C3Part III Employment
General Provisions as to Employment
28 Restrictions on employment of children.
1
Subject to the provisions of this section and of any byelaws made thereunder, no child shall be employed—
F18a
so long as he is under the age of thirteen years;
b
before the close of school hours on any day on which he is under obligation to attend school; or
F19c
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 under obligation 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
An education authority may make byelaws with respect to the employment of children, and any such byelaws may distinguish between children of different ages and sexes and between different localities, trades, occupations and circumstances, and may contain provisions—
a
authorising—
F20i
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 under obligation 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;
so, however, that no such byelaws 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 byelaws shall have effect in addition to the said restrictions.
F213
Nothing in this section or in any byelaw 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 M3Children and Young Persons Act 1963 no licence under that section is required for him to take part in the performance.
29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
30 Street trading. C4
F221
Subject to subsection (2) of this section, no child shall engage or be employed in street trading.
2
An education authority may make byelaws F23authorising children who have attained the age of fourteen years to be employed by their parents in street trading to such extent as may be specified in the byelaws, and for regulating street trading under the byelaws by persons who are so authorised to be employed in such trading;and byelaws so made may distinguish between persons of different ages and sexes and between different localities, and may contain provisions—
a
forbidding any such person to engage or be employed in street trading unless he holds a licence granted by the authority, and regulating the conditions on which such licences may be granted, suspended, and revoked;
b
determining the days and hours during which, and the places at which, such persons may engage or be employed in street trading;
c
requiring such persons so engaged or employed to wear badges;
d
regulating in any other respect the conduct of such persons while so engaged or employed.
31 Penalties and legal proceedings in respect of general provisions as to employment.
C51
If a person is employed in contravention of any of the foregoing provisions of this Part of this Act, or of the provisions of any byelaw F24or regulations made thereunder, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be liable on conviction by a court of summary jurisdiction to a fine not exceeding F25level 3 on the standard scaleor, in the case of a second or subsequent offence, not exceeding F25level 3 on the standard scale:
Provided that, if proceedings are brought against the employer, the employer, upon complaint duly laid by him and on giving to the prosecutor not less than three days’ notice of his intention, shall be entitled to have any person (other than the person employed) to whose act or default he alleges that the contravention was due, brought before the court as a party to the proceedings, and if, after the contravention has been proved, the employer proves to the satisfaction of the court that the contravention was due to the act or default of the said other person, that person may be convicted of the offence; and if the employer further proves to the satisfaction of the court that he has used all due diligence to secure that the provisions in question should be complied with, he shall be acquitted of the offence.
C62
Where an employer seeks to avail himself of the proviso to the last foregoing subsection—
a
the prosecutor shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his charge against the other person, and to call rebutting evidence; and
b
the court may make such order as it thinks fit for the payment of expenses by any party to the proceedings to any other party thereto.
3
A F26child, who engages in street trading in contravention of the provisions of the last foregoing section, or of any byelaw made thereunder, shall be liable on conviction by a court of summary jurisdiction to a fine not exceeding F25level 1 on the standard scale, or in the case of a second or subsequent offence, not exceeding F25level 1 on the standard scale.
Entertainments and Performances
32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
33 Prohibition of persons under sixteen taking part in performances endangering life or limb.
No F27childshall take part in any F28performance to which section 37 of the M4Children and Young Persons Act 1963 applies and in which his life or limbs are endangered and every person who causes or procures F29 a child, or, being his parent or guardian, allows him, to take part in such a performance, shall be liable on sumary conviction to a fine not exceeding F30level 3 on the standard scale or, in the case of a second or subsequent offence, not exceeding F30level 3 on the standard scale.
34 Restrictions on training for performances of a dangerous nature. C1
1
No F3childunder the age of twelve years shall be trained to take part in performances of a dangerous nature, and no F4child who has attained that ageshall be trained to take part in such performances except under and in accordance with the terms of a licence granted and in force under this section; and every person who causes or procures a person, or being his parent or guardian allows him, to be trained to take part in performances of a dangerous nature in contravention of this section, shall be lible on conviction by a court of summary jurisdiction to a fine not exceeding F5level 3 on the standard scale or, in the case of a second or subsequent offence, not exceeding F5level 3 on the standard scale.
2
An education authority may grant a licence for a F6child who has attained the age of twelve yearsto be trained to take part in performances of a dangerous nature.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
4
A licence under this section shall specifiy the place or places at which the person is to be trained and shall embody such conditions as are, in the opinion of the authority, necessary for his protection, but a licence shall not be refused if the authority are satisfied that the person is fit and willing to be trained and that proper provision has been made to secure his health and kind treatment.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Supplemental
35 Byelaws.
1
A byelaw made under this Part of this Act shall not have effect until confirmed by the Secretary of State . . . F8
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
C23
Byelaws so made may, without prejudice to any other method of proof, be proved in the like manner as that in which byelaws made under the M1Public Health (Scotland) Act 1897, by a local authority may be proved, and section one hundred and eighty-seven of that Act shall apply accordingly.
36 Powers of entry.
C71
If it is made to appear to a justice by the education authority, or by any constable, that there is reasonable cause to believe that the provisions of this Part of this Act or of a byelaw F31or regulation made thereunder are being contravened with respect to any person, the justice may by order under his hand addressed to an officer of the education authority, or to a constable, empower him to enter, at any reasonable time within forty-eight hours of the making of the order, any place in or in connection with which the person in question is, or is believed to be, employed, or as the case may be, in which he is, or is believed to be, taking part in F32a performance, or being trained, and to make inquiries therein with respect to that person.
F332
Any authorised officer of the said authority or any constable may—
a
at any time enter any place used as a broadcasting studio . . . F34or film studio or used for the recording of a performance with a view to its use in a F35programme serviceor in a film intended for public exhibition and make inquiries therein as to any children taking part in performances to which section 37 of the M5Children and Young Persons Act 1963 applies;
b
at any time during the currency of a licence granted under the said section 37 or under the provisions of this Part of this Act relating to training for dangerous performances enter any place (whether or not it is such a place as is mentioned in paragraph (a) of this subsection) where the person to whom the licence relates is authorised by the licence to take part in a performance or to be trained, and may make inquiries therein with respect to the person.
C83
Any person who obstructs any officer or constable in the due exercise of any powers conferred on him by or under this section, or who refuses to answer or answers falsely any inquiry authorised by or under this section to be made, shall be liable on summary conviction in respect of each offence to a fine not exceeding F36level 2 on the standard scale.
F374
In this section—
“broadcasting studio” means a studio used in connection with the provision of a programme service;
“programme service” has the same meaning as in the Broadcasting Act 1990
37 Interpretation of Part III.
For the purposes of the foregoing provisions of this Part of this Act and of any byelaws F10or regulations made thereunder—
F11a
The expression “child” means a person who is not for the purposes of the M2Education (Scotland) Act 1980 over school age;
b
The expression “performance of a dangerous nature” includes all acrobatic performances and all performances as a contortionist;
c
The expression “street trading” includes the hawking of newspapers, matches, flowers and other articles, playing, singing or performing for profit, shoe-blacking and other like occupations carried on in streets or public places;
F12d
Any reference to a day on which a child is under obligation to attend school shall be construed as a reference to a day upon which a meeting of the school he is attending is held;
e
A person who assists in a trade or occupation carried on for profit shall be deemed to be be employed notwithstanding that he receives no reward for his labour; and
f
A chorister taking part in a religious service or in a choir practice for a religious service shall not, whether he receives any reward or not, be deemed to be employed;
g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
38 Savings.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
3
4
The said provisions shall be in addition to and not in substitution for any enactments relating to employment in factories, workshops, mines and quarries, or for giving effect to any international convention regulating employment.
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
Pt III amended by Education (Scotland) Act 1962 (c. 47), s. 139; extended by Children and Young Persons Act 1963 (c. 37), s. 44(2)