Part IIIS Employment

SupplementalS

35 Byelaws.S

(1)A byelaw made under this Part of this Act shall not have effect until confirmed by the Secretary of State . . . F1

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3)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 [F3Local Government (Scotland) Act 1973 (c. 65)] , by a local authority may be proved, and [F4section 204] of that Act shall apply accordingly.

36 Powers of entry.S

(1)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 [F5or 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 [F6a performance], [F7being trained, taking part in a sport, or working as a model,] and to make inquiries therein with respect to that person.

[F8(2)Any authorised officer of the said authority or any constable may—

(a)at any time enter any place used as a broadcasting studio . . . F9or film studio or used for the recording of a performance with a view to its use in a [F10programme service]or in a film intended for public exhibition and make inquiries therein as to any children taking part in performances to which [F11subsection (2) of]section 37 of the M1Children 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 [F12do anything] or to be trained, and may make inquiries therein with respect to the person.]

(3)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 [F13level 2 on the standard scale].

[F14(4)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]

Textual Amendments

F7Words in s. 36(1) substituted (4.8.1998) by S.I. 1998/276, reg. 11(a)

F9Words inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s.57(1), Sch. 5 para 5(1) and repealed by Broadcasting Act 1990 (c. 42. SIF 96). s.203(1)(3), Sch. 12 Part II para. 1, Sch. 20 para. 4(1)(a). Sch. 21

F10Words substituted by virtue of Broadcasting Act 1990 (c. 42. SIF 96). s.203(1)(3), Sch. 20 para. 4(1)(a)

F11Words in s. 36(2)(a) substituted (4.8.1998) by S.I. 1998/276, reg. 11(b)

F12Words in s. 36(2)(b) substituted (4.8.1998) by S.I. 1998/276, reg. 11(c)

F14S. 36(4) inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96) s. 57(1), Sch. 5 para. 5(2) (which is repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(3), Sch. 21 the repeal being in force subject as mentioned in art. 3(3) of S.I. 1990/2347) and is substituted by virtue of s. 203(1), Sch. 2() para. 4(1)(b) of that 1990 Act

Modifications etc. (not altering text)

Marginal Citations

37 Interpretation of Part III.S

For the purposes of the foregoing provisions of this Part of this Act and of any byelaws [F15or regulations] made thereunder—

[F16(a)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;

[F17(d)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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

38 Savings.S

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(3)[F20The provisions of this Part of this Act relating to employment] shall not apply to a person detained in [F21a residential establishment where education is provided].

(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),(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19