Employment Agencies Act 1973

13 Interpretation.E+W

(1)In this Act—

• “current licence” means a licence granted under this Act which has not expired and which has not been revoked;

• “employment” includes—

(a)employment by way of a professional engagement or otherwise under a contract for services;

(b)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;

• “holder” in relation to a licence includes a person to whom it is deemed to have been transferred under section 2(6) of this Act;

• . . . F1

• “local authority” in relation to England and Wales, means a county council, . . . F2, the Common Council of the City of London, a district council or a London borough council and, in relation to [F3Scotland means a regional, islands or district council];

• “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;

• “seaman” has the same meaning as in the M1Merchant Shipping Act 1894.

(2)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 workers employment with employers or of supplying employers with workers for employment by them.

(3)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 supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity.

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

(a)to publishing a newspaper or other publication unless it is published wholly or mainly for the purpose mentioned in that subsection;

(b)to the display by any person of advertisements on premises occupied by him otherwise than for the said purpose; . . . F4[F5or

(c)to providing a programme service (within the meaning of the Broadcasting Act 1990).]

(5)For the purposes of section 269 of the M2Local Government Act 1972, this Act shall be deemed to have been passed after 1st April 1974.

(6)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.

(7)This Act does not apply to—

(a)any business which is carried on exclusively for the purpose of obtaining employment for—

(i)persons formerly members of Her Majesty’s naval, military or air forces; or

(ii)persons released from a [F6custodial sentence passed by a criminal court in the United Kingdom, the Channel Islands or the Isle of Man;]

and which is certified annually by or on behalf of the Admiralty Board of the Defence Council, the Army Board of the Defence Council or the Air Force Board of the Defence Council or by the Secretary of State (as the case may be) to be properly conducted;

(b)any agency for the supply of nurses as defined in section 8 of the M3Nurses Agencies Act 1957 or section 32 of the M4Nurses (Scotland) Act 1951;

(c)the business carried on by any county or district nursing association or other similar organisation, being an association or organisation established and existing wholly or mainly for the purpose of providing patients with the services of a nurse to visit them in their own homes without herself taking up residence there;

(d)services which are ancillary to the letting upon hire of any aircraft, vessel, vehicle, plant or equipment;

(e)the making of arrangements for finding seamen for persons seeking to employ seamen or for finding employment for seamen;

F7(f)the exercise by a local authority [F8, a police authority established under section 3 of the M5Police Act 1964][F9, [F10the Inner London Education Authority]or a joint authority established by Part IV of the Local Government Act 1985]of any of their functions;

[F11(ff)the exercise by the Broads Authority of any of its functions;]

(g)services provided by any organisation of employers or organisation of workers for its members;

[F12(ga)services provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973;]

(h)services provided by an appointments board or service controlled by—

(i)one or more universities;

(ii)a central institution as defined in section 145 of the M6Education (Scotland) Act 1962 or a college of education as defined in the said section 145;

(i)any business carried on, or any services provided by, such persons or classes of persons as may be prescribed:

(8)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”.

13 Interpretation.S

(1)In this Act—

• “current licence” means a licence granted under this Act which has not expired and which has not been revoked;

• “employment” includes—

(a)employment by way of a professional engagement or otherwise under a contract for services;

(b)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;

• “holder” in relation to a licence includes a person to whom it is deemed to have been transferred under section 2(6) of this Act;

• . . . F13

• “local authority” in relation to England and Wales, means a county council, . . . F14, the Common Council of the City of London, a district council or a London borough council and, in relation to [F15Scotland means a regional, islands or district council];

• “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;

• “seaman” has the same meaning as in the M7Merchant Shipping Act 1894.

(2)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 workers employment with employers or of supplying employers with workers for employment by them.

(3)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 supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity.

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

(a)to publishing a newspaper or other publication unless it is published wholly or mainly for the purpose mentioned in that subsection;

(b)to the display by any person of advertisements on premises occupied by him otherwise than for the said purpose; . . . F16[F17or

(c)to providing a programme service (within the meaning of the Broadcasting Act 1990).]

(5)For the purposes of section 269 of the M8Local Government Act 1972, this Act shall be deemed to have been passed after 1st April 1974.

(6)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.

(7)This Act does not apply to—

(a)any business which is carried on exclusively for the purpose of obtaining employment for—

(i)persons formerly members of Her Majesty’s naval, military or air forces; or

(ii)persons released from a prison, Borstal institution, detention centre or young offenders’ institution

and which is certified annually by or on behalf of the Admiralty Board of the Defence Council, the Army Board of the Defence Council or the Air Force Board of the Defence Council or by the Secretary of State (as the case may be) to be properly conducted;

(b)any agency for the supply of nurses as defined in section 8 of the M9Nurses Agencies Act 1957 or section 32 of the M10Nurses (Scotland) Act 1951;

(c)the business carried on by any county or district nursing association or other similar organisation, being an association or organisation established and existing wholly or mainly for the purpose of providing patients with the services of a nurse to visit them in their own homes without herself taking up residence there;

(d)services which are ancillary to the letting upon hire of any aircraft, vessel, vehicle, plant or equipment;

(e)the making of arrangements for finding seamen for persons seeking to employ seamen or for finding employment for seamen;

(f)the exercise by a local authority [F18, a police authority established under section 3 of the M11Police Act 1964][F19, [F20the Inner London Education Authority]or a joint authority established by Part IV of the Local Government Act 1985] of any of their functions;

(g)services provided by any organisation of employers or organisation of workers for its members;

[F21(ga)services provided in pursuance of arrangements made, or a direction given, under section 10 of the Employment and Training Act 1973;]

(h)services provided by an appointments board or service controlled by—

(i)one or more universities;

(ii)a central institution as defined in section 145 of the M12Education (Scotland) Act 1962 or a college of education as defined in the said section 145;

(i)any business carried on, or any services provided by, such persons or classes of persons as may be prescribed:

(8)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”.