Schedule 9, Part 1, paragraph 5

A person (A) does not contravene section 55(1) or (2) or section 60A(1) if A shows that A's treatment of another person relates only to work the offer of which could be refused to that other person in reliance on paragraph 1, 2, 3 or 4. A person (A) does not contravene section 55(1) or (2) or section 60A(1) if A shows that A's treatment of another person relates only to training for work of a description mentioned in sub-paragraph (1). A person (A) does not contravene section 55(1) or (2) or section 60A(1) if A shows that— A acted in reliance on a statement made to A by a person with the power to offer the work in question to the effect that, by virtue of sub-paragraph (1) or (2), A's action would be lawful, and it was reasonable for A to rely on the statement. A person commits an offence by knowingly or recklessly making a statement such as is mentioned in sub-paragraph (3)(a) which in a material respect is false or misleading. A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Source: legislation.gov.uk · retrieved 2026-09-04