Employment Agencies Act 1973 in Scotland

1973 c. 35 · Enacted 18 July 1973 · Extends to England, Wales and Scotland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 5 October 2026.

See the changes not yet applied

Provision	Change	Made by
s. 9(4)(a)(iv)	words repealed	Employment Relations Act 1999 Sch. 7 para. 4(6) Sch. 9(8)
s. 13(8)	substituted	Care Standards Act 2000 s. 111(2)

C1An Act to regulate employment agencies and businesses; and for connected purposes.

[18th July 1973]C2[18th July 1973]

Annotations to the whole text

Modifications

C1: Act excluded by S.I. 1979/1741
C2: 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)

Licences
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
Prohibition orders
3APower to make orders.
3BEnforcement.
3CVariation and revocation of orders.
3DAppeals.
Conduct of employment agencies and employment businesses
5General regulations.
6Restriction on charging persons seeking employment, etc.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
Supplementary provisions
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
8AAppointment of officers Repealed
9Inspection. Repealed
10Fraudulent applications and entries.
11Offences by bodies corporate.
11AOffences: extension of time limit.
11BOffences: cost of investigation.
12Regulations and orders.
14Short title, repeals, commencement and extent.
Schedule: REPEALS
IPart I
IIPart II

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

3APower to make orders.F1

(1)

On application by the Secretary of State, an F2employment tribunal may by order prohibit a person from carrying on, or being concerned with the carrying on of—

(a)

any employment agency or employment business; or

(b)

any specified description of employment agency or employment business.

(2)

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.

(3)

A prohibition order shall be made for a period beginning with the date of the order and ending—

(a)

on a specified date, or

(b)

on the happening of a specified event,

in either case, not more than ten years later.

(4)

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.

(5)

An employment tribunal may make a prohibition order in relation to a body corporate if it is satisfied that—

(a)

any director, secretary, manager or similar officer of the body corporate,

(b)

any person who performs on behalf of the body corporate the functions of a director, secretary, manager or similar officer, or

(c)

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.

(6)

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.

(7)

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.

(8)

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.

(9)

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.

3BEnforcement.F1

Any person who, without reasonable excuse, fails to comply with a prohibition order shall be guilty of an offence and liable F2—

(a)

on conviction on indictment, to a fine;

(b)

on summary conviction, to a fine not exceeding the statutory maximum.

3CVariation and revocation of orders.F1

(1)

On application by the person to whom a prohibition order applies, an F2employment 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.

(2)

An employment tribunal may not, on an application under this section, so vary a prohibition order as to make it more restrictive.

(3)

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.

(4)

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.

3DAppeals.F1

(1)

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 F2employment tribunal under section 3A or 3C of this Act.

(2)

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 M1Act 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.

5General regulations.

(1)

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—

(a)

requiring persons carrying on such agencies and businesses to keep records;

(b)

prescribing the form of such records and the entries to be made in them;

(c)

prescribing qualifications appropriate for persons carrying on such agencies and businesses;

(d)

regulating advertising by persons carrying on such agencies and businesses;

(e)

safeguarding clients’ money deposited with or otherwise received by persons carrying on such agencies and businesses;

F1(ea)

restricting the services which may be provided by persons carrying on such agencies and businesses;

(eb)

regulating the way in which and the terms on which services may be provided by persons carrying on such agencies and businesses;

(ec)

restricting or regulating the charging of fees by persons carrying on such agencies and businesses.

F2(1A)

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

(a)

persons seeking employment outside the United Kingdom;

(b)

persons normally resident outside the United Kingdom seeking employment in the United Kingdom.

(2)

Any person who contravenes or fails to comply with any regulation made under this section shall be guilty of an offence and liableF3—

(a)

on conviction on indictment, to a fine;

(b)

on summary conviction, to a fine not exceeding the statutory maximum.

6Restriction on charging persons seeking employment, etc.

F1(1)

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

(a)

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;

(b)

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;

(c)

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.

(2)

Any person who contravenes this section shall be guilty of an offence and liable F2—

(a)

on conviction on indictment, to a fine;

(b)

on summary conviction, to a fine not exceeding the statutory maximum.

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

8AAppointment of officersF1

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

9Inspection.F1

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

10Fraudulent applications and entries.

F1(1)

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

(2)

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.

(3)

Any person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F2level 5 on the standard scale.

11Offences by bodies corporate.

F1(1)

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.

F2(2)

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.

11AOffences: extension of time limit.F1

(1)

For the purposes of subsection (2) of this section a relevant offence is an offence under section F2 ... F3... 10(2) of this Act for which proceedings are instituted by the Secretary of State.

(2)

Notwithstanding section 127(1) of the M1 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—

(a)

within 3 years after the date of the commission of the offence, and

(b)

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.

(3)

Notwithstanding section 136 of the M2 Criminal Procedure (Scotland) Act 1995 (time limit for prosecuting certain statutory offences) in Scotland proceedings in respect of an offence under section F4 ... F5... 10(2) of this Act may be commenced at any time—

(a)

within 3 years after the date of the commission of the offence, and

(b)

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.

(4)

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.

11BOffences: cost of investigation.F1

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.

12Regulations and orders.

(1)

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.

(2)

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.

(3)

Regulations under this Act may make different provision in relation to different cases or classes of case.

(4)

The power of the Secretary of State to make regulations and orders under this Act shall be exercisable by statutory instrument.

F1(5)

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.

(6)

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.

14Short title, repeals, commencement and extent.F1

(1)

This Act may be cited as the Employment Agencies Act 1973.

X1( 2 )

The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third colum of that Schedule.

(3)

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.

P1( 4 )

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.

(5)

This Act does not extend to Northern Ireland.

I

PUBLIC GENERAL ACTS
Chapter	Short Title	Extent of Repeal
7 Edw. 7.c. 53.	The Public Health Acts Amendment Act 1907.	Section 85.

Employment Agencies Act 1973 in Scotland

Annotations to the whole text

Modifications

Contents