138.—(1) [F1The Education Authority] may grant a licence for a child to take part in a performance to which Article 137 applies.
F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Subject to paragraph (4), [F3the Education Authority] shall not refuse to grant a licence for a child to take part in a performance or series of performances if [F3the Education Authority] is satisfied—
(a)that the child is fit to do so; and
(b)that proper provision has been made to secure the child's health and kind treatment; and
(c)that, having regard to such provision, if any, as has been or will be made for the child's education, his education will not suffer.
(4) [F4The Education Authority] shall not grant a licence in respect of a child who is under the age of 14 unless—
(a)the licence is for acting and the application for the licence is accompanied by a declaration that the part he is to act cannot be taken except by a child of about his age; or
(b)the licence is for dancing in a ballet which does not form part of an entertainment of which anything other than ballet or opera forms part and the application for the licence is accompanied by a declaration that the part he is to dance cannot be taken except by a child of about his age; or
(c)the nature of his part in the performance is wholly or mainly musical and either the nature of the performance is also wholly or mainly musical or the performance consists only of opera or ballet.
(5) The power of [F5the Education Authority] to grant licences under this Article shall be exercisable subject to such restrictions and conditions as the Department of Education may with the approval of the Department prescribe by regulations, and such conditions may include—
(a)conditions requiring the approval of [F5the Education Authority] (and may provide for that approval to be given subject to conditions imposed by [F5the Education Authority] );
(b)a condition requiring sums earned by the child in respect of whom the licence is granted in taking part in a performance to which the licence relates—
(i)to be paid into the county court and, subject to county court rules, applied or otherwise dealt with for the benefit of that child in such manner as the county court may direct, or
(ii)to be applied or otherwise dealt with in a manner approved by [F5the Education Authority] .
(6) A licence under this Article shall specify the times, if any, during which the child in respect of whom it is granted may be absent from school for the purposes authorised by the licence; and for the purposes of determining whether, under Article 45 of, and Schedule 13 to, the Education and Libraries (Northern Ireland) Order 1986F6, a registered pupil of a school has failed to attend regularly at the school, his absence at such times shall be disregarded.
F7(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Words in art. 138(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(10) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F2Art. 138(2) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F3Words in art. 138(3) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(11)(a) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F4Words in art. 138(4) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(11)(b) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F5Words in art. 138(5) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(11)(c) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F7Art. 138(7) repealed (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 4 (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)