Captured statutory text (L5)
23 Situations where more than one agency or employment business is involved
(1)An agency (“A”) acting for a work-seeker whom it is permitted by regulation 26(1) to charge for work-finding services may not enter into any contract or arrangement with another agency (“B”) with a view to B providing or facilitating the provision of such services in relation to the work-seeker unless—
(a)A has ensured that the hirer has been informed that any payment due to the work-seeker must be paid either directly to the work-seeker, or to A, rather than to B; or
(b)A and B have agreed that B may receive any payment due to the work-seeker and the following conditions are met—
(i)they have agreed that B shall pass the monies to A or to the work-seeker within 10 days of receipt by B of the same;
(ii)provided that the applicable law of the agreement between A and B does not prevent it, they have agreed that the work-seeker may enforce the term referred to in sub-paragraph (b)(i) in the event that B fails to pass the monies to A or the work-seeker within the 10 day period; and
(iii)the terms of the agreement reached between A and B in accordance with sub-paragraphs (b)(i) and (ii) are recorded in paper form or by electronic means.
(2)Neither an agency nor an employment business (“A”) may assign or sub-contract any of its obligations under any contract or arrangement with a work-seeker or hirer to another agency or employment business (“B”) unless—
(a)A has obtained the prior consent of the work-seeker or hirer for whom it acts to B performing those obligations in place of A;
(b)the terms upon which those obligations are assigned or sub-contracted are recorded in a single document; and
(c)A has given the work-seeker or hirer, for whom it acts, a copy of that document.
Full captured verbatim text
(1) An agency (“A”) acting for a work-seeker whom it is permitted by regulation 26(1) to charge for work-finding services may not enter into any contract or arrangement with another agency (“B”) with a view to B providing or facilitating the provision of such services in relation to the work-seeker unless— (a) A has ensured that the hirer has been informed that any payment due to the work-seeker must be paid either directly to the work-seeker, or to A, rather than to B; or (b) A and B have agreed that B may receive any payment due to the work-seeker and the following conditions are met— (i) they have agreed that B shall pass the monies to A or to the work-seeker within 10 days of receipt by B of the same; (ii) provided that the applicable law of the agreement between A and B does not prevent it, they have agreed that the work-seeker may enforce the term referred to in sub-paragraph (b)(i) in the event that B fails to pass the monies to A or the work-seeker within the 10 day period; and (iii) the terms of the agreement reached between A and B in accordance with sub-paragraphs (b)(i) and (ii) are recorded in paper form or by electronic means. (2) Neither an agency nor an employment business (“A”) may assign or sub-contract any of its obligations under any contract or arrangement with a work-seeker or hirer to another agency or employment business (“B”) unless— (a) A has obtained the prior consent of the work-seeker or hirer for whom it acts to B performing those obligations in place of A; (b) the terms upon which those obligations are assigned or sub-contracted are recorded in a single document; and (c) A has given the work-seeker or hirer, for whom it acts, a copy of that document.