The Working Time (Amendment) Regulations 2002

17.  The following regulation shall be inserted after regulation 27—

“Other exceptions relating to young workers

27A.— (1) Regulation 5A does not apply in relation to a young worker where—

(a) the young worker’s employer requires him to undertake work which is necessary either to maintain continuity of service or production or to respond to a surge in demand for a service or product;

(b) no adult worker is available to perform the work, and

(c) performing the work would not adversely affect the young worker’s education or training.

(2) Regulation 6A does not apply in relation to a young worker employed—

(a) in a hospital or similar establishment, or

(b) in connection with cultural, artistic, sporting or advertising activities,

in the circumstances referred to in paragraph (1).

(3) Regulation 6A does not apply, except in so far as it prohibits work between midnight and 4 a.m., in relation to a young worker employed in—

(a) agriculture;

(b) retail trading;

(c) postal or newspaper deliveries;

(d) a catering business;

(e) a hotel, public house, restaurant, bar or similar establishment, or

(f) a bakery,

in the circumstances referred to in paragraph (1).

(4) Where the application of regulation 6A is excluded by paragraph (2) or (3), and a young worker is accordingly required to work during a period which would otherwise be a rest period or rest break—

(a) he shall be supervised by an adult worker where such supervision is necessary for the young worker’s protection, and

(b) he shall be allowed an equivalent period of compensatory rest.”