Employment of Children Act 1973

SCHEDULES

Section 1(3).

SCHEDULE 1 Amendments of Acts of 1933 and 1937: amended text of 1933 s. 18 and 1937 s. 28

PART I Amendments of the two Acts

The Children and Young Persons Act 1933 (c. 12)

1 (1) In section 18 of the Act of 1933—

(a) in subsection (2) for " A local authority may make byelaws " substitute " The Secretary of State may make regulations "; and

(b) in subsections (1), (2) and (3) for " byelaw " and " byelaws " substitute respectively " regulation " and " regulations ".

(2) In section 18(2) of the Act of 1933, after paragraph (c) insert—

“(d) prohibiting the employment of children otherwise than under and in accordance with a permit to be issued by the local education authority on application made in accordance with the regulations, and imposing on children and others requirements in connection with permits;

(e) requiring employers to furnish particulars with respect to children employed, or proposed to be employed, by them and to keep and produce records.”

(3) At the end of section 18 of the Act of 1933, insert—

“(4) Regulations of the Secretary of State under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.

2 In section 21(1) of the Act of 1933—

(a) after " byelaw " insert " or regulation "; and

(b) for " twenty pounds " and " fifty pounds " substitute respectively " £50 " and " £100 ".

3 In section 28(1) of the Act of 1933 after " byelaw " insert " or regulation ".

4 In section 30 of the Act of 1933, after " byelaws " insert " or regulations ".

The Children and Young Persons (Scotland) Act 1937 (c. 37)

5 (1) In section 28 of the Act of 1937—

(a) in subsection (2), for "An education authority may make byelaws" substitute " The Secretary of State may make regulations "; and

(b) in subsections (1), (2) and (3), for " byelaw " and " byelaws " substitute respectively " regulation " and " regulations ".

(2) In section 28(2) of the Act of 1937, after paragraph (c) insert—

“(d) prohibiting the employment of children otherwise than under and in accordance with a permit to be issued by the education authority on application made in accordance with the regulations, and imposing on children and others requirements m connection with permits ;

(e) requiring employers to furnish particulars with respect to children employed, or proposed to be employed, by them and to keep and produce records.”

(3) At the end of section 28 of the Act of 1937, insert—

“(4) Regulations of the Secretary of State under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.

6 In section 31(1) of the Act of 1937—

(a) after " byelaw " insert " or regulation "; and

(b) for " twenty pounds " and " fifty pounds " substitute respectively " £50 " and "£100 ".

7 In section 36(1) of the Act of 1937, after " byelaw " insert " or regulation ".

8 In section 37 of the Act of 1937, after " byelaws ", insert " or regulations ".

PART II 1933 s. 18 and 1937 s. 28 as amended

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

(a) so long as he is under the age of thirteen years ; or

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

(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 required 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) The Secretary of State may make regulations with respect to the employment of children, and any such regulations may distinguish between children of different ages and sexes and between different localities, trades, occupations and circumstances, and may contain provisions—

(a) authorising—

(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 required 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;

(d) prohibiting the employment of children otherwise than under and in accordance with a permit to be issued by the local education authority on application made in accordance with the regulations, and imposing on children and others requirements in connection with permits ;

(e) requiring employers to furnish particulars with respect to children employed, or proposed to be employed, by them and to keep and produce records ;

so, however, that no such regulations 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 regulations shall have effect in addition to the said restrictions.

(3) Nothing in this section, or in any regulation 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 [1963 c. 37.] Children and Young Persons Act 1963 no licence under that section is required for him to take part in the performance.

(4) Regulations of the Secretary of State under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

NOTE: Section 28 of the Act of 1937 is to be read as above set out, except that, in subsection (1)(b) and (d) and in subsection (2)(a)(ii), for " required " there shall be substituted " under obligation " ; and in subsection (2)(d), " local " should be omitted.

Section 3(3).

SCHEDULE 2 Repeals

Chapter	Short Title	Extent of Repeal
1933 c. 12.	The Children and Young Persons Act 1933.	Section 19.
1937 c. 37.	The Children and Young Persons (Scotland) Act 1937.	Section 29.
1944 c. 31.	The Education Act 1944.	Section 59.
1962 c. 47.	The Education (Scotland) Act 1962.	Section 137.
1969 c. 49.	The Education (Scotland) Act 1969.	Section 22.