Immigration, Asylum and Nationality Act 2006
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Change 1
14A Application of sections 15 to 24 to other working arrangements
(1) In sections 15 to 24, a reference to a person employing another person includes a reference to— (a) a person (“person A”) engaging an individual (“individual A”) under a worker’s contract, (b) a person (“person B”) engaging an individual sub-contractor (“individual B”), and (c) an online matching service (“person C”) providing the details of an individual who is a service provider (“individual C”) to potential clients or customers. (2) Accordingly— (a) references in sections 15 to 24 to employment include engagement of the kind mentioned in paragraph (a) or (b) of subsection (1) or the provision of details as mentioned in paragraph (c) of that subsection; (b) references in those sections to an employer include person A, person B or person C; (c) references in those sections to an employee include individual A, individual B or individual C. (3) In this section— “worker’s contract” means a contract, other than a contract of service or apprenticeship, under which— individual A undertakes to do or perform personally work or services for person A or another person (whether or not that other person is specified in the contract), and person A is neither a client nor customer of any profession or business undertaking carried on by individual A; “individual sub-contractor” means an individual (“individual B”) who has entered into a contract with person B to provide work or services in circumstances where person B has entered into a contract with a third party to provide, or arrange for the provision of, the work or services but individual B has not; “online matching service” means a person who, in the course of a business— keeps a register of service providers for the purpose of matching them with potential clients or customers, provides an online service by which potential clients or customers can submit enquiries for the purpose of being matched with suitable service providers, and charges a fee or commission in return for making such matches; “service provider” means a person providing, or seeking to provide, work or services for remuneration. (4) Subsection (1)(a), and subsection (2) so far as it has effect in consequence of subsection (1)(a), do not apply if and to the extent that— (a) under the worker’s contract, individual A undertakes to do or perform personally work or services for a person other than person A (whether or not that other person is specified in the contract), and (b) the status of a person for whom individual A does or performs work or services under the contract is that of a client or customer of a profession or business undertaking carried on by individual A. (5) In this section a reference to a contract includes a contract that is express or implied and (if it is express) whether oral or in writing. (6) This section is subject to subsection (2) of section 15A (which provides for subsection (1)(a) of that section not to apply in relation to an online matching service).
14A Application of sections 15 to 24 to other working arrangements
(1) In sections 15 to 24, a reference to a person employing another person includes a reference to— (a) a person (“person A”) engaging an individual (“individual A”) under a worker’s contract, (b) a person (“person B”) engaging an individual sub-contractor (“individual B”), and (c) an online matching service (“person C”) providing the details of an individual who is a service provider (“individual C”) to potential clients or customers. (2) Accordingly— (a) references in sections 15 to 24 to employment include engagement of the kind mentioned in paragraph (a) or (b) of subsection (1) or the provision of details as mentioned in paragraph (c) of that subsection; (b) references in those sections to an employer include person A, person B or person C; (c) references in those sections to an employee include individual A, individual B or individual C. (3) In this section— “worker’s contract” means a contract, other than a contract of service or apprenticeship, under which— individual A undertakes to do or perform personally work or services for person A or another person (whether or not that other person is specified in the contract), and person A is neither a client nor customer of any profession or business undertaking carried on by individual A; “individual sub-contractor” means an individual (“individual B”) who has entered into a contract with person B to provide work or services in circumstances where person B has entered into a contract with a third party to provide, or arrange for the provision of, the work or services but individual B has not; “online matching service” means a person who, in the course of a business— keeps a register of service providers for the purpose of matching them with potential clients or customers, provides an online service by which potential clients or customers can submit enquiries for the purpose of being matched with suitable service providers, and charges a fee or commission in return for making such matches; “service provider” means a person providing, or seeking to provide, work or services for remuneration. (4) Subsection (1)(a), and subsection (2) so far as it has effect in consequence of subsection (1)(a), do not apply if and to the extent that— (a) under the worker’s contract, individual A undertakes to do or perform personally work or services for a person other than person A (whether or not that other person is specified in the contract), and (b) the status of a person for whom individual A does or performs work or services under the contract is that of a client or customer of a profession or business undertaking carried on by individual A. (5) In this section a reference to a contract includes a contract that is express or implied and (if it is express) whether oral or in writing. (6) This section is subject to subsection (2) of section 15A (which provides for subsection (1)(a) of that section not to apply in relation to an online matching service).
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