Children and Young Persons (Scotland) Act 1937

28 Restrictions on employment of children. S

(1) Subject to the provisions of this section and of any byelaws made thereunder, no child shall be employed—

[F1 (a) so long as he is under the age of thirteen years];

(b) before the close of school hours on any day on which he is under obligation to attend school; or

[F2 (c) before seven o’clock in the morning or after seven o’clock in the evening on any day; or]

(d) for more than two hours on any day on which he is under obligation to attend school; or

(e) for more than two hours on any Sunday; or

(f) to lift, carry or move anything so heavy as to be likely to cause injury to him.

(2) An education authority may make byelaws with respect to the employment of children, and any such byelaws may distinguish between children of different ages and sexes and between different localities, trades, occupations and circumstances, and may contain provisions—

(a) authorising—

[F3 (i) the employment of children under the age of thirteen years (notwithstanding anything in paragraph (a) of the last foregoing subsection) by their parents or guardians in light agricultural or horticultural work];

(ii) the employment of children (notwithstanding anything in paragraph (b) of the last foregoing subsection) for not more than one hour before the commencement of school hours on any day on which they are under obligation to attend school;

(b) prohibiting absolutely the employment of children in any specified occupation;

(c) prescribing—

(i) the age below which children are not to be employed;

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

(iii) the intervals to be allowed to them for meals and rest;

(iv) the holidays or half-holidays to be allowed to them;

(v) any other conditions to be observed in relation to their employment;

so, however, that no such byelaws shall modify the restrictions contained in the last foregoing subsection save in so far as is expressly permitted by paragraph (a) of this subsection, and any restriction contained in any such byelaws shall have effect in addition to the said restrictions.

[F4 (3) Nothing in this section or in any byelaw made under this section shall prevent a child from taking part in a performance—

(a) under the authority of a licence granted under this Part of this Act; or

(b) in a case where by virtue of section 37(3) of the M1 Children and Young Persons Act 1963 no licence under that section is required for him to take part in the performance.]

Textual Amendments

F1 S. 28(1)(a) substituted by Children Act 1972 (c. 44), s. 1(2)

F2 S. 28(1)(c) substituted by Children and Young Persons Act 1963 (c. 37), s. 34

F3 S. 28(2)(a)(i) substituted by Children Act 1972 (c. 44), s. 1(2)

F4 S. 28(3) substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 29(2)

Marginal Citations

M1 1963 c. 37.