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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

General

General restrictions on the employment of children

135.—(1) No child shall be employed—

(a)so long as he is under the age of 13 years; or

(b)before the close of school hours on any day on which he is required to attend school; or

(c)before seven o'clock in the morning or after seven o'clock in the evening on any day; or

(d)for more than two hours on any day on which he is required to attend school,

except in accordance with any statutory provision (including this Part and regulations made under it).

(2) No child shall be employed in any occupation likely to be injurious to his life, limb, health or education, regard being had to his physical condition.

(3) If any education and library board serves on the employer of any child a copy of a certificate signed by a medical practitioner that any specified occupation is likely to be injurious to the life, limb, health or education of the child, the certificate shall be admissible as evidence in any subsequent proceedings against the employer in respect of the employment of the child.

(4) No child shall engage in or be employed in street trading.

Regulations with respect to the employment of children

136.—(1) The Department may, with the approval of the Department of Education, make regulations with respect to the employment of children and any such regulations may contain provisions—

(a)authorising the employment of children (notwithstanding anything in paragraph (1)(b) of Article 135) for not more than one hour before the commencement of school hours on any day on which they are required to attend school;

(b)specifying the occupations in which children may or may not be employed;

(c)prescribing—

(i)the age below which children are not to be employed;

(ii)the number of hours in each day, or in each week, for which, and the times of day at which, they may be employed;

(iii)the intervals to be allowed to them for meals and rest;

(iv)the holidays or half-holidays to be allowed to them;

(v)any other conditions to be observed in relation to their employment.

(2) Except in so far as is expressly permitted by paragraph (1)(a) and (c)(i), regulations under this Article shall not modify the restrictions contained in Article 135, and any restrictions contained in regulations under this Article shall have effect in addition to the restrictions contained in that Article.

(3) Nothing in Article 135 or in regulations under this Article shall prevent a child from taking part in a performance—

(a)under the authority of a licence granted under this Part; or

(b)in a case where by virtue of paragraph (3) of Article 137 no licence under that Article is required for him to take part in the performance.

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