38Restriction on licences for performances by children under 13
(1)A licence under the preceding section in respect of a child under the age of thirteen shall not be granted unless—
(a)the licence is for acting and the application therefor is accompanied by a declaration that the part he is to act cannot be taken except by a child of about his age; or
(b)the licence is for dancing in a ballet which does not form part of an entertainment of which anything other than ballet or opera also forms part and the application for the licence is accompanied by a declaration that the part he is to dance cannot be taken except by a child of about his age ; or
(c)the nature of his part in the performance is wholly or mainly musical and either the nature of the performance is also wholly or mainly musical or the performance consists only of opera and ballet.
(2)On the extension of the compulsory school age (or, in Scotland, school age) to sixteen years, that is to say—
(a)in England and Wales, on the coming into force of an Order in Council under section 35 of the Education Act 1944; and
(b)in Scotland, on the coming into force of regulations under section 32 of the Education (Scotland) Act 1962 ;
subsection (1) of this section shall have effect as if for the word " thirteen " there were substituted the word " fourteen ".