Citation and Commencement

1. These Regulations may be cited as the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 and shall come into force on 6th April 2008.

Amendments to the Conduct of Employment Agencies and Employment Businesses Regulations 2003

2. The Conduct of Employment Agencies and Employment Businesses Regulations 2003(4) are amended as follows.

3. In regulation 5–

(a) for the heading, substitute "Restriction on use of additional services".

(b) the existing provision becomes subsection (1), and after that subsection insert–

"(2) Where the work-seeker uses services for which the Act does not prohibit the charging of a fee, an agency or employment business providing or making provision for such services shall ensure that the work-seeker is able to cancel or withdraw from those services at any time without incurring any detriment or penalty, subject to the work-seeker giving to the provider of those services in paper form or by electronic means notice of five business days or, for services relating to the provision of living accommodation, notice of ten business days.".

4. In regulation 13(1)(b)(iii) after "relates" insert "and a statement of the work-seeker´s right to cancel or withdraw from the service and the notice period required".

5. In regulation 21–

(a) in paragraph (1) substitute "paragraphs (3), (4) and (5)" for "paragraph (3)".

(b) after paragraph (3) insert–

"(4) Subject to paragraphs (3) and (5), where an employment business intends to introduce or supply a work-seeker to a hirer for an assignment of five consecutive business days´ duration or less–

(a) paragraph (1)(a)(i) may be satisfied by the employment business giving to the hirer (whether orally or otherwise) the name of the work-seeker to be supplied and a written confirmation by the employment business that it has complied with regulation 19; and

(b) paragraph (1)(b) may be satisfied, where the employment business has previously provided the work-seeker with the information referred to under that paragraph and that information remains unchanged, by the employment business giving to the work-seeker in paper form or by electronic means the information referred to in regulation 18(a) and (b).

(5) Where, after it has started, an assignment to which paragraph (4) applies is extended beyond a duration of five business days, the information referred to in paragraph (1) which has not already been provided shall be provided in paper form or by electronic means by the end of the eighth business day of the assignment, or by the end of the assignment if sooner.".

6. In regulation 22(3) substitute "paragraph (2)(a) and (b)" for "paragraph (2)(b)".

7. In regulation 26–

(a) at the end of paragraph (5)(c) substitute "; and" for the full stop.

(b) after paragraph (5)(c) insert–

"(d) where an agency proposes to include information about a work-seeker in a publication, for 7 days from the date of the agency and the work-seeker entering into any contract, whether written or oral and whether or not expressly mentioning fees permitted under this paragraph–

(i) no fee permitted under this paragraph shall be payable by the work-seeker;

(ii) the work-seeker shall be entitled without detriment or penalty to cancel or withdraw from any such contract with immediate effect by informing the agency of such cancellation or withdrawal; and

(iii) the agency shall not include the information in the publication.".

8. In regulation 28(1) substitute "Subject to regulation 20 neither" for "Neither".

9. In regulation 32–

(a) for paragraph (2), substitute the following:

"(2) In regulation 5(1) after "upon the work-seeker" insert–

", or the person who is or would be supplied by the work-seeker to carry out the work".".

(b) for paragraph (9), substitute the following:

"(9) Subject to paragraph (12), paragraphs (1) to (8) shall not apply where, before an employment business or agency introduces or supplies to a hirer a work-seeker which is a company–

(a) the work-seeker and the person who is or would be supplied by that work-seeker to carry out the work agree that those paragraphs should not apply, and give notice of that agreement to the employment business or agency; and

(b) the employment business or agency proposing to introduce or supply that work-seeker and person to a hirer informs the hirer of such agreement.".

10. In Schedule 3 insert "clothes, hair or make up stylist," after "make up artist,".

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Conduct of Employment Agencies and Employment Businesses Regulations 2003 ("2003 Regulations").

These Regulations make further provision for the proper conduct of employment agencies and employment businesses; they increase protection for work-seekers, reduce certain regulatory burdens on employment businesses and also make minor clarifications to the 2003 Regulations.

Regulation 3 amends the heading and substance of regulation 5 so that an agency or employment business must ensure that a work-seeker who takes up additional services will be able to give notice to cancel or withdraw from those services without incurring any detriment or penalty.

Regulation 4 amends regulation 13 so as to require an agency or employment business to give a work-seeker a statement of his right to cancel or withdraw from additional services.

Regulation 5 amends regulation 21; it provides that an employment business intending to send a work-seeker to a hirer on a short assignment is required to provide only basic information to a hirer and work seeker.

Regulation 6 corrects a minor drafting error in regulation 22(3) of the 2003 Regulations.

Regulation 7 amends regulation 26; it increases the protection available to work-seekers where agencies propose to charge fees for the inclusion of information about them in a publication.

Regulation 8 amends regulation 28(1) of the 2003 Regulations to clarify its relationship with regulation 20.

Regulation 9 makes minor clarifying changes to regulation 32 of the 2003 Regulations.

Regulation 10 amends Schedule 3 to the 2003 Regulations by inserting additional occupations.

An Impact Assessment of the estimated costs and benefits of these Regulations has been placed in the libraries of both Houses of Parliament. Copies are available to the public from Employment Relations Directorate, Department for Business, Enterprise and Regulatory Reform, 1Victoria Street, London SW1H 0ET and on the BERR website at www.berr.gov.uk.