying on such agencies and businesses;
regulating the provision of services by persons carrying on such agencies and businesses in respect of persons who seek employment outside the United Kingdom or of persons normally resident outside the United Kingdom who seek employment in the United Kingdom;
restricting the services which may be provided by persons carrying on such agencies and businesses;
regulating the provision of services by persons carrying on such agencies and businesses in respect of persons who are under the age of eighteen years or are undergoing full-time education :
regulating the way in which and the terms on which services may be provided by persons carrying on such agencies and businesses;
restricting or regulating the charging of fees by persons carrying on such agencies and businesses.
Any person who contravenes or fails to comply with any regulation made under this section shall be guilty of an offence and liable—
on conviction on indictment, to a fine;
on summary conviction, to a fine not exceeding the statutory maximum.
A reference in subsection (1)(ea) to (ec) of this section to services includes a reference to services in respect of—
persons seeking employment outside the United Kingdom;
persons normally resident outside the United Kingdom seeking employment in the United Kingdom.
Except in such cases or classes of case as the Secretary of State may prescribe—
a person carrying on an employment agency shall not request or directly or indirectly receive any fee from any person for providing services (whether by the provision of information or otherwise) for the purpose of finding him employment or seeking to find him employment;
a person carrying on an employment business shall not request or directly or indirectly receive any fee from an employee for providing services (whether by the provision of information or otherwise) for the purpose of finding or seeking to find another person, with a view to the employee acting for and under the control of that other person;
a person carrying on an employment business shall not request or directly or indirectly receive any fee from a second person for providing services (whether by the provision of information or otherwise) for the purpose of finding or seeking to find a third person, with a view to the second person becoming employed by the first person and acting for and under the control of the third person.
Any person who contravenes this section shall be guilty of an offence and liable —
on conviction on indictment, to a fine;
on summary conviction, to a fine not exceeding the statutory maximum.
The holder of a licence under this Act in respect of any employment agency or employment business shall keep displayed on the premises to which the licence relates in such a position that it can be readily seen by persons resorting to those premises—
the licence; and
a copy of any regulations under this Act which apply to the employment agency or employment business.
Any person who fails to comply with this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.
On application by the Secretary of State, an employment tribunal may by order prohibit a person from carrying on, or being concerned with the carrying on of—
any employment agency or employment business; or
any specified description of employment agency or employment business.
An order under subsection (1) of this section (in this Act referred to as “a prohibition order”) may either prohibit a person from engaging in an activity altogether or prohibit him from doing so otherwise than in accordance with specified conditions.
A prohibition order shall be made for a period beginning with the date of the order and ending—
on a specified date, or
on the happening of a specified event, in either case, not more than ten years later.
Subject to subsections (5) and (6) of this section, an employment tribunal shall not make a prohibition order in relation to any person unless it is satisfied that he is, on account of his misconduct or for any other sufficient reason, unsuitable to do what the order prohibits.
An employment tribunal may make a prohibition order in relation to a body corporate if it is satisfied that—
any director, secretary, manager or similar officer of the body corporate,
any person who performs on behalf of the body corporate the functions of a director, secretary, manager or similar officer, or
any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.
An employment tribunal may make a prohibition order in relation to a partnership if it is satisfied that any member of the partnership, or any manager employed by the partnership, is unsuitable, on account of his misconduct or for any other sufficient reason, to do what the order prohibits.
For the purposes of subsection (4) of this section, where an employment agency or employment business has been improperly conducted, each person who was carrying on, or concerned with the carrying on of, the agency or business at the time, shall be deemed to have been responsible for what happened unless he can show that it happened without his connivance or consent and was not attributable to any neglect on his part.
A person shall not be deemed to fall within subsection (5)(c) of this section by reason only that the directors act on advice given by him in a professional capacity.
In this section—
“director”, in relation to a body corporate whose affairs are controlled by its members, means a member of the body corporate; and
“specified”, in relation to a prohibition order, means specified in the order.
Any person who, without reasonable excuse, fails to comply with a prohibition order shall be guilty of an offence and liable —
on conviction on indictment, to a fine;
on summary conviction, to a fine not exceeding the statutory maximum.
On application by the person to whom a prohibition order applies, an employment tribunal may vary or revoke the order if the tribunal is satisfied that there has been a material change of circumstances since the order was last considered.
An employment tribunal may not, on an application under this section, so vary a prohibition order as to make it more restrictive.
The Secretary of State shall be a party to any proceedings before an employment tribunal with respect to an application under this section, and be entitled to appear and be heard accordingly.
When making a prohibition order or disposing of an application under this section, an employment tribunal may, with a view to preventing the making of vexatious or frivolous applications, by order prohibit the making of an application, or further application, under this section in relation to the prohibition order before such date as the tribunal may specify in the order under this subsection.
An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an employment tribunal under section 3A or 3C of this Act.
No other appeal shall lie from a decision of an employment tribunal under section 3A or 3C of this Act; and section 11 of the Tribunals and Inquiries Act 1992 (appeals from certain tribunals to High Court or Court of Session) shall not apply to proceedings before an employment tribunal under section 3A or 3C of this Act.
Every licensing authority shall, as soon as practicable after 31st December in each year, send to the Secretary of State a report on the exercise of their functions under this Act during that year, being a report containing particulars with respect to such matters arising thereunder as may be prescribed.
A copy of every report made in pursuance of subsection (1) of this section by a licensing authority shall be kept at their offices, shall be open to inspection by any person at all reasonable hours free of charge and shall be supplied to any person on payment of a reasonable charge therefor.
A licensing authority shall give to the Secretary of State such information with respect to the exercise of their functions under this Act as he may from time to time require.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any officer of a licensing authority duly authorised by them in that behalf may at all reasonable times on producing, if so required, written evidence of his authority—
enter any premises used or to be used for or in connection with the carrying on of an employment agency or employment business by a person who is the holder of, or who has applied for, a licence under this Act and any other premises which the officer has reasonable cause to believe are used for or in connection with the carrying on of an employment agency or employment business; and
inspect those premises and any records or other documents kept in pursuance of this Act or of any regulations made thereunder ; and
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 licensing authority to exercise their functions under this Act.
A person shall not be required under paragraph (c) of subsection (1) of this section to answer any question tending to incriminate himself or, in the case of a person who is married, his or her wife or husband.
Any person who obstructs an officer in the exercise of his powers under paragraph (a) or (b) of subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50 and any person who, without reasonable excuse, fails to comply with a requirement under paragraph (c) of that subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.
No information obtained in the course of exercising the powers conferred by subsection (1) of this section shall be disclosed except—
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
to a licensing authority, or to the officers or servants of a licensing authority, for the purposes of the exercise of their respective functions under this Act; or
by the officers of a licensing authority, for the purposes of the exercise of their functions under 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
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
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 hearing on an appeal brought under subsection (1) of section 4 of this Act.
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 £400.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular ; or
produces, furnishes, sends or otherwise makes use of a document which he knows is false in a material particular or recklessly produces, furnishes, sends or otherwise makes use of a document which is false in a material particular,
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.
Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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.
Where an offence under this Act committed by a partnership in Scotland is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner or a person purporting to act as a partner, he, as well as the partnership, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
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.
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.
Regulations under this Act may make different provision in relation to different cases or classes of case.
The power of the Secretary of State to make regulations and orders under this Act shall be exercisable by statutory instrument.
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.
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.
In this Act— ... “employment” includes— employment by way of a professional engagement or otherwise under a contract for services; 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; ... ... “local authority” in relation to England ..., means a county council, ..., the Common Council of the City of London, a district council or a London borough council and in relation to Wales, means a county council or a county borough council and, in relation to Scotland means a 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; “prohibition order” has the meaning given by section 3A(2) of this Act; ...
" current licence " means a licence granted under this Act which has not expired and which has not been revoked ;
as respects premises in a London borough, the council of that borough ;
as respects premises in the City of London, the Inner Temple or the Middle Temple, the Common Council of that City ;
as respects premises in a metropolitan district, the council of that district;
as respects premises in a non-metropolitan county, the council of that county ;
as respects premises in a county in Wales, the council of that county ;
" organisation " includes an association of organisations ;
employment by way of a professional engagement or otherwise under a contract for services;
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 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;
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 persons employment with employers or of supplying employers with persons for employment by them.
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 participating in employment arrangements.
The reference in subsection (2) of this section to providing services does not include a reference—
to publishing a newspaper or other publication unless it is published wholly or mainly for the purpose mentioned in that subsection;
to the display by any person of advertisements on premises occupied by him otherwise than for the said purpose; ... or
to providing a programme service (within the meaning of the Broadcasting Act 1990).
“Employment arrangements” means arrangements under which persons who are, or are intended to be, in the employment of a person are, or are intended to be, supplied to act for, and under the control of, another person in any capacity.
For the purposes of section 269 of the Local Government Act 1972, this Act shall be deemed to have been passed after 1st April 1974.
“Participating in” employment arrangements means doing any of the following in connection with the arrangements—
being an employer of the persons who are, or are intended to be, supplied under the arrangements;
paying for, or receiving or forwarding payment for, the services of those persons, in consideration of directly or indirectly receiving a fee from those persons;
supplying those persons (whether or not under the arrangements);
taking steps with a view to doing anything mentioned in paragraphs (a) to (c).
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.
This Act does not apply to— 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.
any business which is carried on exclusively for the purpose of obtaining employment for— ...
persons formerly members of Her Majesty’s naval, military or air forces; or
persons released from a custodial sentence passed by a criminal court in the United Kingdom, the Channel Islands or the Isle of Man;
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services which are ancillary to the letting upon hire of any aircraft, vessel, vehicle, plant or equipment;
an early years childminder agency or a later years childminder agency (as defined in section 98 of the Childcare Act 2006);
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the exercise by a local authority ... ... , ... or a joint authority established by Part IV of the Local Government Act 1985 of any of their functions;
services provided by any organisation of employers or organisation of workers for its members;
services provided by an appointments board or service controlled by—
one or more universities;
a central institution as defined in section 145 of the Education (Scotland) Act 1962 or a college of education as defined in the said section 145;
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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.
the exercise by an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 of any of its functions;
the exercise by a combined authority established under section 103 of that Act of any of its functions;
the exercise by a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 of any of its functions;
the exercise by a police and crime commissioner of any of the commissioner's functions;
the exercise by the Mayor's Office for Policing and Crime of any of that Office's functions;
the exercise by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011 of any of the chief constable's functions;
the exercise by the Commissioner of Police of the Metropolis of any of the Commissioner's functions;
the exercise by the Broads Authority of any of its functions;
the exercise by a National Park authority of any of its functions;
the exercise by the London Fire Commissioner of any of the Commissioner's functions;
the exercise by a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 of any of its functions;
services provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973;
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”.
For the purposes of subsection (2) of this section a relevant offence is an offence under section ... ... 10(2) of this Act for which proceedings are instituted by the Secretary of State.
Notwithstanding section 127(1) of the 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—
within 3 years after the date of the commission of the offence, and
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.
Notwithstanding section 136 of the Criminal Procedure (Scotland) Act 1995 (time limit for prosecuting certain statutory offences) in Scotland proceedings in respect of an offence under section ... ... 10(2) of this Act may be commenced at any time—
within 3 years after the date of the commission of the offence, and
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.
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.
This Act may be cited as the Employment Agencies Act 1973.
The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third colum of that Schedule.
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.
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.
This Act does not extend to Northern Ireland.
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.
In this Act— ... “employment” includes— employment by way of a professional engagement or otherwise under a contract for services; 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; ... ... “local authority” in relation to England ..., means a county council, ..., the Common Council of the City of London, a district council or a London borough council and in relation to Wales, means a county council or a county borough council and, in relation to Scotland means a 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; “prohibition order” has the meaning given by section 3A(2) of this Act; ...
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 persons employment with employers or of supplying employers with persons for employment by them.
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 participating in employment arrangements.
“Employment arrangements” means arrangements under which persons who are, or are intended to be, in the employment of a person are, or are intended to be, supplied to act for, and under the control of, another person in any capacity.
“Participating in” employment arrangements means doing any of the following in connection with the arrangements—
being an employer of the persons who are, or are intended to be, supplied under the arrangements;
paying for, or receiving or forwarding payment for, the services of those persons, in consideration of directly or indirectly receiving a fee from those persons;
supplying those persons (whether or not under the arrangements);
taking steps with a view to doing anything mentioned in paragraphs (a) to (c).
The reference in subsection (2) of this section to providing services does not include a reference—
to publishing a newspaper or other publication unless it is published wholly or mainly for the purpose mentioned in that subsection;
to the display by any person of advertisements on premises occupied by him otherwise than for the said purpose; ... or
to providing a programme service (within the meaning of the Broadcasting Act 1990).
For the purposes of section 269 of the Local Government Act 1972, this Act shall be deemed to have been passed after 1st April 1974.
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.
This Act does not apply to— 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.
any business which is carried on exclusively for the purpose of obtaining employment for— ...
persons formerly members of Her Majesty’s naval, military or air forces; or
persons released from a prison, Borstal institution, detention centre or young offenders’ institution
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an early years childminder agency or a later years childminder agency (as defined in section 98 of the Childcare Act 2006);
services which are ancillary to the letting upon hire of any aircraft, vessel, vehicle, plant or equipment;
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the exercise by a local authority ... ... , ... or a joint authority established by Part IV of the Local Government Act 1985 of any of their functions;
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the exercise by an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 of any of its functions;
the exercise by a combined authority established under section 103 of that Act of any of its functions;
the exercise by a police and crime commissioner of any of the commissioner's functions;
the exercise by the Mayor's Office for Policing and Crime of any of that Office's functions;
the exercise by a chief constable established under section 2 of the Police Reform and Social Responsibility Act 2011 of any of the chief constable's functions;
the exercise by the Commissioner of Police of the Metropolis of any of the Commissioner's functions;
the exercise by the London Fire Commissioner of any of the Commissioner's functions;
the exercise by a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 of any of its functions;
services provided by any organisation of employers or organisation of workers for its members;
services provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973;
services provided by an appointments board or service controlled by—
one or more universities;
a central institution as defined in section 145 of the Education (Scotland) Act 1962 or a college of education as defined in the said section 145;
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.
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”.
PUBLIC GENERAL ACTS Chapter Short Title Extent of Repeal 7 Edw. 7.c. 53. The Public Health Acts Amendment Act 1907. Section 85.