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Children in performances

1. The main provisions governing children's employment are contained in section 18 of the Children and Young Persons Act 1933, as amended (in Scotland, the Children and Young Persons (Scotland) Act 1937). This limits employment to those aged 13 or over and provides that no child under minimum school leaving age (MSLA) may be employed before 7 am or after 7 PM on any day or for more than 2 hours on any school day or Sunday. The legislation also requires that children must have a minimum of 2 weeks free from work during the school holidays.
2. Local Authority bylaws made under the 1933 Act (and subject to confirmation by the Secretary of State for Health) may place further restriction on the hours and conditions of work and the nature of employment permitted. Although these bylaws differ from Authority to Authority, the majority conforms with guidance that the Department of Health has issued, and all must conform to the primary legislation and to the general principle that the welfare of the child is of paramount importance.
3. Local Authority bylaws may prohibit the employment of children in any specified occupation and may prescribe, subject to the restrictions imposed by the main legislation, the number of hours in each day or in each week for which, and the times of day at which, they may be employed; the intervals for meals and rest; the holidays or half-holidays to be allowed to them; and any other conditions to be observed in relation to their employment.
4. The majority of bylaws permit children under 15 to work a maximum of 5 hours a day on Saturdays and school holidays, subject to a maximum of 25 hours per week, and children of 15 and over a maximum of 8 hours a day on Saturdays and school holidays, subject to a maximum of 35 hours per week.
5. Bylaws require employers to notify the Local Authority of the hours and conditions of a child's employment and the production of a medical statement that the employment will not be prejudicial to the health or physical development of the child and will not render him unfit to obtain proper benefit from his education. Local Education Authorities undertake enforcement of the legislation in this area.
6. Schoolchildren are prohibited from undertaking employment in industrial occupations by the Employment of Women, Young Persons and Children Act 1920. Enforcement here is a matter for the Health and Safety Executive.
7. Section 20 of the Children and Young Persons Act 1933 (as amended by section 35 of the Children and Young Persons Act 1963 and the Employment Act 1989) prohibits the employment of any person under the age of 16 in street trading, but authorises Local Authorities to make bylaws permitting children who have attained the age of 14 to be employed by their parents in such activity, subject to restrictions governing times, dates and places.

The law permits children to work:

• for a maximum of 2 hours on schooldays, only one of which may be before the start of school
• for a maximum of 2 hours on Sundays
• subject to a maximum of 12 hours per week, in term time

• for a maximum of 5 hours (if aged under 15) or 8 hours (if 15 or over) on Saturdays and weekdays during the school holidays, subject to an overall limit of 25 hours (under 15) or 35 hours (15 and over) a week in the school holidays.

But they may not work:

• before they are 13 years of age
• for more than one hour before the start of school
• during school hours
• before 7.00 a.m. or after 7.00 p.m.
• for more than four hours without a break of at least one hour
• throughout the year. They then must have at least two weeks free from work during the school holidays
• without an employment permit issued by the local authority
• in any industrial undertaking, e.g. factory, building site etc.
• in occupations prohibited by local bye-laws or in other legislation (e.g. in pubs or betting shops), or in any work which is likely to be harmful to their health, well being or education.
• in television, theatre or other similar activities, including modelling, without a performance licence issued by the local authority.

Minimum School-leaving Age

A child may not legally leave school until the last Friday in June of the school year during which they reach the age 16, or if his or her birthday falls after that date, but before the start of the next school year.

This means that if a child’s 16^th birthday falls on or before the last Friday in June, they can leave school on that day. They can also leave school on that day if their 16^th birthday falls during the summer holidays.

Changes

On Thursday 12 February 1998 Regulations were laid before Parliament to bring the arrangements described above into line with EC Directive 94/33 on the protection of young people at work as it applies to children under the minimum school leaving age. These Regulations came into force on 4 August 1998. The rules changed as follows:

• The restrictions on children’s working hours on Saturdays and during the school holidays, and the rest break provision, described above were previously contained in local authority bye-laws; they are now standardised in the Children and Young Persons Act 1933.
• Children must now have a two-week break from any work during the school holidays
• Local authorities are updating their bye-laws to include a list of jobs which 13 year olds may do, and no child aged 13 may do any job unless it is on such a list.

On Thursday 17 May 2000 Regulations were laid before Parliament to give further effect to EC Directive 94/33. These Regulations came into force on 7 June 2000.

The rules changed as follows:

• The minimum age at which a child may be authorised by local authority bye-laws to be employed in light agricultural or horticultural work is raised to 13 years old.
• Any local authority bye-laws authorising children to take part in street trading must contain provisions determining the days and hours which, and the places at which they may do so.
• Only persons aged at least 16 years old and who are also over compulsory school age may take part in performances of a dangerous nature.

On Wednesday 19 September 2000 further Regulations that came into effect on 11 October restricted to 12 years old, the number of hours a young person below the minimum school leaving age could work in any week in which he is required to attend school

1. The Children and Young Persons Act 1963, Sections 37-43 (and Regulations made under it) apply to any child under minimum school leaving age (MSLA) who takes part in a performance (a) in connection with which a charge is made, (b) in licensed premises, (c) broadcast or recorded for broadcasting, or (d) filmed for public exhibition.
2. The general rule is that no child may take part in a performance unless licensed to do so by Local Authority in which area he lives. Exceptions are that (a) a child may perform up to 4 days in any period of 6 months without a licence; and (b) performances arranged by schools and by certain other bodies approved as such by the Secretary of State or by LAs are exempt from the licensing requirement (so long as the child is not paid).
3. Licences are granted where the LA is satisfied about the child’s fitness and about provisions made for his health, kind treatment and education. The form of application is detailed. Generally, a child under 14 may not be licensed at all unless (a) to act or dance a part which cannot be taken by someone older, or (b) the performance and his part in it are wholly or mainly musical.
4. All licences are subject to approval by the LA of:

   • Arrangement for education (minimum daily and weekly periods of tuition are laid down in Regulations; course of study, teachers and size of group also to be approved)
   • Matron to be in charge of a child at all times except when he is in the charge of parent/guardian.
   • Lodgings (where relevant)
   • Place of performance and/or rehearsals, including facilities for toilet, dressing, meals, rest and recreation. The LA may also stipulate how any earnings are to be dealt with.
     
     
5. Hours etc are covered in a comprehensive set of provisions which distinguish between broadcast or filmed performances and other types of performances under licence. Separate provision exists for unlicensed performances.
6. "Performance" is not strictly defined and discretion is left to the licensing authority. Guidance suggests that any activity in which a child is directed should be regarded as a performance.

Changes

On Thursday 12 February 1998 Regulations were laid before Parliament to bring the rules contained in the Children and Young Persons Act 1963 described above into line with line with EC Directive 94/33 on the protection of young people at work. These Regulations came into force on 4 August 1998.

It is now clear that children taking part in paid modelling and sport are able to do so only if licensed by the local authority. In addition, the 4-day period for which children may currently perform without a licence now applies only to performances where the child is not paid (but a licence is required on any occasion when absence from school is required). These changes have been reflected in a revision to the Children (Performances) Regulations 1968, which also came into effect on 4 August 1998.

On Monday 3 September 2000 Regulations were laid before Parliament amending the maximum time in which a child aged nine or over may take part in a performance or rehearsal for a broadcast or filmed performance. They extend the total number of hours at which a child may be present at a place of such a performance or rehearsal. They also extend to all performances or activities existing modifications to the educational provisions.

Minimum School Leaving Age

A child may not legally leave school until the last Friday in June of the school year during which they reach the age 16, or if his or her birthday falls after that date, but before the start of the next school year.

This means that if a child's 16th birthday falls on or before the last Friday in June, they can leave school on that day. They can also leave school on that day if their 16th birthday falls during the summer holidays.

Legislation includes:
The Children (Performances) Regulations 1968 (SI 1968/1728)
The Children (Performances) (Miscellaneous Amendments) Regulations 1998. (SI 1998/1678)
The Children (Performances) Amendment Regulations 2000. (SI 2000/10)
The Children (Performances) (Amendment) (No 2) Regulations 2000 (SI 2000/2384).

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