Children and Young Persons Act 1933

Part II U.K. Employment

Modifications etc. (not altering text)

C1 Pt. II extended by Children and Young Persons Act 1963 (c. 37), s. 44(1)

General Provisions as to Employment E+W

18 Restrictions on employment of children. E+W

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

[F1 (a) so long as he is under the age of [F2 fourteen years]]; or

[F3 (aa) to do any work other than light work or;]

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

[F4 (c) before seven o’clock in the morning or after seven o’clock in the evening or 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

F5 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (g) for more than eight hours or, if he is under the age of fifteen years, for more than five hours in any day—

(i) on which he is not required to attend school, and

(ii) which is not a Sunday; or

(h) for more than thirty-five hours or, if he is under the age of fifteen years, for more than twenty-five hours in any week in which he is not required to attend school; or

(i) for more than four hours in any day without a rest break of one hour; or

(j) at any time in a year unless at that time he has had, or could still have, during a period in the year in which he is not required to attend school, at least two consecutive weeks without employment.]

(2) A local 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—

[F7 (i) the employment [F8 on an occasional basis] of children under the age of [F9 fourteen years] (notwithstanding anything in paragragh (a) of the last foregoing subsection) by their parents or guardians in light agricultural or horticultural work.]

[F10 (ia) the employment of children aged thirteen years (notwithstanding anything in paragraph (a) of the last foregoing subsection) in categories of light work specified in the byelaw.]

(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;

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.

[F11 (2A) In this section—

• “light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed—

  (a)

  is not likely to be harmful to the safety, health or development of children; and

  (b)

  is not such as to be harmful to their attendance at school or to their participation in work experience in accordance with section 560 of the Education Act 1996 F12 , or their capacity to benefit from the instruction received or, as the case may be, the experience gained;

• “week” means any period of seven consecutive days; and

• “year”, except in expressions of age, means a period of twelve months beginning with 1st January.]

[F13 (3) Nothing in this section, or in any byelaw made under this section, shall prevent a child from [F14 doing anything]—

(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 M1 Children and Young Persons Act 1963 no licence under that section is required for him to [F14 do it].]

Textual Amendments

F1 S. 18(1)(a) substituted by Children Act 1972 (c. 44), s. 1(2)

F2 Words in s. 18(1)(a) substituted (4.8.1998) by S.I. 1998/276, reg. 2(2)(a).

F3 S. 18(1)(aa) inserted (4.8.1998) by S.I. 1998/276, reg. 2(2)(b).

F4 S. 18(1)(c) substituted by Children and Young Persons Act 1963 (c. 37), s. 34

F5 S. 18(1)(f) repealed with specified exceptions (1.1.1993) by S.I. 1992/2793, art. 8, Sch. 2, Pt. I and omitted (4.8.1998) by S.I. 1998/276, reg. 2(2)(c) and repealed (31.12.1998) by virtue of S.I. 1998/2857 art. 1(2)(a).

F6 S. 18(1)(g)-(j) inserted (4.8.1998) by S.I. 1998/276, reg. 2(2)(d).

F7 S. 18(2)(a)(i) substituted by Children Act 1972 (c. 44), s. 1(2)

F8 Words in s. 18(2)(a)(i) inserted (4.8.1998) by S.I. 1998/276, reg. 2(3)(a).

F9 Words in s. 18(2)(a)(i) substituted (4.8.1998) by S.I. 1998/276, reg. 2(3)(a).

F10 S. 18(2)(a)(ia) inserted (4.8.1998) by S.I. 1998/276, reg. 2(3)(b).

F11 S. 18(2A) inserted (4.8.1998) by S.I. 1998/276, reg. 2(4).

F12 1996 c.56.

F13 S. 18(3) substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 4

F14 Words in s. 18(3)(b) substituted (4.8.1998) by S.I. 1998/276, reg. 2(5).

Marginal Citations

M1 1963 c. 37.

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 E+W

Textual Amendments

F15 S. 19 repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 10(1)(a), 29(4), Sch. 3 Pt. I, Sch. 7 Pt. II

20 Street trading. E+W

[F16 (1) Subject to subsection (2) of this section, no child shall engage or be employed in street trading.]

(2) A local authority may make byelaws [F17 authorising 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.

F18 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 S. 20(1) substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 2(a)

F17 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 2(b)

F18 S. 20(3) repealed (26.8.1994) by 1994 (c. 20), ss. 4, 5(2), Sch. 4 para. 24, Sch.5); S.I. 1994/1841, art. 2

Modifications etc. (not altering text)

C2 S. 20 restricted by Children and Young Persons Act 1963 (c. 37), s. 35(2)

21 Penalties and legal proceedings in respect of general provisions as to employment. E+W

(1) 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 [F19 or regulation] 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 summary conviction to a fine not exceeding [F20 twenty pounds][F21 £50] or, in the case of a second or subsequent offence, not exceeding [F20 fifty pounds][F22 £100]:

Provided that, if proceedings are brought against the employer, the employer, upon information duly laid by him and on giving to the prosecution 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.

(2) Where an employer seeks to avail himself of the proviso to the last foregoing subsection,

(a) the prosecution 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 costs by any party to the proceedings to any other party thereto.

[F23 (2A) Where a person is charged under this section with contravening section 18(1)(j) of this Act the proviso in subsection (1) of this section shall not apply, but it shall be a defence for him to prove that he used all due diligence to secure that section 18(1)(j) should be compiled with]

(3) A [F24 child], 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 summary conviction to a fine not exceeding [F25 ten pounds], or in the case of a second or subsequent offence, not exceeding [F25 twenty pounds].

Textual Amendments

F19 Words inserted (prosp.) by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 2(a)

F20 Words substituted by Children and Young Persons Act 1963 (c. 37), s. 36(a) in relation to offences committed after 3.3.1969

F21 Words “£50” substituted (prosp.) for words “twenty pounds” by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 2(b)

F22 Words “£100” substituted (prosp.) for words “fifty pounds” by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 2(b)

F23 S. 21(2A) inserted (4.8.1998) by S.I. 1998/276, reg. 3.

F24 Word substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 3

F25 Words substituted by Children and Young Persons Act 1963 (c. 37, s. 36(b) in relation to offences committed after 3.3.1969

Modifications etc. (not altering text)

C3 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

C4 S. 21(1) extended by Employment of Women, Young Persons, and Children Act 1920 (c. 65, SIF 43:4), s. 1(6)(a) as substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 1(a)

C5 S. 21(2) extended by Employment of Women, Young Persons, and Children Act 1920 (c. 65, SIF 43:4), s. 1(6)(a) as substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 1(a)

Entertainments and Performances E+W

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26 E+W

Textual Amendments

F26 Ss. 14(3), 22, 24(3)(5), 29(1)(2), 61 repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

23 Prohibition against persons under sixteen taking part in performances endangering life or limb. E+W

No [F27 child] shall take part in any [F28 performance to which [F29 section 37(2)] of the M2 Children and Young Persons Act 1963 applies and] in which his life or limbs are endangered and every person who causes or procures [F30 a child], or being his parent or guardian allows him, to take part in such a performance, shall be liable on summary conviction to a fine not exceeding [F31 £50]; or in the case of a second or subsequent offence, not exceeding [F31 £100]:

Provided that no proceedings shall be taken under this subsection except by or with the authority of a chief officer of police.

Textual Amendments

F27 Word substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 4(a)

F28 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 5

F29 Words in s. 23 substituted (4.8.1998) by S.I. 1998/276, reg.4.

F30 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 4(b)

F31 Words substituted by Criminal Justice Act 1967 (c. 80), s. 92, Sch. 3 Pt. I

Modifications etc. (not altering text)

C6 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

Marginal Citations

M2 1963 c. 37.

24 Restrictions on training for performances of a dangerous nature. E+W

(1) No [F32 child] under the age of twelve years shall be trained to take part in performances of a dangerous nature, and no [F33 child who has attained that age] shall 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 liable on summary conviction to a fine not exceeding [F34 £20] or, in the case of a second or subsequent offence, not exceeding [F34 £50].

(2) A [F35 local authority] may grant a licence for a [F36 child who has attained the age of twelve years] to be trained to take part in performances of a dangerous nature.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

(4) A licence under this section shall specify the place or places at which the person is to be trained and shall embody such conditions as are, in the opinion of the [F38 authority], necessary for his protection, but a licence shall not be refused if the [F38 authority] is 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

Textual Amendments

F32 Word substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 5(a)(i)

F33 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 5(a)(ii)

F34 Words substituted by Criminal Justice Act 1967 (c. 80), s. 92, Sch. 3 Pt. I

F35 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 6(1)

F36 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 5(b)

F37 Ss. 14(3), 22, 24(3)(5), 29(1)(2), 61 repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

F38 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 6(2)

Modifications etc. (not altering text)

C7 S. 24 amended by Children and Young Persons Act 1963 (c. 37), s. 41(2)(3)

C8 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

Employment Abroad U.K.

25 Restrictions on persons under eighteen going abroad for the purpose of performing for profit. E+W

(1) No person having [F39 responsibility for] any [F40 child] shall allow him, nor shall any person cause or procure any [F40 child], to go abroad[F41 (a)] for the purpose of singing, playing performing, or being exhibited, for profit, [F42 or

F42 (b) for the purpose of taking part in a sport, or working as a model, where payment in respect of his doing so, other than for defraying expenses, is made to him or to another person,]

unless . . . F43 a licence has been granted in respect of him under this section:

Provided that this subsection shall not apply in any case where it is proved that the [F40 child] was only temporarily resident within [F44 the United Kingdom].

(2) A [F45 justice of the peace] may grant a licence in such form as the Secretary of State may prescribe, and subject to such restrictions and conditions as the [F45 justice of the peace] thinks fit, for any [F46 child who has attained the age of fourteen years] to go abroad [F47 for any purpose referred to in subsection (1) of this section,] but no such license shall be granted in respect of any person unless the [F45 justice of the peace] is satisfied—

(a) that the application for the licence is made by or with the consent of his parent or guardian;

(b) that he is going abroad to fulfil a particular engagement;

(c) that he is fit for the purpose, and that proper provision has been made to secure his health, kind treatment, and adequate supervision while abroad, and his return from abroad at the expiration or revocation of the licence;

(d) that there has been furnished to him a copy of the contract of employment or other document showing the terms and conditions of employment drawn up in a language understood by him.

(3) A person applying for a licence under this section, shall, at least seven days before making the application, give to the chief officer of police for the district in which the person resides to whom the application relates, notice of the intended application together with a copy of the contract of employment or other document showing the terms and conditions of employment, and the chief officer of police send that copy to [F48 a justice of the peace] and may make a report in writing on the case to him or may appear, or instruct some person to appear, before him and show cause why the licence should not be granted, and [F48 the justice of the peace] shall not grant the licence unless he is satisfied that notice has been properly so given:

Provided that if it appears that the notice was given less than seven days before the making of the application, [F48 the justice of the peace] may nevertheless grant a licence if he is satisfied that the officer to whom the notice was given has made sufficient enquiry into the facts of the case and does not desire to oppose the application.

(4) A licence under this section shall not be granted for more than three months but may be renewed by a [F45 justice of the peace] from time to time for a like period, so, however, that no such renewal shall be granted, unless the [F45 justice of the peace]—

(a) is satisfied by a report of a British consular officer or other trustworthy person that the conditions are being complied with;

(b) is satisfied that the application for renewal is made by or with the consent of the parent or guardian of the person to whom the licence relates.

(5) A [justice of the peace]—

(a) may vary a licence granted under this section and may at any time revoke such a licence for any cause which he, in his discretion, considers sufficient:

(b) need not, when renewing or varying a licence granted under this section, require the attendance before him of the person to whom the licence relates.

(6) The [F45 justice of the peace] to whom application is made for the grant, renewal or variation of a licence shall, unless he is satisfied that in the circumstances it is unnecessary, require the applicant to give such security as he may think fit (either by entering into a recognisance with or without sureties or otherwise) for the observance of the restrictions and conditions in the licence or in the licence as varied, and the recognisance may be enforced in like manner as a recognisance for the doing of some matter or thing required to be done in a proceeding before a court of summary jurisdiction is enforceable.

(7) If any case where a licence has been granted under this section, it is proved to the satisfaction of a [F45 justice of the peace] that by reason of exceptional circumstances it is not in the interests of the person to whom the licence relates to require him to return from abroad at the expiration of the licence, then, notwithstanding anything in this section or any restriction or condition attached to the licence, [F49 the justice of the peace] may by order release all persons concerned from any obligation to cause that person to return from abroad.

(8) Where a licence is granted, renewed or varied under this section, the [F45 justice of the peace] shall send the prescribed particulars to the Secretary of State for transmission to the proper consular officer, and every consular officer shall register the particulars so transmitted to him and perform such other duties in relation thereto as the Secretary of State may direct.

F50 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) This and the next following section extend to Scotland and to Northern Ireland.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Textual Amendments

F39 Words in s. 25(1) substituted (E.W.) (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5)(6), Sch. 13 para. 3(d) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2).

F40 Word substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 6(a)

F41 S. 25(1): “(a)” inserted (4.8.1998) by S.I. 1998/276, reg. 5(a).

F42 S. 25(1)(b) and word “or” immediately preceding inserted (4.8.1998) by S.I. 1998/276, reg. 5(b).

F43 Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

F44 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 7

F45 Words in s. 25(2)(4)-(8) substituted (4.8.1998) by S.I. 1998/276, reg. 5(d).

F46 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 6(b)

F47 Words in s. 25(2) substituted (4.8.1998) by S.I. 1998/276, reg. 5(c).

F48 Words in s. 25(3) substituted (4.8.1998) by S.I. 1998/276, reg. 5(e).

F49 Words in s. 25(7) substituted (4.8.1998) by S.I. 1998/276, reg. 5(f).

F50 S. 25(9) repealed (4.8.1998) by S.I. 1998/276, reg. 5(g).

Modifications etc. (not altering text)

C9 S. 25 extended and amended by Children and Young Persons Act 1963 (c. 37), s. 42

25 Restrictions on persons under eighteen going abroad for the purpose of performing for profit. S+N.I.

(1) No person having the custody, charge or care of any [F80 child] shall allow him, nor shall any person cause or procure any [F80 child], to go abroad[F81 (a)] for the purpose of singing, playing performing, or being exhibited, for profit, [F82 or

F82 (b) for the purpose of taking part in a sport, or working as a model, where payment in respect of his doing so, other than for defraying expenses, is made to him or to another person,]

unless . . . F83 a licence has been granted in respect of him under this section:

Provided that this subsection shall not apply in any case where it is proved that the [F80 child] was only temporarily resident within [F84 the United Kingdom].

(2) A [F85 justice of the peace] may grant a licence in such form as the Secretary of State may prescribe, and subject to such restrictions and conditions as the [F85 justice of the peace] thinks fit, for any [F86 child who has attained the age of fourteen years] to go abroad [F87 for any purpose referred to in subsection (1) of this section,] but no such license shall be granted in respect of any person unless the [F85 justice of the peace] is satisfied—

(a) that the application for the licence is made by or with the consent of his parent or guardian;

(b) that he is going abroad to fulfil a particular engagement;

(c) that he is fit for the purpose, and that proper provision has been made to secure his health, kind treatment, and adequate supervision while abroad, and his return from abroad at the expiration or revocation of the licence;

(d) that there has been furnished to him a copy of the contract of employment or other document showing the terms and conditions of employment drawn up in a language understood by him.

(3) A person applying for a licence under this section, shall, at least seven days before making the application, give to the chief officer of police for the district in which the person resides to whom the application relates, notice of the intended application together with a copy of the contract of employment or other document showing the terms and conditions of employment, and the chief officer of police send that copy to [F88 a justice of the peace] and may make a report in writing on the case to him or may appear, or instruct some person to appear, before him and show cause why the licence should not be granted, and [F88 the justice of the peace] shall not grant the licence unless he is satisfied that notice has been properly so given:

Provided that if it appears that the notice was given less than seven days before the making of the application, [F88 the justice of the peace] may nevertheless grant a licence if he is satisfied that the officer to whom the notice was given has made sufficient enquiry into the facts of the case and does not desire to oppose the application.

(4) A licence under this section shall not be granted for more than three months but may be renewed by a [F85 justice of the peace] from time to time for a like period, so, however, that no such renewal shall be granted, unless the [F85 justice of the peace]—

(a) is satisfied by a report of a British consular officer or other trustworthy person that the conditions are being complied with;

(b) is satisfied that the application for renewal is made by or with the consent of the parent or guardian of the person to whom the licence relates.

(5) A [F85 justice of the peace]—

(a) may vary a licence granted under this section and may at any time revoke such a licence for any cause which he, in his discretion, considers sufficient:

(b) need not, when renewing or varying a licence granted under this section, require the attendance before him of the person to whom the licence relates.

(6) The [F85 justice of the peace] to whom application is made for the grant, renewal or variation of a licence shall, unless he is satisfied that in the circumstances it is unnecessary, require the applicant to give such security as he may think fit (either by entering into a recognisance with or without sureties or otherwise) for the observance of the restrictions and conditions in the licence or in the licence as varied, and the recognisance may be enforced in like manner as a recognisance for the doing of some matter or thing required to be done in a proceeding before a court of summary jurisdiction is enforceable.

(7) If any case where a licence has been granted under this section, it is proved to the satisfaction of a [F85 justice of the peace] that by reason of exceptional circumstances it is not in the interests of the person to whom the licence relates to require him to return from abroad at the expiration of the licence, then, notwithstanding anything in this section or any restriction or condition attached to the licence, [F89 the justice of the peace] may by order release all persons concerned from any obligation to cause that person to return from abroad.

(8) Where a licence is granted, renewed or varied under this section, the [F85 justice of the peace] shall send the prescribed particulars to the Secretary of State for transmission to the proper consular officer, and every consular officer shall register the particulars so transmitted to him and perform such other duties in relation thereto as the Secretary of State may direct.

F90 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) This and the next following section extend to Scotland and to Northern Ireland.

Extent Information

E2 This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.

Textual Amendments

F80 Word substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 6(a)

F81 S. 25(1): “(a)” inserted (4.8.1998) by S.I. 1998/276, reg. 5(a).

F82 S. 25(1)(b) and word “or” immediately preceding inserted (4.8.1998) by S.I. 1998/276, reg. 5(b).

F83 Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

F84 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 7

F85 Words in s. 25(2)(4)-(8) substituted (4.8.1998) by S.I. 1998/276, reg. 5(d).

F86 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 6(b)

F87 Words in s. 25(2) substituted (4.8.1998) by S.I. 1998/276, reg. 5(c).

F88 Words in s. 25(3) substituted (4.8.1998) by S.I. 1998/276, reg. 5(e).

F89 Words in s. 25(7) substituted (4.8.1998) by S.I. 1998/276, reg. 5(f).

F90 S. 25(9) repealed (4.8.1998) by S.I. 1998/276, reg. 5(g).

Modifications etc. (not altering text)

C15 S. 25 extended and amended by Children and Young Persons Act 1963 (c. 37), s. 42

26 Punishment of contraventions of last foregoing section and proceedings with respect thereto. U.K.

(1) If any person acts in contravention of the provisions of subsection (1) of the last foregoing section he shall be guilty of an offence under this section and be liable, on summary conviction, to a fine not exceeding [F51 level 3 on the standard scale], or, alternatively, , . . . F52 or in addition thereto, to imprisonment for any term not exceeding three months:

Provided that if he procured [F53 the child in question] to go abroad by means of any false pretence or false representation, he shall be liable on conviction on indictment to imprisonment for any term not exceeding two years.

(2) Where, in proceedings under this section against a person, it is proved that he caused, procured, or allowed [F54 a child] to go abroad and that

[F55 (a)] [F56 that child] has while abroad been singing, playing, performing, or being exhibited, for profit, [F57 or

F57 (b) that child has while abroad taken part in a sport, or worked as a model, and payment in respect of his doing so, other than for defraying expenses, was made to him or to another person,]

the defendant shall be presumed to have caused, procured, or allowed him to go abroad for that purpose, unless the contrary is proved:

Provided that where the contrary is proved, the court may order the defendant to take such steps as the court directs to secure the return of [F58 the child] to the United Kingdom, or to enter into a recognisance to make such provision as the court may direct to secure his health, kind treatment, and adequate supervision while abroad, and his return to the United Kingdom at the expiration of such period as the court may think fit.

(3) Proceedings in respect of an offence under this section or for enforcing a recognisance under this or the last foregoing section may be instituted at any time within a period of three months from the first discovery by the person taking the proceedings of the commission of the offence or, as the case may be, the non-observance, of the restrictions and conditions contained in the licence, or, if at the expiration of that period the person against whom it is proposed to institute the proceedings is outside the United Kingdom, at any time within six months after his return to the United Kingdom.

(4) In any such proceedings as aforesaid, a report of any British consular officer and any deposition made on oath before a British consular officer and authenticated by the signature of that officer, respecting the observance or non-observance of any of the conditions or restrictions contained in a licence granted under the last foregoing section shall, upon proof that the consular officer, or deponent, cannot be found in the United Kingdom, be admissible in evidence, and it shall not be necessary to prove the signature or official character of the person appearing to have signed any such report or deposition.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

Textual Amendments

F51 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F52 Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

F53 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 7(a)

F54 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 7(b)(i)

F55 S. 26(2): “(a)” inserted (4.8.1998) by S.I. 1998/276, reg. 6(a).

F56 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 7(b)(ii)

F57 S. 26(2)(b) and word “or” immediately preceding inserted (4.8.1998) by S.I. 1998/276, reg. 6(b).

F58 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 7(b)(iii)

F59 S. 26(5) repealed (S.) by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 83(3), Sch. 8 & (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 47, 95), s. 119, Sch. 7 Pt. V

F60 Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6

Modifications etc. (not altering text)

C10 S. 26 extended by Children and Young Persons Act 1963 (c. 37), s. 42(1)

Supplemental U.K.

27 Byelaws. E+W

(1) A byelaw made under this Part of this Act shall not have effect until confirmed by the Secretary of State and shall not be so confirmed until at least thirty days after the local authority have published it in such manner as the Secretary of State directs.

(2) Before confirming such a byelaw the Secretary of State shall consider any objections thereto which may be addressed to him by persons affected or likely to be affected thereby, and may order a local enquiry to be held, and where such an enquiry is held, the person holding it shall receive such remuneration as the Secretary of State determines, and that remuneration and the expenses of the enquiry shall be paid by the local authority.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Textual Amendments

F61 S. 27(3) repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. IV and London Government Act 1939 (c. 40), Sch. 8

28 Powers of entry. E+W

(1) If it is made to appear to a justice of the peace by the local authority, or by any constable, that there is reasonable cause to believe that the provisions of this Part of this Act, other than those relating to employment abroad, or of a byelaw [F62 or regulation] made under the said provisions, are being contravened with respect to any person, the justice may by order under his hand addressed to an officer of the local 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 [F63 a performance], [F64 being trained, taking part in a sport, or working as a model,] and to make enquiries therein with respect to that person.

[F65 (2) Any authorised officer of the said authority or any constable may—

(a) at any time enter any place used as a broadcasting studio . . . F66 or film studio or used for the recording of a performance with a view to its use in a [F67 programme service] or in a film intended for public exhibition and make inquiries therein as to any children taking part in performances to which [F68 subsection (2) of]section 37 of the M3 Children 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 [F69 do anything] or to be trained, and may make inquiries therein with respect to that 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 enquiry 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 [F70 level 2 on the standard scale].

[F71 (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

F62 Words inserted (prosp.) by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 3

F63 Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 9

F64 Words in s. 28(1) substituted (4.8.1998) by S.I. 1998/276, reg. 7(a).

F65 S. 28(2) substituted by Children and Young Persons Act 1963 (c. 37), s. 43

F66 Words inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1 ), Sch. 5 para 4(1) and repealed by Broadcasting Act 1990 (c. 42, SlF 96), s. 203(1)(3), Sch. 12 Part II para. 1, Sch. 20 para. 3(1)(a), Sch. 21

F67 Words substituted by virtue of Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 3(1)(a)

F68 Words in s. 28(2)(a) inserted (4.8.1998) by S.I. 1998/276, reg. 7(b).

F69 Words in s. 28(2)(b) substituted (4.8.1998) by S.I. 1998/276, reg. 7(c).

F70 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

F71 S. 28(4) was inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96) s. 57(1), Sch. 5 para. 4(2) (which was repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(3), Sch. 21) and a new subsection (4) is substituted by s. 203(1), Sch. 20 para. 3(1)(b) of that 1990 Act.

Modifications etc. (not altering text)

C11 S. 28(1) extended by Employment of Women, Young Persons, and Children Act 1920 (c. 65, SIF 43:4), s. 1(6)(a) as substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 1(a)

C12 S. 28(1)(3) applied (1.11.1996) (temp.) by 1996 c. 56, ss. 559(5)(6), 583(2) (with ss. 1(4), 561, 562, Sch. 39)

C13 S. 28(3) extended by Employment of Women, Young Persons, and Children Act 1920 (c. 65, SIF 43:4), s. 1(6)(a) as substituted by Employment Act 1989 (c. 38, SIF 43:1, 106:1), s. 29(3), Sch. 6 para. 1(a)

Marginal Citations

M3 1963 c. 37.

29 Savings. E+W

(1),(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

(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.

Textual Amendments

F72 Ss. 14(3), 22, 24(3)(5), 29(1)(2), 61 repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5

F73 Ss. 26(6), 29(3), 32, 35, 44(2), 54, 55(2), 57, 62–76, 77(1)(3), 78, 79(4), 81(2), 82–85, 90, 91, 94, 107(2), 108(2)(3), Sch. 4 paras. 4–13 repealed by Children and Young Persons Act 1969 (c. 54), s. 72, Sch. 6

30 Interpretation of Part II. U.K.

[F74 (1)] For the purposes of this Part of this Act and of any byelaws [F75 or regulations] made thereunder—

• [F76 The expression “child” means—

  (a)

  in relation to England and Wales, a person who is not [F77 over compulsory school age (construed in accordance with section 8 of the Education Act 1996)]

  (b)

  in relation to Scotland, a person who is not for the purposes of the Education (Scotland) Act 1980 over school age; and

  (c)

  in relation to Northern Ireland, a person who is not for the purposes of the Education and Libraries (Northern Ireland) Order 1986 over compulsory school age;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

• The expression “performance of a dangerous nature” includes all acrobatic performances and all performances as a contortionist;

• 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;

• A person who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour;

• 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; and

• The expression “abroad” means outside Great Britain and Ireland.

[F79 (2) This section, so far as it has effect for the purposes of sections 25 and 26 of this Act, extends to Scotland and to Northern Ireland.]

Textual Amendments

F74 Existing provisions of s. 30, as amended are constituted as s. 30(1) by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III, para. 8

F75 Words inserted by Employment of Children Act 1973 (c. 24. SIF 43:4). s. 3(4), Sch. 1 Pt. I para. 4

F76 Words inserted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III. para. 8(a)

F77 Words in s. 30(1)(a) substituted (1.9.1997) by 1996 c. 56, s. 582(1), Sch. 37 Pt. II para.133 (with ss. 1(4), 561, 562, Sch. 39); S.I. 1997/1623, art. 2(2)

F78 Words repealed by Education Act 1944 (c. 31. SIF 41:1). Sch. 9 Pt. I

F79 S. 30(2) added by Employment Act 1989 (c. 38, SIF 43:1 ), s. 10(2), Sch. 3 Pt. III, para. 8(b)

Modifications etc. (not altering text)

C14 S. 30(1)(a) amended (1.11.1996) (temp.) by 1996 c. 56, ss. 582(4), 583(2), Sch. 40 para. 1 (with ss. 1(4), 561, 562, Sch. 39)