The Children (Performances and Activities) (Wales) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

Parts 2 to 5 of these Regulations set out the requirements in relation to applications made to local authorities in Wales for, and the conditions that apply to, licences for performances and activities granted under section 37 of the Children and Young Persons Act 1963 (“the 1963 Act”), as well as requirements applicable to performances for which no licence is required by virtue of section 37(3)(a) of the 1963 Act.

Part 6 of these Regulations sets out requirements in respect of licences granted under section 25 of the Children and Young Persons Act 1933 (“the 1933 Act”) for children performing or taking part in activities abroad for profit.

Regulation 3 revokes the Children (Performances) Regulations 1968, and a number of sets of amending regulations, in respect of Wales.

Part 2 of these Regulations includes information as to documentation requirements relating to all licences, the powers of local authorities to impose conditions on a licence, records that must be retained by the licence holder and requirements in respect of the production of the licence by that person.

Part 3 of these Regulations sets out general requirements in respect of all licensed performances and activities. These include measures concerning the wellbeing of the child, in particular in relation to their education, supervision and accommodation during the period to which the licence applies.

Part 4 of these Regulations sets out requirements that apply to licensed performances and to performances for which a licence would be required, but for the exemption under section 37(3)(a) of the 1963 Act. These include restrictions in relation to working hours and breaks.

Part 5 of these Regulations sets out further restrictions and exceptions to the rules in Part 4, which apply to licensed performances only. These further relate to working hours and breaks and allow local authorities in Wales and chaperones to exercise discretion in certain circumstances.

Part 6 of these Regulations sets out the requirements in relation to the content of licences granted under section 25 of the 1933 Act (permitting children to perform or take part in activities abroad for profit), and information that must be provided to the Welsh Ministers under section 25(8) of that Act, for transmission to the proper consular officer.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained by contacting the Education and Public Services Group, Welsh Government, Cathays Park, Cardiff CF10 3NQ.