The Stage

Exclusive: Government proposes total ban on up-front fees for ‘vulnerable’

Published Wednesday 7 October 2009 at 16:00 by Matthew Hemley

Agents and casting companies face a complete ban on charging extras, walk-ons and models up-front fees under new legislation being proposed by the government.

Currently, it is against the law for agents to charge up-front registration fees to any performer, although they are able to charge a “reasonable” sum to include people’s details in a publication or directory.

However, under the proposed new legislation, seen by The Stage, companies would be banned completely from taking any money up-front from extras, walk-ons and models - groups the government deems to be “particularly vulnerable”.

For other categories of performers, such as actors, the government is suggesting a tightening of existing legislation, which currently provides a seven-day cooling off period, before someone has to commit money to have their details included in a publication or directory. This would be extended to 30 days under the plans.

The combination of a complete ban in respect of extras, walk-ons and models and the extension of the cooling-off period for other groups of performers has been drawn up after existing legislation was found to be ineffective in deterring rogue agents from charging up-front fees.

A consultation was subsequently held on how to address the situation, with the government asking interested parties to give views on whether there should be a complete ban on up-front fees or a tightening of the existing laws.

In its feedback to those who responded, the government said: “Having spent time analysing all of the consultation responses received, we have now drafted a summary setting out our proposals to tackle the abuse of up-front fees. This is a mixture of banning up-front fees for models and walk-ons/extras, whilst adopting a 30-day cooling off period for actors and other performers.”

It is understood the government has opted for a mixture of the two options laid out in its consultation because it did not think extending the cooling-off period to 30 days would be sufficient to prevent some agents from taking money from vulnerable groups of performers, such as extras. The government is believed to be worried that extras paying fees up front to be included in a publication may only get one or two days work a year, which would not be enough for them to recoup any initial amounts they paid.

In the draft document outlining its intentions, the government says employment agencies representing performers other than extras, walk-ons and models would be required to write to all new clients and inform them that there is a 30-day cooling off period and that they have a right to cancel.

They would also be banned from taking post-dated cheques and would be required to allow performers to see a draft of the information to be included in the publication prior to a fee being taken.

In addition, performers would be entitled to a refund if no publication is produced or circulated within 60 days.

A spokesman for the Department for Business, Innovation and Skills, said an official announcement would be made by the end of October.