(1)If it appears to a local education authority that a child who is a registered pupil at a [F1community, foundation], voluntary or special school is being employed in such a manner as to be prejudicial to his health, or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may serve a notice in writing on the employer—
(a)prohibiting him from employing the child, or
(b)imposing such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child.
(2)A local education authority may serve a notice in writing on the parent or employer of a child who is a registered pupil at a [F2community, foundation], voluntary or special school requiring the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.
(3)A person who—
(a)employs a child in contravention of any prohibition or restriction imposed under subsection (1), or
(b)fails to comply with the requirements of a notice served under subsection (2),
shall be guilty of an offence.
(4)A person guilty of an offence under this section shall be liable on summary conviction—
(a)to a fine not exceeding level 1 on the standard scale, or
(b)to imprisonment for a term not exceeding one month,
or both.
(5)Section 28(1) and (3) of the M1Children and Young Persons Act 1933 (powers of entry for the enforcement of the provisions of Part II of that Act as to the employment of children) shall apply with respect to the provisions of any notice served under this section as they apply with respect to the provisions of Part II of that Act.
(6)This section shall cease to have effect on the coming into force of section 2 of the M2Employment of Children Act 1973.
Textual Amendments
F1Words in s. 559(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 171(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
F2Words in s. 559(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 171(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
Modifications etc. (not altering text)
C1S. 559 applied (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 3
Marginal Citations