37 Restriction on persons under 16 taking part in public performances, etc.E+W+S
[F1(1)Subject to the provisions of this section, a child shall not
(a)take part in a performance to which subsection (2) of this section applies, or
(b)otherwise take part in a sport, or work as a model, where payment in respect of his doing so, other than for defraying expenses, is made to him or to another person,]
except under the authority of a licence granted by the local authority in whose area he resides or, if he does not reside in Great Britain, by the local authority in whose area the applicant or one of the applicants for the licence resides or has his place of business.
(2)This [F2subsection] applies to—
(a)any performance in connection with which a charge is made (whether for admission or otherwise);
(b)any performance in licensed premises within the meaning of [F3the M1Licensing Act 1964] or [F4the M2Licensing (Scotland) Act 1976] or in premises in respect of which a club is registered under [F4the said Act of 1964 or the said Act of 1976];
(c)any broadcast performance;
[F5[F6(d)any performance not falling within paragraph (c) above but included in a programme service (within the meaning of the Broadcasting Act 1990);]
(e)any performance recorded (by whatever means) with a view to its use in a broadcast or such a service or in a film intended for public exhibition;]
and a child shall be treated for the purposes of this section as taking part in a performance if he takes the place of a performer in any rehearsal or in any preparation for the recording of the performance.
(3)A licence under this section shall not be required for any child to take part in a performance to which [F7subsection (2) of] this section applies if [F7no payment in respect of his taking part in the performance, other than for defraying expenses, is made to him or to another person, and—]
(a)in the six months preceding the performance he has not taken part in other performances to which [F8subsection (2) of] this section applies on more than three days; or
(b)the performance is given under arrangements made by a school (within the meaning of [F9the Education Act 1996] or the M3Education (Scotland) Act 1962) or made by a body of persons approved for the purposes of this section by the Secretary of State or by the local authority in whose area the performance takes place, F10. . .;
but the Secretary of State may by regulations made by statutory instrument prescribe conditions to be observed with respect to the hours of work, rest or meals of children taking part in performances as mentioned in paragraph (a) of this subsection.
(4)The power to grant licences under this section shall be exercisable subject to such restrictions and conditions as the Secretary of State may by regulations made by statutory instrument prescribe and a local authority shall not grant a licence for a child to [F11do anything] unless they are satisfied that he is fit to [F11do it], that proper provision has been made to secure his health and kind treatment and that, having regard to such provision (if any) as has been or will be made therefor, his education will not suffer; but if they are so satisfied, in the case of an application duly made for a licence under this section which they have power to grant, they shall not refuse to grant the licence.
(5)Regulations under this section may make different provision for different circumstances and may prescribe, among the conditions subject to which a licence is to be granted, conditions requiring the approval of a local authority and may provide for that approval to be given subject to conditions imposed by the authority.
(6)Without prejudice to the generality of the preceding subsection, regulations under this section may prescribe, among the conditions subject to which a licence may be granted, a condition requiring sums earned by the child in respect of whom the licence is granted in [F12any activity] to which the licence relates to be paid into the county court (or, in Scotland, consigned in the sheriff court) or dealt with in a manner approved by the local authority.
(7)A licence under this section shall specify the times, if any, during which the child in respect of whom it is granted may be absent from school for the purposes authorised by the licence; and for the purposes of the enactments relating to education a child who is so absent during any times so specified shall be deemed to be absent with leave granted by a person authorised in that behalf by the managers, governors or proprietor of the school or, in Scotland, with reasonable excuse.
(8)Any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 37(1) substituted for s. 37(1)(a)(b) (4.8.1998) by S.I. 1998/276, reg. 12(1)(2)
F2Words in s. 37(2) substituted (4.8.1998) by S.I. 1998/276, reg. 12(1)(3)
F3Words substituted by virtue of Licensing Act 1964 (c. 26), Sch. 14 para. 1
F4Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
F5S. 37(2)(d)(e) substituted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 12 (which is repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(3), Sch. 21 the repeal being in force subject as mentioned in art. 3(3) of S.I. 1990/2347)
F6Para. (d) substituted by virtue of Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 6
F7Words in s. 37(3) inserted (4.8.1998) by S.I. 1998/276, reg. 12(1)(4)(a)(b)
F8Words in s. 37(3)(a) inserted (4.8.1998) by S.I. 1998/276, reg. 12(1)(4)(c)
F9Words in s. 37(3) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 10 (with s. 1(4), Sch. 39)
F10Words in s. 37(3)(b) omitted (4.8.1998) by virtue of S.I. 1998/276, reg. 12(1)(4)(d)
F11Words in s. 37(4) substituted (4.8.1998) by S.I. 1998/276, reg. 12(1)(5)(a)(b)
F12Words in s. 37(6) substituted (4.8.1998) by S.I. 1998/276, reg. 12(1)(6)
Marginal Citations