29Employment of children in Scotland(1)

The Children and Young Persons (Scotland) Act 1937 is amended as follows.

(2)

For section 28 substitute—

28Restrictions on employment of children(1)

A child may not be employed to work—

(a)

so long as the child is under the age of 14 (subject to regulations under subsection (2));

(b)

to do any work other than light work;

(c)

to do work of a description specified in regulations made by the Scottish Ministers;

(d)

before 7.00 a.m. or after 8.00 p.m. on any day;

(e)

on any day on which the child is required to attend school—

(i)

for more than one hour before the start of school hours,

(ii)

during school hours, or

(iii)

for more than two hours in total in the day;

(f)

for more than 12 hours in any week in which the child is required to attend school;

(g)

for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school;

(h)

for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school;

(i)

for more than four hours in any day without a break of one hour;

(j)

at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school.

(2)

The Scottish Ministers may by regulations authorise the employment of children aged 13 to do specified descriptions of light work.

(3)

A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the Scottish Ministers.

(4)

The Scottish Ministers may by regulations—

(a)

make provision in relation to child employment permits;

(b)

provide that subsection (3) does not apply in specified cases or circumstances;

(c)

make provision about the keeping of records.

(5)

The provision that may be made in reliance on subsection (4)(a) includes provision—

(a)

authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application;

(b)

requiring a local authority to have regard to specified matters when determining an application;

(c)

for the grant of a child employment permit subject to conditions determined by a local authority;

(d)

requiring a child employment permit to contain specified information;

(e)

authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances;

(f)

about appeals against—

(i)

a decision to reject an application, or

(ii)

the revocation of a child employment permit;

(g)

imposing requirements on persons employing children (including requirements to produce child employment permits for inspection);

(h)

requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in Scotland, to a local authority in England or to a local authority in Wales.

(6)

The Scottish Ministers may by regulations make provision (subject to subsection (1) and regulations under subsection (2))—

(a)

specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed;

(b)

specifying the intervals to be allowed to children for meals and breaks, when in employment;

(c)

about entitlement to leave;

(d)

specifying other conditions to be met in relation to the employment of children.

(7)

Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything—

(a)

under the authority of a licence granted under this Part, or

(b)

in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it.

(8)

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 education (through attendance at school or otherwise) as required by section 30 of the Education (Scotland) Act 1980 or to their participation in work experience in accordance with section 123 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be);

“local authority in England” and “local authority in Wales” have the same meaning as in the Education Act 1996 (see section 579(1) of that Act);

“specified”, in relation to regulations made under any provision of this section, means specified in the regulations;

“week” means any period of seven consecutive days;

“year” means a period of 12 months beginning with 1 January.

28ARegulations under section 28: further provision(1)

Regulations under section 28 may—

(a)

make different provision for different purposes or areas;

(b)

make provision subject to exceptions;

(c)

make transitional or saving provision.

(2)

Regulations under section 28 may provide for the processing of information in accordance with the regulations not to be in breach of—

(a)

any obligation of confidence owed by the person processing the information, or

(b)

any other restriction on the processing of information (however imposed).

(3)

Regulations under section 28 are subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(4)

In this section “processing” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

(3)

In section 31 (penalties and legal proceedings in respect of general provisions as to employment), in subsection (1), after “byelaw” insert “or regulations”.

(4)

In section 35 (confirmation of byelaws), in subsection (1), for “Secretary of State” substitute “Scottish Ministers”.

(5)

In section 36 (powers of entry), in subsection (1), after “byelaw” insert “or regulations”.

(6)

In section 37 (interpretation), after “byelaws” insert “or regulations”.

(7)

In section 38 (savings)—

(a)

omit subsection (3);

(b)

in subsection (4), for “The said provisions” substitute “The provisions of this Part relating to employment”.

(8)

In section 110 (1) (interpretation), omit the definitions of “borstal institution” and “residential establishment”.