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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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3 provisions
Title and introductory text
2014 No. 3351
Employment Agencies, Etc.
The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2014
Made
15th December 2014
Coming into force in accordance with regulation 1
The Secretary of State, having consulted such bodies as appear to the Secretary of State representative of the interests concerned, makes the following Regulations, in exercise of powers conferred by sections 5(1) and 12(3) of the Employment Agencies Act 1973.
A draft of these Regulations was laid before Parliament in accordance with section 12(5) of the Employment Agencies Act 1973 and approved by a resolution of each House of Parliament.
Propose a change1 Citation and commencement
These Regulations may be cited as the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2014 and shall come into force at the end of the period of 21 days beginning with the day on which they are made.
Propose a change2 Amendment to the Conduct of Employment Agencies and Employment Businesses Regulations 2003
After regulation 27 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 insert—
Advertising in other EEA states
27A. (1) An agency or employment business must not advertise a GB vacancy in an EEA state other than the United Kingdom unless—
(a) it advertises the vacancy in English in Great Britain at the same time as it advertises the vacancy in the other EEA state; or
(b) it has advertised the vacancy in English in Great Britain in the period of 28 days ending with the day on which it advertises the vacancy in the other EEA state.
(2) Paragraph (1) does not apply if the GB vacancy is for a worker to act solely for, and under the control of, the agency or employment business itself.
(3) It is a defence in any proceedings under—
(a) section 5(2) of the Act, or
(b) regulation 30,
in respect of a contravention of paragraph (1) that the agency or employment business believes, on reasonable grounds, that advertising the GB vacancy in English in Great Britain would be disproportionate having regard to the likelihood that such advertising would result in an application from a person with the skills required to fill the vacancy.
(4) For the purposes of this regulation—
(a) references to advertising include causing to be advertised,
(b) advertising on a website is taken to be advertising in all places from which the website can be accessed,
(c) “a GB vacancy” means a vacant position the duties of which are ordinarily to be performed in Great Britain.
Propose a change