Meeting of the scientific group on health services research, Alexandria, 1-2 August 1977

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—

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carrying on an employment agency or an employment business under the authority of a licence granted under an enactment repealed by or under this Act may, so long as he complies with any conditions subject to which the licence has been granted, continue to carry on that business under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.

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—

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.

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 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—

Any person who contravenes or fails to comply with any regulation made under this section shall be guilty of an offence and liable—

A reference in subsection (1)(ea) to (ec) of this section to services includes a reference to services in respect of—

Except in such cases or classes of case as the Secretary of State may prescribe—

Any person who contravenes this section shall be guilty of an offence and liable —

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—

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—

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—

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—

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—

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—

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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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; ...

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—

“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—

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.

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—

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—

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.

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—

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

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.

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”.

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—

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.

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—

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.

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 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—

Any person who contravenes or fails to comply with any regulation made under this section shall be guilty of an offence and liable—

A reference in subsection (1)(ea) to (ec) of this section to services includes a reference to services in respect of—

Except in such cases or classes of case as the Secretary of State may prescribe—

Any person who contravenes this section shall be guilty of an offence and liable —

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—

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—

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—

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—

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—

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—

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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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; ...

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—

“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—

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.

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—

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—

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.

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—

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

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.

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”.