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Employment Agencies (Registration) (Jersey) Order 1970


Published: 2014-01-01

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Employment Agencies (Registration) (Jersey) Order 1970

Revised Edition

05.250.30

Showing the law as at 1 January 2014

This is a revised edition of the law

Employment Agencies (Registration) (Jersey) Order 1970

Arrangement

Article

1            ‎

2            ‎

3            ‎

SCHEDULE

APPLICATION BY A PERSON, NOT BEING A BODY CORPORATE, FOR REGISTRATION AS A PERSON CARRYING ON AN EMPLOYMENT AGENCY

APPLICATION BY A BODY CORPORATE FOR REGISTRATION AS A PERSON CARRYING ON AN EMPLOYMENT AGENCY

Supporting Documents

Endnotes

Table of Legislation History

Table of Endnote References



Employment Agencies (Registration) (Jersey) Order 1970[1]

THE EMPLOYMENT AND SOCIAL SECURITY COMMITTEE, in pursuance of Articles 3 and 12 of the Employment Agencies (Registration) (Jersey) Law 1969,[2] orders as follows –

Commencement [see endnotes]

1      ‎

Every application for registration as a person carrying on an employment agency shall be in the appropriate form set out in the Schedule to this Order.

2      ‎

The fee payable on every such application shall be £125.[3]

3      ‎

This Order may be cited as the Employment Agencies (Registration) (Jersey) Order 1970.

SCHEDULE[4]

APPLICATION BY A PERSON, NOT BEING A BODY CORPORATE, FOR REGISTRATION AS A PERSON CARRYING ON AN EMPLOYMENT AGENCY

____________



I, (a)....................................................................................................................



being ordinarily resident in Jersey at (b)..............................................................



..............................................................................................................................



hereby apply for registration as a person carrying on an employment agency



AND I hereby declare that –



1.



I was born on the day of  19/20 at .........................................................................................................



2.



The following person is the manager of my employment agency, namely (c)



 



NAME



ADDRESS



DATE OF BIRTH



PLACE OF BIRTH



 



............



...................



.............................



................................



3.



In the event of the above named manager being unfit or unable or unwilling to manage the agency or in the event of the above named manager being out of Jersey, the following person will be appointed to run the agency, namely (d)



 



NAME



ADDRESS



DATE OF BIRTH



PLACE OF BIRTH



 



............



...................



.............................



................................



4.



The nature of the agency, the services it supplies and the method by which the employment agency is conducted is as follows, namely (e)



 



...........................................................................................................
...........................................................................................................
...........................................................................................................



5.



The extent of my interest in any other employment agency, whether or not conducted within Jersey, is as follows, namely (f)



 



...........................................................................................................
...........................................................................................................



6.



The following are the fees, charges, rewards, deposits or remuneration receivable by the agency for its services and the means by which such fees, charges, rewards or remuneration are obtained, namely (g)



 



...........................................................................................................
...........................................................................................................



7.



The following employment agency activity, whether or not conducted within Jersey, has been carried on by myself or is activity in respect of which I have been associated for business purposes (h)



 



...........................................................................................................
...........................................................................................................



8.



The following persons are employees in the employment agency, namely (i)



 



...........................................................................................................
...........................................................................................................



9.



In the event of any new employee being employed or of an employee ceasing to be employed in the agency I will notify the Minister for Social Security accordingly within 5 days



10.



I have not within the 12 months immediately preceding the date of this application been refused registration as a person carrying on an employment agency (j)



11.



I have not at any time been convicted of an offence –



 



(a)



under the registration of Employment Agencies (Registration) (Jersey) Law 1969, or any Order made thereunder;



 



(b)



within the Commonwealth, conviction for which offence necessarily involved a finding that I acted indecently towards another person or that I acted in such a way as to corrupt morals;



 



(c)



involving fraud or dishonesty;



 



 



Save as follows (k)



12.



If the application for registration is granted, I will carry on the employment agency –



 



(i)



under the style (l)



 



(ii)



on the premises (m)



13.



The particulars I have given above are true and accurate and I understand the provisions of the Employment Agencies (Registration) (Code of Conduct) (Jersey) Order 1970.



Dated this day of , 20 .



............................................................



(Signature of applicant).



YOUR ATTENTION IS DRAWN TO THE FOLLOWING PROVISIONS OF THE EMPLOYMENT AGENCIES (REGISTRATION) (JERSEY) LAW 1969



Article 2.



Duty to register.



 



No person shall carry on an employment agency at any premises unless the person is for the time being registered.



Article 5.



Penalty for failure to register or to comply with registration conditions.



 



If any person –



 



 



(a)



contravenes the provisions of Article 2 of this Law; or



 



 



(b)



fails to comply with any condition attached to the person’s registration,



 



the person shall for each offence be liable to a fine not exceeding £1,000 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.



Article 9.



False statements.



 



Any person who, in furnishing any information for any of the purposes of this Law or of any Order made thereunder, makes any statement which to the person’s knowledge is false in a material particular, shall be liable to a fine not exceeding £1,000 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.



NOTES



(a)



Insert full name of applicant.



(b)



Insert address of applicant.



(c)



If you do not employ a manager but run the business yourself, state “none”.



(d)



If you do not employ a substitute manager, state “none”.



(e)



Insert particulars of the nature of the agency (i.e. the type of employment in respect of which the agency finds applicants work e.g. “general” or “theatrical”), the services it supplies (including the finding of accommodation in conjunction with applications for work) and the procedure by which work is found for persons (enclosing an application form). If the nature of the agency, or of a service supplied, relates in whole or in part to the recruitment and placement of seafarers, state “Recruitment and placement of seafarers”.



(f)



Insert particulars of the style and address of the agency, the nature of its business and the extent of the body corporate’s interest in the agency.



(g)



Insert full details of all fees, charges, rewards, deposits or remuneration receivable including any financial penalties and any fees, charges, etc., derived from finding accommodation for applicants for work, and of the method by which the fees, charges, rewards, deposits or remuneration are received (e.g. by deduction from wages).



(h)



Insert details of any previous employment agency activity engaged in by yourself or in respect of which you have been associated with for business purposes.



(i)



Insert full names and addresses of all persons employed in the employment agency.



(j)



Insert details of the date and reason for refusal if applicable.



(k)



Insert particulars of any such convictions, specifying under which sub-heading ((a), (b) or (c) of the application form) the conviction has occurred, if none, state “none”.



(l)



Insert name or style under which the employment agency will be carried on.



(m)



Insert address of premises.



APPLICATION BY A BODY CORPORATE FOR REGISTRATION AS A PERSON CARRYING ON AN EMPLOYMENT AGENCY



Name of body corporate................................................................................



Address of registered office...........................................................................



Full name of secretary...................................................................................



Address..........................................................................................................



Date of birth...................................................................................................



Place of birth..................................................................................................



I, the undersigned, duly authorized in that behalf by the above named body corporate, hereby apply for and on behalf of the said body corporate, for registration as a person carrying on an employment agency



AND I hereby declare that: –



1.



The above named body corporate is incorporated in Jersey, having been registered in the Royal Court on the                 day of                , 19/20 .



2.



The following persons are the directors of the above named body corporate, namely



 



FULL NAME



ADDRESS



DATE OF BIRTH



PLACE OF BIRTH



 



.................



...................



.....................



......................



3.



In the event of any of the directors of the above named body corporate ceasing to be a director or in the event of a new director being appointed, the body corporate will notify the Minister for Social Security accordingly within 5 days.



4.



The following person is the manager of the employment agency, namely



 



FULL NAME



ADDRESS



DATE OF BIRTH



PLACE OF BIRTH



 



.................



.....................



....................



......................



5.



In the event of the above named manager being unfit or unable or unwilling to manage the agency or in the event of the abovenamed manager being out of Jersey, the following person will be appointed to run the agency, namely



 



FULL NAME



ADDRESS



DATE OF BIRTH



PLACE OF BIRTH



 



.................



.....................



....................



......................



6.



The nature of the agency, the services it supplies and the method by which the agency is conducted, are as follows, namely –(a)



 



.....................................................................................................
.....................................................................................................



7.



The extent of the interest of the above named body corporate in any other employment agency, whether or not conducted within Jersey, is as follows, namely –(b)



 



......................................................................................................
.....................................................................................................



8.



The following are the fees, charges, rewards, deposits or remuneration receivable by the agency for its services, and the means by which such fees, charges, rewards, deposits or remuneration are obtained, namely –(c)



 



.....................................................................................................
.....................................................................................................



9.



The following employment agency activity has been carried on by the above named body corporate or is employment agency activity in respect of which it has been associated for business purposes, namely –(d)



 



.....................................................................................................
.....................................................................................................



10.



The following persons are employees in the employment agency, namely –(e)



 



.....................................................................................................
.....................................................................................................



11.



In the event of the above named body corporate engaging any new employee or of an employee ceasing to be employed the body corporate will notify the Minister for Social Security accordingly within 5 days.



12.



The above named body corporate has not, and no officer thereof has, at any time been convicted, and no such officer has been an officer of any other body corporate at a time when that other body corporate was convicted of an offence –



 



(a)



under the Employment Agencies (Registration) (Jersey) Law 1969, or any Order made thereunder;



 



(b)



within the Commonwealth, conviction for which offence necessarily involved a finding that the accused acted indecently towards another person or that the accused acted in such a way as to corrupt morals;



 



(c)



involving fraud or dishonesty.



 



Save as follows –(f)



13.



If the application for registration is granted, the above-named body corporate will carry on the employment agency –



 



(i)



under the style –(g)



 



(ii)



on the premises –(h)



14.



The particulars I have given above are true and accurate and I understand the provisions of the Employment Agencies (Registration) (Code of Conduct) (Jersey) Order 1970.



Dated this day of , 20 .



........................................................................................................................



(Signature and status in body corporate of person making the application).



YOUR ATTENTION IS DRAWN TO THE FOLLOWING PROVISIONS OF THE EMPLOYMENT AGENCIES (REGISTRATION) (JERSEY) LAW 1969



Article 2.



Duty to register.



 



No person shall carry on an employment agency at any premises unless the person is for the time being registered.



Article 5.



Penalty for failure to register or to comply with registration conditions.



 



If any person –



 



 



(a)



contravenes the provisions of Article 2 of this Law; or



 



 



(b)



fails to comply with any condition attached to the person’s registration,



 



the person shall for each offence be liable to a fine not exceeding £1,000 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.



Article 9.



False statements.



 



Any person who, in furnishing any information for any of the purposes of this Law or of any Order made thereunder, makes any statement which to the person’s knowledge is false in a material particular, shall be liable to a fine not exceeding £1,000 or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.



NOTES.



(a)



Insert particulars of the nature of the agency (i.e. the type of employment in respect of which the agency finds applicants work e.g. “general” or “theatrical”), the services it supplies (including the finding of accommodation in conjunction with the applications for work) and the procedure by which work is found for persons (enclosing a copy of the application form). If the nature of the agency, or of a service supplied, relates in whole or in part to the recruitment and placement of seafarers, state “Recruitment and placement of seafarers”.



(b)



Insert particulars of the style and address of the agency and the nature of its business and the extent of the body corporate’s interest in the agency.



(c)



Insert full details of all fees, charges, rewards, deposits or remuneration receivable including any financial penalties and any fees, charges, rewards, deposits or remuneration derived from finding accommodation for applicants for work, and of the method by which the fees, charges, rewards, deposits or remuneration are received (e.g. by deduction from wages).



(d)



Insert details of any previous employment agency activity engaged in by the body corporate or in respect of which the body corporate has been associated with for business purposes.



(e)



Insert full names and addresses of all persons employed in the employment agency.



(f)



Insert particulars of any such convictions, specifying under which sub-heading ((a), (b), or (c) of the application form), the conviction has occurred, if none, state “none”.



(g)



Insert name or style under which the employment agency will be carried on.



(h)



Insert address of premises.



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Employment Agencies (Registration) (Jersey) Order 1970



R&O.5330



3 April 1970



Employment Agencies (Registration) (Amendment) (Jersey) Order 1977



R&O.6413



1 January 1978



Employment Agencies (Registration) (Amendment No. 2) (Jersey) Order 1984



R&O.7265



1 April 1984



Employment Agencies (Registration) (Amendment No. 3) (Jersey) Order 1986



R&O.7555



1 January 1987



Employment Agencies (Registration) (Amendment No. 4) (Jersey) Order 1990



R&O.8120



1 January 1991



States of Jersey (Amendments and Construction Provisions No. 8) (Jersey) Regulations 2005



R&O.48/2005



9 December 2005



Employment Agencies (Registration and Code of Conduct) (Amendment) (Jersey) Order 2013



R&O.92/2013



5 July 2013



Table of Endnote References



[1]



This Order has been amended by the States of Jersey (Amendments and Construction Provisions No. 8) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government



[2]



chapter 05.250



[3] Article 2



amended by R&O.6413, R&O.7265, R&O.7555, R&O.8120



[4] Schedule



amended by R&O.92/2013