The Children (Performances) (Miscellaneous Amendments) Regulations 1998

Amendments to the 1968 Regulations

2.—(1) The 1968 Regulations are amended in accordance with the provisions of this regulation.

(2) In regulation 1 (application for a licence)—

(a) in paragraph (1) for “take part in a performance to which section 37 of the Children and Young Persons Act 1963 applies”, substitute “do anything to which section 37(1) of the Act refers”;

(b) for paragraph (2) substitute the following new paragraph—

“(2) In the case of an application for a licence for a child—

(a) to take part in a performance, to which sub-section (2) of section 37 of the Act applies, the applicant shall be the person responsible for the production of the performance in which the child is to take part;

(b) to participate in an activity, the applicant shall be the person who is responsible for the organisation of the sporting event or, as the case may be, the person who proposes to engage the child as a model.”; and

(c) in paragraph (3) after “first performance” insert “or, as the case may be, the first occasion”.

(3) In regulation 2 (power of licensing authorities to obtain additional information)—

(a) in paragraph (1) after “performances” in both places where the word occurs insert “or activities”;

(b) in paragraph (2) after “performance” insert “or activity”.

(4) In regulation 3 (form of licence)—

(a) in paragraph (2) at the beginning insert “In the case of a licence for a performance,”; and

(b) after paragraph (2) insert the following new paragraph—

“(2A) In the case of a licence for an activity, the licence shall specify the nature of the activity, the place at which it is to take place and either—

(a) the dates on which it is to take place; or

(b) the number of days on which a child may participate and the period, not exceeding six months, in which the activity may take place.”.

(5) In regulation 4 (particulars to be sent to a local authority under section 39(3) of the Act) after “performance” insert “or activity”.

(6) In regulation 5 (records to be kept by the holder of the licence under section 39(5) of the Act) for “performance or last performance” substitute “occasion or last occasion”.

(7) In regulation 6 (number of performing days)—

(a) in paragraph (1) for “shall not grant a licence in respect of a child” substitute “shall not grant a licence in respect of a performance by a child”; and

(b) paragraph (5) is omitted.

(8) In regulation 7 (troupe work) in paragraph (1) after “licence” insert “in respect of a performance”.

(9) In regulation 10 (education) in paragraph (1) after “the performances” insert “or activities”.

(10) In regulation 11 (earnings) after “performance” insert “or activity”.

(11) In regulation 12 (matrons) in paragraph (1) after “performance” insert “or, as the case may be, occasion”.

(12) In regulation 13 (lodgings)—

(a) in paragraph (1) after “performance” insert “or activity to which a licence relates”; and

(b) in paragraph (2)(a) after “rehearsal” insert “or, as the case may be, to the place where the activity to which the licence relates is to take place,”.

(13) In regulation 14 (place of performance and place of rehearsal)—

(a) for paragraph (1) substitute—

“(1) A child shall not take part in a performance, rehearsal or activity for which a licence is required unless the place where he is to perform, rehearse or take part in any such activity has been approved by the local authority.”; and

(b) in paragraphs (2) and (3) for “performance or rehearsal”, wherever the words occur, substitute “performance, rehearsal activity”.

(14) In regulation 15 (arrangements for getting home) after “rehearsal” insert “or the conclusion of any activity”.

(15) In regulation 19 (production of licence) after “performance” insert “or, as the case may be, the place where the activity to which the licence relates takes place”.

(16) After Part VI insert the following new Part—

“PART VIA LICENCES TO PERFORM AND PARTICIPATE IN ACTIVITIES ABROAD

41A.   A licence under section 25 of the Children and Young Persons Act 1933 authorising a child to go abroad for any purpose specified in sub-section (1) of that section shall be in the form set out in Part I of Schedule 4.

41B.   Where a licence under section 25 of the Children and Young Persons Act 1933 is granted, renewed or varied in accordance with that section, the particulars which the justice of the peace must send to the Secretary of State for transmission to the proper consular officer are those specified in Part II of Schedule 4.”.

(17) In regulation 42 (interpretation)—

(a) after the defintion of “the Act” insert—

““activity” means participation in a sport or work as a model in the circumstances specified in sub-section (1)(b) of section 37 of the Act”;

(b) for the definition of “licence” substitute ““licence” means a licence authorising a child to do anything for which, by virtue of section 37(1) of the Act, a licence is required”; and

(c) in the definition of “performance” for “section 37” substitute “section 37(2)”.

(18) In Schedule 1 (form of application for a licence)—

(a) in Part I for paragraph 1, substitute—

“

”;

(b) in paragraph 3(c) after “in the performances” insert “or regulating the activity”;

(c) in the Annexe to Part 1—

(i) in paragraphs 1, 3 to 6, 8, 10 and 18 after “performances”, wherever the word occurs, insert “or activities”,

(ii) in paragraph 9 at the beginning insert “Where a licence is requested in respect of a performance,”,

(iii) in paragraph 17 for “performance or rehearsal”, wherever the words occur, substitute “performance, rehearsal or activity”, and

(iv) after paragraph 18 insert—

“19   Where the application is for a licence for an activity, a statement by the child’s parent that the child is medically fit for the proposed activity.”; and

(d) in Part II—

(i) in paragraph 5 at the end insert “or activities”,

(ii) in paragraph 8 at the end insert “or activity”,

(iii) in paragraph 9 after “performance” insert “or first activity”, and

(iv) in paragraph 10(i) after “performances”, in the first place where the word occurs, insert “or activities”.

(19) In Schedule 2 (form of licence)—

(a) after paragraph (2) insert—

“(3) otherwise to take part in a sport for payment (other than expenses) on the dates specified below or on the number of days and during the period specified below, or

(4) otherwise to work as a model for payment (other than expenses) on the dates specified below or on the number of days and during the period specified below,”; and

(b) for “The performances in respect of which the licence is granted are” substitute “The performances or activities in respect of which the licence is granted are”.

(20) In Schedule 3 (records to be kept by the holder of a licence)—

(a) after “holder of a licence” insert “granted in respect of a performance”; and

(b) at the end insert—

• “The holder of a licence granted in respect of any activity shall keep the records specified in paragraphs 1, 2(a), 3, 7 and 8 as if any reference in those paragraphs to a “performance” were a reference to the activity for which the licence was granted.”.

(21) After Schedule 3 insert as Schedule 4 the Schedule to these Regulations.