Children (Public Performances) Regulations (Northern Ireland) 1996

Explanatory Note

(This note is not part of the Regulations.)

These regulations revoke and replace with amendments the Children’s (Performances Regulations) (Northern Ireland) 1971 (“the 1971 Regulations”). They make provision with respect to children in Northern Ireland who take part in a performance to which Article 137(1)(a) of the Children (Northern Ireland) Order 1995 (“the 1995 Order”) applies. For the purposes of these regulations a child means a person who is not over school-leaving age. Article 137(1)(a) applies to a performance in connection with which a charge for admission is made, a performance in licensed premises, a broadcast performance and any performance recorded (by whatever means) with a view to its use in a broadcast or in a film intended for public exhibition.

Part II of the regulations deals with an application for, and the grant of, a licence and the keeping of records by the licence holder. Regulation 3 of the 1971 Regulations allowed the licensing authority to refuse to grant a licence if the application was not received by it at least 21 days from the day on which the performance was due to take place. These Regulations increase that period from 21 to 30 days.

Part III of the regulations places restrictions on the grant of a licence. Regulation 8 prohibits the grant of a licence if the child has taken part in performances on more than a specified number of days during the previous year. The specified number of days in relation to a child over thirteen has been reduced by these Regulations from 79 days to 40 days and, in respect of a child under thirteen, from 39 days to 20 days. Regulation 10 requires the child to be medically fit.

Part IV of the regulations imposes certain restrictions and conditions attaching to all licences. They concern the welfare of the child, e.g. education and lodgings.

Parts V, VI and VII of the regulations limit the number of performances per week, the maximum number and length of daily performances and the length of time that a child can be present at the place of performance. Part V relates to performances, other than broadcast or recorded performances, for which a licence is required. Part VI relates to broadcast and recorded performances for which a licence is required. Part VII relates to performances for which a licence is not required because during the preceding six months the child has not taken part in performances on more than three days.

Any person who contravenes Article 137 or 140 of the 1995 Order shall be guilty of an offence under Article 147 of that Order and be liable to a fine not exceeding level 3 on the standard scale (currently £1,000).