The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1990

Article 12.

SCHEDULE 3 REMOVAL OF RESTRICTIONS RELATING TO EMPLOYMENT OF YOUNG PERSONS

PART I REPEALS RELATING TO RESTRICTIONS WITH RESPECT TO HOURS OF EMPLOYMENT AND HOLIDAYS

• Sections 25 to 30 of the Shops Act (Northern Ireland) 1946(1) (special provisions as to employment of young persons).

• The following provisions of the Factories Act (Northern Ireland) 1965(2)—

  • sections 86 to 94 (hours of employment and holidays of young persons);

  • sections 96 to 108 and 110 to 113 (suspension of, and exceptions from, provisions as to hours of employment, etc.);

  • section 114 (regulation of employment of young persons in certain occupations);

  • section 138(1)(d) (posting of notices); and

  • section 140(1)(d) (general registers).

• Section 109 of the Mines Act (Northern Ireland) 1969(3) (hours of work and periods of employment).

• Article 13 of the Quarries (Northern Ireland) Order 1983(4) (regulation of hours of employment and holidays).

PART II REPEALS RELATING TO OTHER REQUIREMENTS

• The following provisions of the Factories Act (Northern Ireland) 1965—

  • section 12(1)(a)(iii) (power to require medical supervision);

  • section 72(1) (prohibition of employment of female young persons where certain processes are carried on); and

  • section 117A (duty of factory occupier to give notice of employment of young persons).

• Section 38(2) of the Children and Young Persons Act (Northern Ireland) 1968(5) (street trading).

• The following provisions of the Mines Act (Northern Ireland) 1969 [1969 c. 6 (N.I.)]—

  • section 106(2) (restriction on male young persons being employed below ground);

  • section 108 (training); and

  • section 110 (register of young persons employed).

• Article 15(1)(a) of the Quarries (Northern Ireland) Order 1983 [1983 NI 4] (register of young persons employed).

PART III AMENDMENT OF CERTAIN AGE LIMITS

Factories Act (Northern Ireland) 1965 (c. 20)

• In section 115(1) (exemptions from provisions regulating hours of employment), for “of or over the age of sixteen” substitute “(other than children)”.

Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

• In section 39(2) (penalties and legal proceedings in respect of general provisions as to employment) for “person under the age of eighteen” substitute “child”.

• In section 40 (restriction on persons under 16 taking part in public performances)—

  (a)

  in subsections (1), (3) and (4) for “person under the age of sixteen” substitute “child”;

  (b)

  in subsections (2), (5)(b) and (6) for “person” wherever it occurs substitute “child”;

  (c)

  in subsection (3) for “person's” substitute “child's” and for “persons under the age of sixteen” substitute “children”.

• In section 41 (supplementary provisions as to licences under section 40)—

  (a)

  in subsections (3) and (7)(a) for “person under the age of sixteen” substitute “child”;

  (b)

  in subsection (9) for “person” substitute “child”.

• In section 42 (prohibition on persons under 16 taking part in performances endangering life and limb)—

  (a)

  for “person under the age of sixteen” substitute “child”; and

  (b)

  for “such a person” substitute “a child”.

• In section 43 (restrictions on training for performances of a dangerous nature)—

  (a)

  in subsection (1)—

  (i)

  for “person” in the first place where it occurs, substitute “child”; and

  (ii)

  for “person under the age of sixteen” substitute “child who has attained that age”; and

  (b)

  in subsection (2), for “person who has attained the age of twelve but is under the age of sixteen” substitute “child who has attained the age of twelve”;

  (c)

  in subsections (3), (4) and (6)(a) for “person” wherever it occurs substitute “child”.

• In section 45(1) and (2)(b) (powers of entry) for “person” wherever it occurs substitute “child”.

(1)

1946 c. 7 (N.I.)

(2)

1965 c. 20 (N.I.)

(3)

1969 c. 6 (N.I.)

(4)

1983 NI 4

(5)

1968 c. 34 (N.I.)