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Statutory Instruments

2000 No. 1333

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

The Children (Protection at Work) Regulations 2000

Made

17th May 2000

Laid before Parliament

17th May 2000

Coming into force

7th June 2000

The Secretary of State for Health, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the employment of children and young persons, in exercise of the powers conferred by the said section 2(2) and of all powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Children (Protection at Work) Regulations 2000, and shall come into force on 7th June 2000.

(2) In these Regulations, “the Act” means the Children and Young Persons Act 1933(3).

Amendments of the Act

2.—(1) In section 18(2)(a)(i) of the Act(4) (restrictions on employment of children), for the words “under the age of fourteen years” are substituted the words “aged thirteen years”.

(2) In section 20 of the Act(5) (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 23 of the Act(6) (prohibition against persons under sixteen taking part in performances endangering life and 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”.

Signed by authority of the Secretary of State for Health

John Hutton

Minister of State,

Department of Health

17th May 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations give further effect, in England and Wales, to Council Directive 94/33/EC on the protection of young people at work (O.J. L216 of 20th August 1994, page 12). Regulation 2(1) amends section 18 of the Children and Young Persons Act 1933, 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 20 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 23 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.

(1)

See the European Communities (Designation) Order 1996 (S.I. 1996/266), article 2.

(4)

Section 18 was amended by the Children and Young Persons Act 1963 (c. 37), sections 34 and 64(1) and Schedule 3, paragraph 4; by the Children Act 1972 (c. 44), section 1(2); by the Employment of Children Act 1973 (c. 24), which however has not been brought into force; and by the Children (Protection at Work) Regulations 1998 (S.I. 1998/276), Regulation 2.

(5)

Section 20 was amended by the Children and Young Persons Act 1963 (c. 37), section 35(3); by the Employment Act 1989 (c. 38), section 10(2) and Schedule 3, Part III, paragraph 2(a) and (b); and by the Sunday Trading Act 1994 (c. 20), sections 4 and 9(2), Schedule 4, paragraph 24, and Schedule 5.

(6)

Section 23 was amended by the Children and Young Persons Act 1963 (c. 37), section 64(1) and Schedule 3, paragraph 5; by the Criminal Justice Act 1972 (c. 71), sections 38 and 46; by the Employment Act 1989 (c. 38), section 10(2) and Schedule 3, Part III, paragraph 4; and by the Children (Protection at Work) Regulations 1998 (S.I. 1998/276), Regulation 4.