Immigration, Asylum and Nationality Act 2006
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Change 1
15A Extension of liability under section 15
(1) Subsection (4) applies where a person (“A”)— (a) employs an individual to provide work or services, or (b) is contracted to provide, or arrange for the provision of, work or services and enters into a contract under which another person is to provide, or arrange for the provision of, the work or services (or part of the work or services). (2) The reference in subsection (1)(a) to A employing an individual does not include A doing so as mentioned in section 14A(1)(c) (online matching services). (3) Subsection (4) also applies where— (a) a person (“A”) is an online matching service who provides the details of another person who is a service provider to potential clients or customers, and (b) as a result of being matched by person A, the service provider enters into a contract with a client or customer for the provision of work or services. (4) For the purposes of section 15, and where this would not otherwise be the case, A is to be treated as employing any individual (“B”) who personally provides the work or services (or any part of the work or services), including where— (a) A is not in a contractual relationship with B, or (b) A does not know that B is providing the work or services (or part of the work or services). (5) Subsection (4) applies where A is contracted to provide, or arrange for the provision of, the work or services regardless of whether that contract is the first or any other contract in a chain of contracts to provide, or arrange for the provision of, the work or services (or part of the work or services). (6) This section does not affect the liability of any other employer under section 15. (7) In sections 15, 16, 17, 23 and 24 a reference to a person employing another person includes a reference to a person who is treated as doing so by virtue of subsection (4); and references in those sections to employment, employers and employees are to be construed accordingly. (8) In this section “online matching service” and “service provider” have the same meaning as in section 14A.
15A Extension of liability under section 15
(1) Subsection (4) applies where a person (“A”)— (a) employs an individual to provide work or services, or (b) is contracted to provide, or arrange for the provision of, work or services and enters into a contract under which another person is to provide, or arrange for the provision of, the work or services (or part of the work or services). (2) The reference in subsection (1)(a) to A employing an individual does not include A doing so as mentioned in section 14A(1)(c) (online matching services). (3) Subsection (4) also applies where— (a) a person (“A”) is an online matching service who provides the details of another person who is a service provider to potential clients or customers, and (b) as a result of being matched by person A, the service provider enters into a contract with a client or customer for the provision of work or services. (4) For the purposes of section 15, and where this would not otherwise be the case, A is to be treated as employing any individual (“B”) who personally provides the work or services (or any part of the work or services), including where— (a) A is not in a contractual relationship with B, or (b) A does not know that B is providing the work or services (or part of the work or services). (5) Subsection (4) applies where A is contracted to provide, or arrange for the provision of, the work or services regardless of whether that contract is the first or any other contract in a chain of contracts to provide, or arrange for the provision of, the work or services (or part of the work or services). (6) This section does not affect the liability of any other employer under section 15. (7) In sections 15, 16, 17, 23 and 24 a reference to a person employing another person includes a reference to a person who is treated as doing so by virtue of subsection (4); and references in those sections to employment, employers and employees are to be construed accordingly. (8) In this section “online matching service” and “service provider” have the same meaning as in section 14A.
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