COMMENTED by
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Note)

The Conduct of Employment Agencies and Employment Businesses Regulations 2003

This Statutory Instrument has been printed to correct errors in the S.I. of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

STATUTORY INSTRUMENTS

2003 No. 3319

EMPLOYMENT AGENCIES, ETC.

The Conduct of Employment Agencies and Employment Businesses Regulations 2003

Made 17th December 2003

Coming into force

except regulations 26(7) and 32 6th April 2004

regulations 26(7) and 32 6th July 2004

ARRANGEMENT OF REGULATIONS

PART I

General and Interpretation

1. - Citation and commencement

2. - Interpretation

3. - The meaning of "connected"

4. - Transitional and Saving Provisions and Revocation

PART II

General Obligations

5. - Restriction on requiring work-seekers to use additional services

6. - Restriction on detrimental action relating to work-seekers working elsewhere

7. - Restriction on providing work-seekers in industrial disputes

8. - Restriction on paying work-seekers' remuneration

9. - Restriction on agencies and employment businesses purporting to act on a different basis

10. - Restriction on charges to hirers

11. - Entering into a contract on behalf of a client

12. - Prohibition on employment businesses withholding payment to work-seekers on certain grounds

PART III

Requirements to be satisfied before services are provided

13. - Notification of charges and the terms of offers

14. - Requirement to obtain agreement to terms with work-seekers

15. - Content of terms with work-seekers: Employment businesses

16. - Content of terms with work-seekers: Agencies

17. - Requirement to obtain agreement to terms with hirers

PART IV

Requirements to be satisfied in relation to the introduction or supplyof a work-seeker to a hirer

18. - Information to be obtained from a hirer

19. - Confirmation to be obtained about a work-seeker

20. - Steps to be taken for the protection of the work-seeker and the hirer

21. - Provision of information to work-seekers and hirers

22. - Additional requirements where professional qualifications are required or where work-seekers are to work with vulnerable persons

PART V

Special Situations

23. - Situations where more than one agency or employment business is involved

24. - Situations where work-seekers are provided with travel or required to live away from home

PART VI

Client Accounts and Charges to Work-seekers

25. - Client accounts

26. - Circumstances in which fees may be charged to work-seekers

PART VII

Miscellaneous

27. - Advertisements

28. - Confidentiality

29. - Records

30. - Civil liability

31. - Effect of prohibited or unenforceable terms and recoverability of monies

32. - Application of the Regulations to work-seekers which are incorporated

33. - Electronic or other communications

SCHEDULES

1. - Transitional and Saving Provisions

2. - Client accounts

3. - Occupations in respect of which employment agencies may charge fees to work-seekers

4. - Particulars to be included in an agency's or employment business's records relating to work-seekers

5. - Particulars to be included in an agency's or employment business's records relating to hirers

6. - Particulars to be included in an agency's or employment business's records relating to other agencies or employment businesses

Whereas a draft of the following Regulations was laid before Parliament in accordance with section 12(5) of the Employment Agencies Act 1973[1] and approved by a resolution of each House of Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred on her by sections 5(1), 6(1) and 12(3) of the Employment Agencies Act 1973[2] and having consulted such bodies as appear to her to be representative of the interests concerned, hereby makes the following Regulations:

PART I

GENERAL AND INTERPRETATION

Citation and commencement

1. - (1) These Regulations may be cited as the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

(2) With the exception of regulations 26(7) and 32, the Regulations shall come into force on 6th April 2004.

(3) Regulations 26(7) and 32 shall come into force on 6th July 2004.

Interpretation

2. In these Regulations, unless the context otherwise requires -

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