Outworking Bill

House of Commons

Session 2000-2001
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Outworking Bill

A
B I L L
TO
Control the seeking or receipt of payments for the provision of work or of information about work opportunities.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Outworking.     1. - (1) For the purposes of this Act an outworking proposal is a proposal under which a person (the proposer) holds out that-

(a) in return for advance payment the proposer or another person will provide work to be carried out at or from outworking premises, and

(b) the person carrying out the work (the worker) will be paid for it by the proposer or by another person.

    (2) But a proposal is not an outworking proposal if-

(a) it falls within subsection (3);

(b) it is of a description specified by the Secretary of State by order;

(c) it is made in the course of the business of an employment agency or employment business.

    (3) A proposal falls within this subsection to the extent that the making of the advance payment gives the worker access to means, facilities or assistance which enable him to engage on his own behalf in the supply of goods or the provision of services.

    (4) For the purposes of this section-

(a) the proposal may be in writing or otherwise and may consist of one or more communications;

(b) advance payment is payment to be made before the worker is paid for the work (and whether before or after the work is provided or carried out);

(c) it is immaterial how the payment is described (whether as payment for the work or for materials or their hire, as a returnable deposit, as a registration or administration fee, or otherwise) or how it is to be made;

(d) outworking premises are any premises not under the management or control of the proposer, the person providing the work or the person who is to pay for it;

(e) "employment agency" and "employment business" have the meanings given by section 13(2) and (3) of the Employment Agencies Act 1973.

Offences: payment.     2. - (1) A person commits an offence if he seeks or receives payment from another person in response to an outworking proposal.

    (2) The organiser commits an offence if he issues, circulates or distributes an advertisement, prospectus, circular or notice containing information likely to cause a person to respond to an outworking proposal by making a payment.

    (3) The organiser commits an offence if he causes another person to issue, circulate or distribute an advertisement, prospectus, circular or notice of a description falling within subsection (2).

    (4) A person who is not the organiser commits an offence if he-

(a) issues, circulates or distributes an advertisement, prospectus, circular or notice, and

(b) knows or ought to know that it is of a description falling within subsection (2).

    (5) A person who is not the organiser commits an offence if he-

(a) causes another to issue, circulate or distribute an advertisement, prospectus, circular or notice, and

(b) knows or ought to know that it is of a description falling within subsection (2).

    (6) For the purposes of subsection (1) a person receives payment-

(a) whether it is received by him or by another on his behalf;

(b) whether the person receives it for his own or for another's benefit.

    (7) For the purposes of this section-

(a) issuing, circulating or distributing may be done by electronic means or otherwise;

(b) the organiser is the proposer under the outworking proposal concerned.

    (8) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Offences: provision of information.     3. - (1) A person commits an offence if he seeks or receives payment in respect of the provision or proposed provision of information which relates or purports to relate to outworking proposals.

    (2) The organiser commits an offence if he issues, circulates or distributes an advertisement, prospectus, circular or notice containing information likely to cause a person to make a payment in respect of the provision or proposed provision of information which relates or purports to relate to outworking proposals.

    (3) The organiser commits an offence if he causes another person to issue, circulate or distribute an advertisement, prospectus, circular or notice of a description falling within subsection (2).

    (4) A person who is not the organiser commits an offence if he-

(a) issues, circulates or distributes an advertisement, prospectus, circular or notice, and

(b) knows or ought to know that it is of a description falling within subsection (2).

    (5) A person who is not the organiser commits an offence if he-

(a) causes another to issue, circulate or distribute an advertisement, prospectus, circular or notice, and

(b) knows or ought to know that it is of a description falling within subsection (2).

    (6) For the purposes of subsection (1) a person receives payment-

(a) whether it is received by him or by another on his behalf;

(b) whether the person receives it for his own or for another's benefit.

    (7) For the purposes of this section-

(a) issuing, circulating or distributing may be done by electronic means or otherwise;

(b) the organiser is the person to whom or for whose benefit the payment is to be made for the information concerned.

    (8) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Defences.     4. - (1) A person does not commit an offence under section 2 (1), (3), (4) or (5) or section 3 (1), (3), (4) or (5) if the following two conditions are satisfied.

    (2) The first condition is that the conduct which would, but for this section, have constituted the offence occurred because of-

(a) a mistake,

(b) his reliance on information supplied to him by another person,

(c) the act or default of another person,

(d) an accident, or

(e) some other cause beyond his control.

    (3) The second condition is that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by any person under his control.

    (4) In any proceedings for an offence mentioned in subsection (1) the accused person is not entitled to rely on paragraph (b) or (c) of subsection (2) unless not later than the start of the period of seven days before the date of the trial he serves on the prosecutor a notice in writing giving such information as he has about the identity of the other person.

    (5) But subsection (4) does not apply if the court so orders.

Enforcement.     5. The Schedule has effect for the purposes of the enforcement of this Act.

© Parliamentary copyright 2001
Prepared 29 January 2001

Outworking Bill

	A B I L L TO Control the seeking or receipt of payments for the provision of work or of information about work opportunities. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
Outworking.	1. - (1) For the purposes of this Act an outworking proposal is a proposal under which a person (the proposer) holds out that-
	(a) in return for advance payment the proposer or another person will provide work to be carried out at or from outworking premises, and
	(b) the person carrying out the work (the worker) will be paid for it by the proposer or by another person.
	(2) But a proposal is not an outworking proposal if-
	(a) it falls within subsection (3);
	(b) it is of a description specified by the Secretary of State by order;
	(c) it is made in the course of the business of an employment agency or employment business.
	(3) A proposal falls within this subsection to the extent that the making of the advance payment gives the worker access to means, facilities or assistance which enable him to engage on his own behalf in the supply of goods or the provision of services.
	(4) For the purposes of this section-
	(a) the proposal may be in writing or otherwise and may consist of one or more communications;
	(b) advance payment is payment to be made before the worker is paid for the work (and whether before or after the work is provided or carried out);
	(c) it is immaterial how the payment is described (whether as payment for the work or for materials or their hire, as a returnable deposit, as a registration or administration fee, or otherwise) or how it is to be made;
	(d) outworking premises are any premises not under the management or control of the proposer, the person providing the work or the person who is to pay for it;
	(e) "employment agency" and "employment business" have the meanings given by section 13(2) and (3) of the Employment Agencies Act 1973.
Offences: payment.	2. - (1) A person commits an offence if he seeks or receives payment from another person in response to an outworking proposal.
	(2) The organiser commits an offence if he issues, circulates or distributes an advertisement, prospectus, circular or notice containing information likely to cause a person to respond to an outworking proposal by making a payment.
	(3) The organiser commits an offence if he causes another person to issue, circulate or distribute an advertisement, prospectus, circular or notice of a description falling within subsection (2).
	(4) A person who is not the organiser commits an offence if he-
	(a) issues, circulates or distributes an advertisement, prospectus, circular or notice, and
	(b) knows or ought to know that it is of a description falling within subsection (2).
	(5) A person who is not the organiser commits an offence if he-
	(a) causes another to issue, circulate or distribute an advertisement, prospectus, circular or notice, and
	(b) knows or ought to know that it is of a description falling within subsection (2).
	(6) For the purposes of subsection (1) a person receives payment-
	(a) whether it is received by him or by another on his behalf;
	(b) whether the person receives it for his own or for another's benefit.
	(7) For the purposes of this section-
	(a) issuing, circulating or distributing may be done by electronic means or otherwise;
	(b) the organiser is the proposer under the outworking proposal concerned.
	(8) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offences: provision of information.	3. - (1) A person commits an offence if he seeks or receives payment in respect of the provision or proposed provision of information which relates or purports to relate to outworking proposals.
	(2) The organiser commits an offence if he issues, circulates or distributes an advertisement, prospectus, circular or notice containing information likely to cause a person to make a payment in respect of the provision or proposed provision of information which relates or purports to relate to outworking proposals.
	(3) The organiser commits an offence if he causes another person to issue, circulate or distribute an advertisement, prospectus, circular or notice of a description falling within subsection (2).
	(4) A person who is not the organiser commits an offence if he-
	(a) issues, circulates or distributes an advertisement, prospectus, circular or notice, and
	(b) knows or ought to know that it is of a description falling within subsection (2).
	(5) A person who is not the organiser commits an offence if he-
	(a) causes another to issue, circulate or distribute an advertisement, prospectus, circular or notice, and
	(b) knows or ought to know that it is of a description falling within subsection (2).
	(6) For the purposes of subsection (1) a person receives payment-
	(a) whether it is received by him or by another on his behalf;
	(b) whether the person receives it for his own or for another's benefit.
	(7) For the purposes of this section-
	(a) issuing, circulating or distributing may be done by electronic means or otherwise;
	(b) the organiser is the person to whom or for whose benefit the payment is to be made for the information concerned.
	(8) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defences.	4. - (1) A person does not commit an offence under section 2 (1), (3), (4) or (5) or section 3 (1), (3), (4) or (5) if the following two conditions are satisfied.
	(2) The first condition is that the conduct which would, but for this section, have constituted the offence occurred because of-
	(a) a mistake,
	(b) his reliance on information supplied to him by another person,
	(c) the act or default of another person,
	(d) an accident, or
	(e) some other cause beyond his control.
	(3) The second condition is that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by any person under his control.
	(4) In any proceedings for an offence mentioned in subsection (1) the accused person is not entitled to rely on paragraph (b) or (c) of subsection (2) unless not later than the start of the period of seven days before the date of the trial he serves on the prosecutor a notice in writing giving such information as he has about the identity of the other person.
	(5) But subsection (4) does not apply if the court so orders.
Enforcement.	5. The Schedule has effect for the purposes of the enforcement of this Act.