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ITEM EX14 - ANNEX 2

EXECUTIVE – 27 MAY 2003

EMPLOYMENT OF CHILDREN AND YOUNG PEOPLE

CHILDREN IN PERFORMANCES:
SUMMARY OF LEGISLATION AND RECENT CHANGES

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 the 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 local authorities are exempt from the licensing requirement (so long as the child is not paid).
3. Licences are granted where the local authority 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 local authority 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 local authority 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 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 down 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.

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