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Children and Young Persons Act 1933

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Commencement Orders bringing legislation that affects this Act into force:

Part IIE+W+S+N.I. Employment

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Modifications etc. (not altering text)

General Provisions as to EmploymentE+W

18 Restrictions on employment of children.E+W

(1)Subject to the provisions of this section and of any byelaws made thereunder no child shall be employed—

[F1(a)so long as he is under the age of [F2fourteen years]]; or

[F3(aa)to do any work other than light work or;]

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

[F4(c)before seven o’clock in the morning or after seven o’clock in the evening or any day; or]

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

[F5(da)for more than twelve hours in any week in which he is required to attend school; or]

(e)for more than two hours on any Sunday; or

F6(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(g)for more than eight hours or, if he is under the age of fifteen years, for more than five hours in any day—

(i)on which he is not required to attend school, and

(ii)which is not a Sunday; or

(h)for more than thirty-five hours or, if he is under the age of fifteen years, for more than twenty-five hours in any week in which he is not required to attend school; or

(i)for more than four hours in any day without a rest break of one hour; or

(j)at any time in a year unless at that time he has had, or could still have, during a period in the year in which he is not required to attend school, at least two consecutive weeks without employment.]

(2)A local authority may make byelaws with respect to the employment of children, and any such byelaws may distinguish between children of different ages and sexes and between different localities, trades, occupations and circumstances, and may contain provisions—

(a)authorising—

[F8(i)the employment [F9on an occasional basis] of children [F10aged thirteen years](notwithstanding anything in paragragh (a) of the last foregoing subsection) by their parents or guardians in light agricultural or horticultural work.]

[F11(ia)the employment of children aged thirteen years (notwithstanding anything in paragraph (a) of the last foregoing subsection) in categories of light work specified in the byelaw.]

(ii)the employment of children (notwithstanding anything in paragraph (b) of the last foregoing subsection) for not more than one hour before the commencement of school hours on any day on which they are required to attend school;

(b)prohibiting absolutely the employment of children in any specified occupation;

(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;

so, however, that no such byelaws shall modify the restrictions contained in the last foregoing subsection save in so far as is expressly permitted by paragraph (a) of this subsection, and any restriction contained in any such byelaws shall have effect in addition to the said restrictions.

[F12(2A)In this section—

  • “light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed—

    (a)

    is not likely to be harmful to the safety, health or development of children; and

    (b)

    is not such as to be harmful to their attendance at school or to their participation in work experience in accordance with section 560 of the Education Act 1996 F13, or their capacity to benefit from the instruction received or, as the case may be, the experience gained;

  • “week” means any period of seven consecutive days; and

  • “year”, except in expressions of age, means a period of twelve months beginning with 1st January.]

[F14(3)Nothing in this section, or in any byelaw made under this section, shall prevent a child from [F15doing anything]

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

(b)in a case where by virtue of section 37(3) of the M1Children and Young Persons Act 1963 no licence under that section is required for him to [F15do it].]

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Amendments (Textual)

F2Words in s. 18(1)(a) substituted (4.8.1998) by S.I. 1998/276, reg. 2(2)(a).

F3S. 18(1)(aa) inserted (4.8.1998) by S.I. 1998/276, reg. 2(2)(b).

F5S. 18(1)(da) inserted (11.10.2000) by S.I. 2000/2548, reg. 2(1)

F6S. 18(1)(f) repealed with specified exceptions (1.1.1993) by S.I. 1992/2793, art. 8, Sch. 2, Pt. I and omitted (4.8.1998) by S.I. 1998/276, reg. 2(2)(c) and repealed (31.12.1998) by virtue of S.I. 1998/2857 art. 1(2)(a).

F9Words in s. 18(2)(a)(i) inserted (4.8.1998) by S.I. 1998/276, reg. 2(3)(a).

F10Words in s. 18(2)(a)(i) substituted (7.6.2000) by S.I. 2000/1333, art. 2(1)

F12S. 18(2A) inserted (4.8.1998) by S.I. 1998/276, reg. 2(4).

F15Words in s. 18(3)(b) substituted (4.8.1998) by S.I. 1998/276, reg. 2(5).

Marginal Citations

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W

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Amendments (Textual)

20 Street trading. E+W

[F17(1)Subject to subsection (2) of this section, no child shall engage or be employed in street trading.]

(2)A local authority may make byelaws [F18authorising 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 byelaws so made may distinguish between persons of different ages and sexes and between different localities, and may contain provisions—

(a)forbidding any such person to engage or be employed in street trading unless he holds a licence granted by the authority, and regulating the conditions on which such licences may be granted, suspended, and revoked;

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)requiring such persons so engaged or employed to wear badges;

(d)regulating in any other respect the conduct of such persons while so engaged or employed.

F20(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(3)Byelaws made under subsection (2) shall contain provisions determining the days and hours during which, and the places at which, such persons may engage or be employed in street trading.]

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Amendments (Textual)

F19S. 20(2)(b) omitted (7.6.2000) by virtue of S.I. 2000/1333, art. 2(2)(a)

F20S. 20(3) repealed (26.8.1994) by 1994 (c. 20), ss. 4, 5(2), Sch. 4 para. 24, Sch. 5); S.I. 1994/1841, art. 2

F21S. 20(3) inserted (7.6.2000) by S.I. 2000/1333, art. 2(2)(b)

Modifications etc. (not altering text)

21 Penalties and legal proceedings in respect of general provisions as to employment.E+W

(1)If a person is employed in contravention of any of the foregoing provisions of this Part of this Act, or of the provisions of any byelaw [F22or regulation] made thereunder, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be liable on summary conviction to a fine not exceeding [F23twenty pounds][F24£50] or, in the case of a second or subsequent offence, not exceeding [F23fifty pounds][F25£100]:

Provided that, if proceedings are brought against the employer, the employer, upon information duly laid by him and on giving to the prosecution not less than three days’ notice of his intention, shall be entitled to have any person (other than the person employed) to whose act or default he alleges that the contravention was due, brought before the court as a party to the proceedings, and if, after the contravention has been proved, the employer proves to the satisfaction of the court that the contravention was due to the act or default of the said other person, that person may be convicted of the offence; and if the employer further proves to the satisfaction of the court that he has used all due diligence to secure that the provisions in question should be complied with, he shall be acquitted of the offence.

(2)Where an employer seeks to avail himself of the proviso to the last foregoing subsection,

(a)the prosecution shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his charge against the other person, and to call rebutting evidence; and

(b)the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.

[F26(2A)Where a person is charged under this section with contravening section 18(1)(j) of this Act the proviso in subsection (1) of this section shall not apply, but it shall be a defence for him to prove that he used all due diligence to secure that section 18(1)(j) should be compiled with]

(3)A [F27child], who engages in street trading in contravention of the provisions of the last foregoing section, or of any byelaw made thereunder, shall be liable on summary conviction to a fine not exceeding [F28ten pounds], or in the case of a second or subsequent offence, not exceeding [F28twenty pounds].

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Amendments (Textual)

F23Words substituted by Children and Young Persons Act 1963 (c. 37), s. 36(a) in relation to offences committed after 3.3.1969

F24Words “£50” substituted (prosp.) for words “twenty pounds” by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 2(b)

F25Words “£100” substituted (prosp.) for words “fifty pounds” by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 2(b)

F26S. 21(2A) inserted (4.8.1998) by S.I. 1998/276, reg. 3.

F28Words substituted by Children and Young Persons Act 1963 (c. 37, s. 36(b) in relation to offences committed after 3.3.1969

Modifications etc. (not altering text)

C3Criminal 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.)

Entertainments and PerformancesE+W

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29E+W

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Amendments (Textual)

23 Prohibition against persons under sixteen taking part in performances endangering life or limb. E+W

[F30No person under the age of sixteen years, and no child aged sixteen years,]shall take part in any [F31performance to which [F32section 37(2)] of the M2Children and Young Persons Act 1963 applies and] in which his life or limbs are endangered and every person who causes or procures [F33such a person or child], or being his parent or guardian allows him, to take part in such a performance, shall be liable on summary conviction to a fine not exceeding [F34£50]; or in the case of a second or subsequent offence, not exceeding [F34£100]:

Provided that no proceedings shall be taken under this subsection except by or with the authority of a chief officer of police.

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Amendments (Textual)

F30Words in s. 23 substituted (7.6.2000) by S.I. 2000/1333, art. 2(3)(a)

F32Words in s. 23 substituted (4.8.1998) by S.I. 1998/276, reg. 4.

F33Words in s. 23 substituted (7.6.2000) by S.I. 2000/1333, art. 2(3)(b)

Modifications etc. (not altering text)

C6Criminal 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.)

Marginal Citations

24 Restrictions on training for performances of a dangerous nature. E+W

(1)No [F35child] under the age of twelve years shall be trained to take part in performances of a dangerous nature, and no [F36child who has attained that age] shall be trained to take part in such performances except under and in accordance with the terms of a licence granted and in force under this section; and every person who causes or procures a person, or being his parent or guardian allows him, to be trained to take part in performances of a dangerous nature in contravention of this section, shall be liable on summary conviction to a fine not exceeding [F37£20] or, in the case of a second or subsequent offence, not exceeding [F37£50].

(2)A [F38local authority] may grant a licence for a [F39child who has attained the age of twelve years] to be trained to take part in performances of a dangerous nature.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

(4)A licence under this section shall specify the place or places at which the person is to be trained and shall embody such conditions as are, in the opinion of the [F41authority], necessary for his protection, but a licence shall not be refused if the [F41authority] is satisfied that the person is fit and willing to be trained and that proper provision has been made to secure his health and kind treatment.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

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Amendments (Textual)

Modifications etc. (not altering text)

C8Criminal 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.)

Employment AbroadE+W+S+N.I.

25 Restrictions on persons under eighteen going abroad for the purpose of performing for profit. E+W

(1)No person having [F42responsibility for] any [F43child] shall allow him, nor shall any person cause or procure any [F43child], to go abroad[F44(a)] for the purpose of singing, playing performing, or being exhibited, for profit, [F45or

F45(b)for the purpose of taking part in a sport, or working as a model, where payment in respect of his doing so, other than for defraying expenses, is made to him or to another person,]

unless . . . F46 a licence has been granted in respect of him under this section:

Provided that this subsection shall not apply in any case where it is proved that the [F43child] was only temporarily resident within [F47the United Kingdom].

(2)A [F48justice of the peace] may grant a licence in such form as the Secretary of State may prescribe, and subject to such restrictions and conditions as the [F48justice of the peace] thinks fit, for any [F49child who has attained the age of fourteen years] to go abroad [F50for any purpose referred to in subsection (1) of this section,] but no such license shall be granted in respect of any person unless the [F48justice of the peace] is satisfied—

(a)that the application for the licence is made by or with the consent of his parent or guardian;

(b)that he is going abroad to fulfil a particular engagement;

(c)that he is fit for the purpose, and that proper provision has been made to secure his health, kind treatment, and adequate supervision while abroad, and his return from abroad at the expiration or revocation of the licence;

(d)

that there has been furnished to him a copy of the contract of employment or other document showing the terms and conditions of employment drawn up in a language understood by him.

(3)A person applying for a licence under this section, shall, at least seven days before making the application, give to the chief officer of police for the district in which the person resides to whom the application relates, notice of the intended application together with a copy of the contract of employment or other document showing the terms and conditions of employment, and the chief officer of police send that copy to [F51a justice of the peace] and may make a report in writing on the case to him or may appear, or instruct some person to appear, before him and show cause why the licence should not be granted, and [F51the justice of the peace] shall not grant the licence unless he is satisfied that notice has been properly so given:

Provided that if it appears that the notice was given less than seven days before the making of the application, [F51the justice of the peace] may nevertheless grant a licence if he is satisfied that the officer to whom the notice was given has made sufficient enquiry into the facts of the case and does not desire to oppose the application.

(4)A licence under this section shall not be granted for more than three months but may be renewed by a [F48justice of the peace] from time to time for a like period, so, however, that no such renewal shall be granted, unless the [F48justice of the peace]

(a)is satisfied by a report of a British consular officer or other trustworthy person that the conditions are being complied with;

(b)is satisfied that the application for renewal is made by or with the consent of the parent or guardian of the person to whom the licence relates.

(5)A [justice of the peace]

(a)may vary a licence granted under this section and may at any time revoke such a licence for any cause which he, in his discretion, considers sufficient:

(b)need not, when renewing or varying a licence granted under this section, require the attendance before him of the person to whom the licence relates.

(6)The [F48justice of the peace] to whom application is made for the grant, renewal or variation of a licence shall, unless he is satisfied that in the circumstances it is unnecessary, require the applicant to give such security as he may think fit (either by entering into a recognisance with or without sureties or otherwise) for the observance of the restrictions and conditions in the licence or in the licence as varied, and the recognisance may be enforced in like manner as a recognisance for the doing of some matter or thing required to be done in a proceeding before a [F52relevant court] is enforceable.

(7)If any case where a licence has been granted under this section, it is proved to the satisfaction of a [F48justice of the peace] that by reason of exceptional circumstances it is not in the interests of the person to whom the licence relates to require him to return from abroad at the expiration of the licence, then, notwithstanding anything in this section or any restriction or condition attached to the licence, [F53the justice of the peace] may by order release all persons concerned from any obligation to cause that person to return from abroad.

(8)Where a licence is granted, renewed or varied under this section, the [F48justice of the peace] shall send the prescribed particulars to the Secretary of State for transmission to the proper consular officer, and every consular officer shall register the particulars so transmitted to him and perform such other duties in relation thereto as the Secretary of State may direct.

F54(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)This and the next following section extend to Scotland and to Northern Ireland.

[F55(11)In this section “the relevant court”—

(a)in relation to England and Wales, means a magistrates' court;

(b)in relation to Scotland, means a sheriff court;

(c)in relation to Northern Ireland, means a court of summary jurisdiction.]

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Amendments (Textual)

F44S. 25(1): “(a)” inserted (4.8.1998) by S.I. 1998/276, reg. 5(a).

F45S. 25(1)(b) and word “or” immediately preceding inserted (4.8.1998) by S.I. 1998/276, reg. 5(b).

F48Words in s. 25(2)(4)-(8) substituted (4.8.1998) by S.I. 1998/276, reg. 5(d).

F50Words in s. 25(2) substituted (4.8.1998) by S.I. 1998/276, reg. 5(c).

F51Words in s. 25(3) substituted (4.8.1998) by S.I. 1998/276, reg. 5(e).

F53Words in s. 25(7) substituted (4.8.1998) by S.I. 1998/276, reg. 5(f).

F54S. 25(9) repealed (4.8.1998) by S.I. 1998/276, reg. 5(g).

Modifications etc. (not altering text)

25 Restrictions on persons under eighteen going abroad for the purpose of performing for profit. S+N.I.

(1)No person having the custody, charge or care of any [F85child] shall allow him, nor shall any person cause or procure any [F85child], to go abroad[F86(a)] for the purpose of singing, playing performing, or being exhibited, for profit, [F87or

F87(b)for the purpose of taking part in a sport, or working as a model, where payment in respect of his doing so, other than for defraying expenses, is made to him or to another person,]

unless . . . F88 a licence has been granted in respect of him under this section:

Provided that this subsection shall not apply in any case where it is proved that the [F85child] was only temporarily resident within [F89the United Kingdom].

(2)A [F90justice of the peace] may grant a licence in such form as the Secretary of State may prescribe, and subject to such restrictions and conditions as the [F90justice of the peace] thinks fit, for any [F91child who has attained the age of fourteen years] to go abroad [F92for any purpose referred to in subsection (1) of this section,] but no such license shall be granted in respect of any person unless the [F90justice of the peace] is satisfied—

(a)that the application for the licence is made by or with the consent of his parent or guardian;

(b)that he is going abroad to fulfil a particular engagement;

(c)that he is fit for the purpose, and that proper provision has been made to secure his health, kind treatment, and adequate supervision while abroad, and his return from abroad at the expiration or revocation of the licence;

(d)that there has been furnished to him a copy of the contract of employment or other document showing the terms and conditions of employment drawn up in a language understood by him.

(3)A person applying for a licence under this section, shall, at least seven days before making the application, give to the chief officer of police for the district in which the person resides to whom the application relates, notice of the intended application together with a copy of the contract of employment or other document showing the terms and conditions of employment, and the chief officer of police send that copy to [F93a justice of the peace] and may make a report in writing on the case to him or may appear, or instruct some person to appear, before him and show cause why the licence should not be granted, and [F93the justice of the peace] shall not grant the licence unless he is satisfied that notice has been properly so given:

Provided that if it appears that the notice was given less than seven days before the making of the application, [F93the justice of the peace] may nevertheless grant a licence if he is satisfied that the officer to whom the notice was given has made sufficient enquiry into the facts of the case and does not desire to oppose the application.

(4)A licence under this section shall not be granted for more than three months but may be renewed by a [F90justice of the peace] from time to time for a like period, so, however, that no such renewal shall be granted, unless the [F90justice of the peace]

(a)is satisfied by a report of a British consular officer or other trustworthy person that the conditions are being complied with;

(b)is satisfied that the application for renewal is made by or with the consent of the parent or guardian of the person to whom the licence relates.

(5)A [F90justice of the peace]

(a)may vary a licence granted under this section and may at any time revoke such a licence for any cause which he, in his discretion, considers sufficient:

(b)need not, when renewing or varying a licence granted under this section, require the attendance before him of the person to whom the licence relates.

(6)The [F90justice of the peace] to whom application is made for the grant, renewal or variation of a licence shall, unless he is satisfied that in the circumstances it is unnecessary, require the applicant to give such security as he may think fit (either by entering into a recognisance with or without sureties or otherwise) for the observance of the restrictions and conditions in the licence or in the licence as varied, and the recognisance may be enforced in like manner as a recognisance for the doing of some matter or thing required to be done in a proceeding before a [F94relevant court] is enforceable.

(7)If any case where a licence has been granted under this section, it is proved to the satisfaction of a [F90justice of the peace] that by reason of exceptional circumstances it is not in the interests of the person to whom the licence relates to require him to return from abroad at the expiration of the licence, then, notwithstanding anything in this section or any restriction or condition attached to the licence, [F95the justice of the peace] may by order release all persons concerned from any obligation to cause that person to return from abroad.

(8)Where a licence is granted, renewed or varied under this section, the [F90justice of the peace] shall send the prescribed particulars to the Secretary of State for transmission to the proper consular officer, and every consular officer shall register the particulars so transmitted to him and perform such other duties in relation thereto as the Secretary of State may direct.

F96(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)This and the next following section extend to Scotland and to Northern Ireland.

[F97(11)In this section “the relevant court”—

(a)in relation to England and Wales, means a magistrates' court;

(b)in relation to Scotland, means a sheriff court;

(c)in relation to Northern Ireland, means a court of summary jurisdiction.]

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Extent Information

E2This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.

Amendments (Textual)

F86S. 25(1): “(a)” inserted (4.8.1998) by S.I. 1998/276, reg. 5(a).

F87S. 25(1)(b) and word “or” immediately preceding inserted (4.8.1998) by S.I. 1998/276, reg. 5(b).

F90Words in s. 25(2)(4)-(8) substituted (4.8.1998) by S.I. 1998/276, reg. 5(d).

F92Words in s. 25(2) substituted (4.8.1998) by S.I. 1998/276, reg. 5(c).

F93Words in s. 25(3) substituted (4.8.1998) by S.I. 1998/276, reg. 5(e).

F95Words in s. 25(7) substituted (4.8.1998) by S.I. 1998/276, reg. 5(f).

F96S. 25(9) repealed (4.8.1998) by S.I. 1998/276, reg. 5(g).

Modifications etc. (not altering text)

26 Punishment of contraventions of last foregoing section and proceedings with respect thereto. E+W+S+N.I.

(1)If any person acts in contravention of the provisions of subsection (1) of the last foregoing section he shall be guilty of an offence under this section and be liable, on summary conviction, to a fine not exceeding [F56level 3 on the standard scale], or, alternatively, , . . . F57or in addition thereto, to imprisonment for any term not exceeding three months:

Provided that if he procured [F58the child in question] to go abroad by means of any false pretence or false representation, he shall be liable on conviction on indictment to imprisonment for any term not exceeding two years.

(2)Where, in proceedings under this section against a person, it is proved that he caused, procured, or allowed [F59a child] to go abroad and that

[F60(a)][F61that child] has while abroad been singing, playing, performing, or being exhibited, for profit, [F62or

F62(b)that child has while abroad taken part in a sport, or worked as a model, and payment in respect of his doing so, other than for defraying expenses, was made to him or to another person,]

the defendant shall be presumed to have caused, procured, or allowed him to go abroad for that purpose, unless the contrary is proved:

Provided that where the contrary is proved, the court may order the defendant to take such steps as the court directs to secure the return of [F63the child] to the United Kingdom, or to enter into a recognisance to make such provision as the court may direct to secure his health, kind treatment, and adequate supervision while abroad, and his return to the United Kingdom at the expiration of such period as the court may think fit.

(3)Proceedings in respect of an offence under this section or for enforcing a recognisance under this or the last foregoing section may be instituted at any time within a period of three months from the first discovery by the person taking the proceedings of the commission of the offence or, as the case may be, the non-observance, of the restrictions and conditions contained in the licence, or, if at the expiration of that period the person against whom it is proposed to institute the proceedings is outside the United Kingdom, at any time within six months after his return to the United Kingdom.

(4)In any such proceedings as aforesaid, a report of any British consular officer and any deposition made on oath before a British consular officer and authenticated by the signature of that officer, respecting the observance or non-observance of any of the conditions or restrictions contained in a licence granted under the last foregoing section shall, upon proof that the consular officer, or deponent, cannot be found in the United Kingdom, be admissible in evidence, and it shall not be necessary to prove the signature or official character of the person appearing to have signed any such report or deposition.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

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Amendments (Textual)

F60S. 26(2): “(a)” inserted (4.8.1998) by S.I. 1998/276, reg. 6(a).

F62S. 26(2)(b) and word “or” immediately preceding inserted (4.8.1998) by S.I. 1998/276, reg. 6(b).

Modifications etc. (not altering text)

SupplementalE+W+S+N.I.

27 Byelaws.E+W

(1)A byelaw made under this Part of this Act shall not have effect until confirmed by the Secretary of State and shall not be so confirmed until at least thirty days after the local authority have published it in such manner as the Secretary of State directs.

(2)Before confirming such a byelaw the Secretary of State shall consider any objections thereto which may be addressed to him by persons affected or likely to be affected thereby, and may order a local enquiry to be held, and where such an enquiry is held, the person holding it shall receive such remuneration as the Secretary of State determines, and that remuneration and the expenses of the enquiry shall be paid by the local authority.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

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Amendments (Textual)

28 Powers of entry.E+W

(1)If it is made to appear to a justice of the peace by the local authority, or by any constable, that there is reasonable cause to believe that the provisions of this Part of this Act, other than those relating to employment abroad, or of a byelaw [F67or regulation] made under the said provisions, are being contravened with respect to any person, the justice may by order under his hand addressed to an officer of the local authority, or to a constable, empower him to enter, at any reasonable time within forty-eight hours of the making of the order, any place in or in connection with which the person in question is, or is believed to be, employed, or as the case may be, in which he is, or is believed to be, taking part in [F68a performance], [F69being trained, taking part in a sport, or working as a model,] and to make enquiries therein with respect to that person.

[F70(2)Any authorised officer of the said authority or any constable may—

(a)at any time enter any place used as a broadcasting studio . . . F71or film studio or used for the recording of a performance with a view to its use in a [F72programme service] or in a film intended for public exhibition and make inquiries therein as to any children taking part in performances to which [F73subsection (2) of]section 37 of the M3Children and Young Persons Act 1963 applies;

(b)at any time during the currency of a licence granted under the said section 37 or under the provisions of this Part of this Act relating to training for dangerous performances enter any place (whether or not it is such a place as is mentioned in paragraph (a) of this subsection) where the person to whom the licence relates is authorised by the licence to [F74do anything] or to be trained, and may make inquiries therein with respect to that person.]

(3)Any person who obstructs any officer or constable in the due exercise of any powers conferred on him by or under this section, or who refuses to answer or answers falsely any enquiry authorised by or under this section to be made, shall be liable on summary conviction in respect of each offence to a fine not exceeding [F75level 2 on the standard scale].

[F76(4)In this section—

  • broadcasting studio” means a studio used in connection with the provision of a programme service;

  • programme service” has the same meaning as in the Broadcasting Act 1990.]

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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)

F69Words in s. 28(1) substituted (4.8.1998) by S.I. 1998/276, reg. 7(a).

F73Words in s. 28(2)(a) inserted (4.8.1998) by S.I. 1998/276, reg. 7(b).

F74Words in s. 28(2)(b) substituted (4.8.1998) by S.I. 1998/276, reg. 7(c).

F76S. 28(4) was inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96) s. 57(1), Sch. 5 para. 4(2) (which was repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(3), Sch. 21) and a new subsection (4) is substituted by s. 203(1), Sch. 20 para. 3(1)(b) of that 1990 Act.

Modifications etc. (not altering text)

C12S. 28(1)(3) applied (1.11.1996) (temp.) by 1996 c. 56, ss. 559(5)(6), 583(2) (with ss. 1(4), 561, 562, Sch. 39)

Marginal Citations

29 Savings.E+W

(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

(4)The said provisions shall be in addition to and not in substitution for any enactments relating to employment in factories, workshops, mines and quarries, or for giving effect to any international convention regulating employment.

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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)

30 Interpretation of Part II.E+W+S+N.I.

[F79(1)]For the purposes of this Part of this Act and of any byelaws [F80or regulations] made thereunder—

  • [F81The expression “child” means—

    (a)

    in relation to England and Wales, a person who is not [F82over compulsory school age (construed in accordance with section 8 of the Education Act 1996)]

    (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;]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

  • The expression “performance of a dangerous nature” includes all acrobatic performances and all performances as a contortionist;

  • The expression “street trading” includes the hawking of newspapers, matches, flowers and other articles, playing, singing or performing for profit, shoe-blacking and other like occupations carried on in streets or public places;

  • 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;

  • A chorister taking part in a religious service or in a choir practice for a religious service shall not, whether he receives any reward or not, be deemed to be employed; and

  • The expression “abroad” means outside Great Britain and Ireland.

[F84(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.]

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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)

F79Existing provisions of s. 30, as amended are constituted as s. 30(1) by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III, para. 8

F80Words inserted by Employment of Children Act 1973 (c. 24. SIF 43:4). s. 3(4), Sch. 1 Pt. I para. 4

F83Words repealed by Education Act 1944 (c. 31. SIF 41:1). Sch. 9 Pt. I

Modifications etc. (not altering text)

C14S. 30(1)(a) amended (1.11.1996) (temp.) by 1996 c. 56, ss. 582(4), 583(2), Sch. 40 para. 1 (with ss. 1(4), 561, 562, Sch. 39)

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