||All England Reporter
|| All ER (D) 254 (Mar)
||Queen's Bench Division, Divisional Court
Dyson LJ and Lloyd Jones J
||Jonathan Ashley-Norman (instructed by the Legal Services Group A3 of the Department of of Business, Enterprise and Regulatory Reform) for the appellant.
||The respondent appeared in person.
||18 March 2008
Criminal law - Employment agency - Circumstances in which fees to be charged to work-seekers - Respondent receiving fee from parents of children seeking modelling work - Respondent charged with offence of receiving a fee - District judge finding no case to answer - Whether respondent's circumstances falling within exception in regulations - Whether district judge correct to find no case to answer - s 6(1) - Conduct of Employment Agencies and Employment Businesses Regulation 2003, SI 2003/3319, reg 26.
There was nothing in the language of reg26(5) of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, SI2003-3319, which excluded the case where there was to be publication in the future. Therefore, it was possible to charge a parent, seeking modelling work for their child, a fee in advance. There could also be an estimated cost for something that was to be done in the future, or where something had been done in the past but the ascertainment of the exact cost was difficult. The important factor was that there was nothing in the language of the regulation which indicated that the work seeker had to be included in the publication in order for reg26(5)(ii) to be disapplied. In those circumstances it followed that the district judge had been correct to find that there was no case to answer where the respondent had been charged with offences contrary to s6(1) of the .
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