The Children (Northern Ireland) Order 1995

Offences N.I.

147.—(1) Any person who employs a child in contravention of—

(a) Article 135; or

(b) regulations under Article 136,

and any person (other than the child) to whose act or default the contravention is attributable shall be guilty of an offence.

(2) Any person who—

(a) causes or procures a child; or

(b) being his parent, allows a child,

to take part in any performance in contravention of Article 137 or 141 or to be trained to take part in performances of a dangerous nature in contravention of Article 142 or 143 shall be guilty of an offence.

(3) In paragraph (2)(b) “parent” includes—

(a) any person who is not a parent of the child but who has parental responsibility for him; and

(b) any person who has care of the child.

(4) Any person who—

(a) fails to observe—

(i) any condition subject to which a licence under this Part is granted; or

(ii) any condition prescribed under Article 137(3); or

(b) in or in connection with an application for a licence under this Part or for the variation of a licence under Article 139, knowingly or recklessly makes any statement which is false in a material particular or in a material respect misleading;

(c) fraudulently alters or uses, or permits to be fraudulently altered or used—

(i) any licence under this Part; or

(ii) any record which he is required to keep under Article 140;

(d) fails to keep or produce any record which he is required to keep or produce under Article 140,

shall be guilty of an offence.

(5) Where the commission by any person of an offence under paragraph (1) is due to an act or default of some other person, that other person may be charged with and convicted of the offence whether or not proceedings are taken against the first-mentioned person.

(6) Any person who is guilty of an offence under paragraph (1), (2) or (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) The court by which the holder or one of the holders of a licence under this Part is sentenced for an offence under paragraph (2) or (4) may revoke the licence.

(8) Any child who engages in street trading in contravention of Article 135(4) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(9) Any person who intentionally obstructs any officer of [F1 the Education Authority] or any constable in the exercise of any powers conferred on him by or under Article 146 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

F1 Words in art. 147(9) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 14(22) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)