The Children (Protection at Work) (Scotland) Regulations 2000

Made19th May 2000

Laid before the Scottish Parliament19th May 2000

Coming into force9th June 2000

The Scottish Ministers, in exercise of the powers conferred on them by section 2(2) of the European Communities Act 19721 in relation to measures relating to the employment of children and young persons and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement, interpretation and extent1

1

These Regulations may be cited as the Children (Protection at Work) (Scotland) Regulations 2000 and shall come into force on 9th June 2000.

2

In these Regulations, “the Act” means the Children and Young Persons (Scotland) Act 19372.

3

These Regulations extend to Scotland.

Amendments of the Act2

1

In section 28(2)(a)(i) of the Act3 (restrictions on employment of children), for the words “under the age of fourteen years” there are substituted the words “aged thirteen years”.

2

In section 30 of the Act4 (street trading)—

a

subsection (2)(b) is omitted; and

b

at the end, the following subsection is inserted—

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.

3

In section 33 of the Act5 (prohibition against persons under sixteen taking part in performances endangering life or limb)—

a

for the words “No child” there are substituted the words “No person under the age of sixteen years, and no child aged sixteen years,”; and

b

for the words “a child” there are substituted the words “such a person or child”.

SAM GALBRAITHA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh19th May 2000

(This note is not part of the Regulations)

These Regulations give further effect, in Scotland, to Council Directive 94/33/EC on the protection of young people at work (O.J. L216 20.8.94 p.12). Regulation 2(1) amends section 28 of the Children and Young Persons (Scotland) Act 1937 (“the Act”), raising to thirteen the minimum age at which children may be authorised by local authority byelaws to be employed in light agricultural or horticultural work. Regulation 2(2) amends section 30 of the Act so that local authority byelaws authorising children to take part in street trading must contain provisions determining the days and hours during which, and the places at which, they may do so. Regulation 2(3) amends section 33 of the Act so that only persons aged at least sixteen and who are also over compulsory school age may take part in performances of a dangerous nature.