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Employment Act 1989

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Part IIIE+W+S+N.I. Amendment of Certain Age Limits

E+W+S+N.I. Employment of Women, Young Persons, and Children Act 1920 (c.65)

1In section 1 (obligation of employer to keep register of young persons employed in industrial undertaking), for subsection (4) substitute—E+W+S+N.I.

(4)Where persons under the age of sixteen years are employed in any industrial undertaking, a register of all persons under that age who are so employed, and of the dates of their birth, shall be kept and shall at all times be open to inspection.

E+W+S+N.I. Children and Young Persons Act 1933 (c.12)

2In section 20 (street trading)—E+W+S

(a)for subsection (1) substitute—

(1)Subject to subsection (2) of this section, no child shall engage or be employed in street trading.;

(b)in subsection (2), for the words from “regulating” to “eighteen years,” substitute “ authorising children who have attained the age of fourteen years to be employed by their parents in street trading to such extent as may be specified in the byelaws, and for regulating street trading under the byelaws by persons who are so authorised to be employed in such trading; ”; and

F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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)

3In section 21(3) (penalties and legal proceedings in respect of general provisions as to employment), for “person under the age of eighteen years” substitute “ child ”.E+W+S+N.I.

4In section 23 (prohibition on persons under 16 taking part in performances endangering life and limb)—E+W+S+N.I.

(a)for “person under the age of sixteen years” substitute “ child ”; and

(b)for “such a person” substitute “ a child ”.

5In section 24 (restrictions on training for performances of a dangerous nature)—E+W+S+N.I.

(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 years” substitute “ child who has attained that age ”; and

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

6In section 25 (restriction on persons under 18 going abroad for the purpose of performing for profit)—E+W+S+N.I.

(a)in subsection (1), for “person under the age of eighteen years”, in both places where those words occur, and for “person under that age” substitute “ child ”; and

(b)in subsection (2), for “person who has attained the age of fourteen years but is under the age of eighteen years” substitute “ child who has attained the age of fourteen years ”.

7In section 26 (punishment of contraventions of section 25, etc.)—E+W+S+N.I.

(a)in subsection (1), for “the person” substitute “ the child in question ”; and

(b)in subsection (2)—

(i)for “a person under the age of eighteen years” substitute “ a child ”,

(ii)for “that person” substitute “ that child ”, and

(iii)for “the person in question” substitute “ the child ”.

8In section 30 (interpretation of provisions about the employment of children)—E+W+S+N.I.

(a)after “made thereunder—” insert—

The expression “child” means—

(a)in relation to England and Wales, a person who is not for the purposes of the Education Act 1944 over compulsory school age;

(b)in relation to Scotland, a person who is not for the purposes of the Education (Scotland) Act 1980 over school age; and

(c)in relation to Northern Ireland, a person who is not for the purposes of the Education and Libraries (Northern Ireland) Order 1986 over compulsory school age;; and

(b)at the end of that section add the following subsection—

(2)This section, so far as it has effect for the purposes of sections 25 and 26 of this Act, extends to Scotland and to Northern Ireland.;

and the existing provisions of that section (as amended by sub-paragraph (a) above) shall accordingly constitute subsection (1) of that section.

E+W+S Children and Young Persons (Scotland) Act 1937 (c.37)

9In section 30 (street trading)—E+W+S

(a)for subsection (1) substitute—

(1)Subject to subsection (2) of this section, no child shall engage or be employed in street trading.; and

(b)in subsection (2), for the words from “regulating” to “eighteen years,” substitute “ authorising children who have attained the age of fourteen years to be employed by their parents in street trading to such extent as may be specified in the byelaws, and for regulating street trading under the byelaws by persons who are so authorised to be employed in such trading; ”.

10In section 31(3) (penalties and legal proceedings in respect of general provisions as to employment), for “person under the age of eighteen years” substitute “ child ”.E+W+S

11In section 33 (prohibition on persons under 16 taking part in performances endangering life and limb)—E+W+S

(a)for “person under the age of sixteen years” substitute “child”; and

(b)for “such a person” substitute “a child”.

12In section 34 (restrictions on training for performances of a dangerous nature)—E+W+S

(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 years” substitute “ child who has attained that age ”; and

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

13In section 37 (interpretation of provisions about the employment of children), after “made thereunder—” insert—E+W+S

(a)The expression “child” means a person who is not for the purposes of the Education (Scotland) Act 1980 over school age;.

E+W+S Factories Act 1961 (c.34)

14In section 117(1) (exemptions from provisions regulating hours of employment), for “of or over the age of sixteen” substitute “ (other than children) ”.E+W+S

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