Employment of Children Act 1973

Prospective

1 Regulation of children’s employment. E+W+S

(1) In this Act, “the Act of 1933” means the M1 Children and Young Persons Act 1933 and “the Act of 1937” means the M2 Children and Young Persons (Scotland) Act 1937.

(2) In section 18(2) of the Act of 1933 and section 28(2) of the Act of 1937, the power of local authorities and, in Scotland, education authorities to make byelaws with respect to the employment of children shall be replaced by a power for the Secretary of State to make regulations for the purposes mentioned in those subsections respectively, any such regulations to be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In accordance with subsection (2) above and with a view—

(a) to making the consequential changes in Part II of the Act of 1933 and Part III of the Act of 1937 which follow from that subsection;

(b) to extending the powers exercisable under section 18 of the Act of 1933 and section 28 of the Act of 1937 for regulating the employment of children; and

(c) to increasing the penalties for contraventions of those Acts in relation to employment,

the Acts of 1933 and 1937 shall have effect with the amendments shown in Part I of Schedule 1 to this Act.

(4) As amended by subsection (3) above, section 18 of the Act of 1933 is as set out in Part II of Schedule 1 to this Act; and (as so amended) section 28 of the Act of 1937 is also as there set out, but with the differences specified in the note at the end of the Schedule.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(6) If it appears to the Secretary of State in the case of a local Act that—

(a) it contains provisions relating to, or authorising the making of byelaws in respect of, the employment of children; and

(b) those provisions are no longer required having regard to cognate provisions of any public general Act for the time being in force (and in particular the provision made by subsection (2) above),

he may by order amend or repeal those provisions of the local Act; and an order under this subsection shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S. 1(5) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

Marginal Citations

M1 1933 c. 12.

M2 1937 c. 37.

2 Supervision by education authorities. E+W+S

(1) The following powers shall be exercisable in England and Wales by a local education authority and, in Scotland, by an education authority in cases where the authority have reason to suppose that a child is, or is to become, employed (whether or not in the authority’s area).

(2) The authority may by a notice served—

(a) on the child’s parent or [F2 any person responsible for] the child; or

(b) on a person appearing to have the child in his employment or to be about to employ him,

require the person served to furnish to the authority, within such period as may be specified in the notice, particulars of how the child is, or is to be, employed and at what times and for what periods.

[F3 (2A) For the purposes of subsection (2)(a) above a person is responsible for a child—

(a) in England and Wales, if he has parental responsibility for the child or care of him; and

[F4 (b) in Scotland, if he has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to the child or care of him.]]

(3) If it appears to the authority that a child is for the time being, or is to become, employed in ways, or at times or for periods, which are not unlawful apart from this section but are unsuitable for the child, by reference to his age or state of health, or otherwise prejudicial to his education, they may, by a notice served on any such person as is mentioned in paragraph (a) or (b) of subsection (2) above as one on whom a notice may be served, either—

(a) prohibit the child’s employment in any manner specified in the notice; or

(b) require his employment in any manner so specified to be subject to such conditions (specified in the notice and to be complied with by the person served with it) as the authority think fit to impose in the interests of the child.

(4) Any person who—

(a) being served with a notice under subsection (2) above—

(i) fails to furnish the particulars required by the notice within the period specified thereby, or

(ii) in purported compliance with the notice, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular; or

(b) being served with a notice under subsection (3) prohibiting a child’s employment in any manner specified in the notice, employs or causes or permits the child to be employed in that manner contrary to the prohibition; or

(c) being served with such a notice requiring compliance by him with any conditions, wilfully fails to comply with them,

shall be guilty of an offence.

(5) A person guilty of an offence under subsection (4) above shall be liable on summary conviction—

(a) in the case of an offence under paragraph (a) of the subsection, to a fine of not more than [F5 £20][F5 level 3 on the standard scale] or, if he has previously been convicted of an offence under that paragraph, to a fine of not more than [F5 £50][F5 level 3 on the standard scale];

(b) in the case of an offence under paragraph (b) or (c) of the subsection, to a fine of not more than [F6 £50][F6 level 3 on the standard scale], or if he has previously been convicted of an offence under either paragraph, to a fine of not more than [F6 £100][F6 level 3 on the standard scale].

(6) For purposes of this section, a person who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Words “any person responsible for” substituted (14.10.1991) for words from “guardian” to “custody of” by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 32(1), Sch. 14 para. 1(1); S.I.1991/828, art. 3(2).

F3 S. 2(2A) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 32(2), Sch. 14 para. 1(1); SI.1991/828, art. 3(2).

F4 S. 2(2A)(b) substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 19 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F5 Words “level 3 on the standard scale” substituted (S.) for “£20” and “£50” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

F6 Words “level 3 on the standard scale” substituted (S.) for “£50” and “£100” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

Modifications etc. (not altering text)

C1 S. 2 excluded (1.10.1998) by 1998 c. 31, s. 112(2) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

C2 S. 2(5)(a)(b): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

3 Citation, etc. E+W+S

(1) This Act may be cited as the Employment of Children Act 1973.

(2) In this Act—

(a) “child” means a person who is not for the purposes of the Education Acts over compulsory school age, or in Scotland school age;

(b) “the Education Acts” means in England and Wales the Education Acts 1944 to 1971 and, in Scotland, the Education (Scotland) Acts 1939 to 1971;

and any reference in this Act to an enactment shall, except in so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including an enactment contained in this Act.

(3) The enactments specified in Schedule 2 to this Act are hereby repealed to the extent specified in column 3 of the Schedule.

(4) This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument and—

(a) different days may be so appointed for different purposes of any one or more provisions of this Act; and

(b) an order under this subsection bringing section 1(2) or (3) of this Act into force may include such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient for temporarily preserving the power to make, and the effect of, byelaws notwithstanding the coming into force of regulations

(5) Nothing in this Act extends to Northern Ireland.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C3 The text of s. 3(3), Schs. 1 and 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

C4 Power conferred by s. 3(4) not exercised