Children in performances

Children in Performances: Summary of Legislation and Recent Changes

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:
1. in connection with which a charge is made,
2. in licensed premises,
3. broadcast or recorded for broadcasting, or
4. filmed for public exhibition.
The general rule is that no child may take part in a performance unless licensed to do so by the Local Authority in whose area he lives. Exceptions are that:

a child may perform up to 4 days in any period of 6 months without a licence (But see "changes" below); and
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).

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. A child under 14 may not be licensed at all unless:

to act or dance a part which cannot be taken by someone older, or
the performance and his part in it are wholly or mainly musical.

Performing days (licensed and unlicensed) in any 12 months period must not exceed (under 13) 40 days, (13 and over) 80 days. LAs have discretion to allow 4 extra single days, plus 10 days to complete a film or TV recording.
All licences are subject to approval by the LA:
- Arrangements 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.
Hours etc are covered in a comprehensive set of provisions that distinguish between broadcast or filmed performances and other types of performances under licence. Separate provision exists for unlicensed performances.
"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 (2) 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. There were also some small changes to the rules on the generality of children's employment contained in the Children and Young Persons Act 1933. 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 future 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 3 to the Children (Performances) Regulations 1968, which also came into effect on 4 August.
2. The Children (Protection at Work) Regulations 1998. Statutory Instrument 1998 No. 276. The Stationery Office. Price £1.55 ISBN 0 11 065529 X
3.The Children (Performances) (Miscellaneous Amendments) Regulations 1998. SI 1998 No. 1678

STATUTORY INSTRUMENT 1968 No 1728
STATUTORY INSTRUMENT 1998 No 1678

CHILDREN & YOUNG PERSONS
The Children Performances (Regulations 1998) as amended
The Children (Performances) Regulations 1968
Made: 30th October 1968
Laid Before Parliament: 7th November 1968
Coming into Operation: -
for the purposes of Regulation 43(2): 2nd December 1968
for all other purposes: 3rd March 1969

The Children (Performances) (Miscellaneous Amendments) Regulations 1998
Made: 10th July 1998
Laid before Parliament: 14th July 1998
Coming into force: 4th August 1998

ARRANGEMENT OF REGULATIONS

PART I
APPLICATION FOR LICENCE, ETC.

Application for a licence.
Power of licensing authorities to obtain additional information.
Form of licence.
Particulars to be sent to a local authority under section 39(3) of the Act.
Records to be kept by the holder of a licence under section 39(5) of the Act.

PART II
RESTRICTIONS ON THE GRANT OF LICENCES

Number of performing days.
Troupe work.
Medical examinations.

PART III
RESTRICTIONS AND CONDITIONS APPLYING TO ALL LICENCES

Application of Part III.
Education
Earnings.
Matrons.
Lodgings.
Place of performance and place of rehearsal.
Arrangements for getting home.
Break in performances.
Further medical examinations.
Restriction on employment.
Production of licence.

PART IV
PERFORMANCES OTHER THAN BROADCAST OR RECORDED PERFORMANCES

Licences to which Part IV applies.
Maximum number of days in a week on which a child may take part in performances and rehearsals.
Maximum number and length of performances and rehearsals daily.
Earliest and latest hours at place of performance and place of rehearsal.

PART V
BROADCAST AND RECORDED PERFORMANCES

Licences to which Part V applies.
Maximum number of days in a week on which a child may take part in performances and rehearsals.
Limitation on daily performances.
Children aged thirteen or more.
Children aged five to twelve.
Children under five.
Night-work.
Exemptions to Regulations 27 to 29.

PART VI
PERFORMANCES FOR WHICH BY REASON OF SECTION 37(3)(a) OF THE ACT A LICENCE IS NOT REQUIRED

Performances for which a licence is not required, other than broadcast or recorded performances.
Maximum number and length of performances daily.
Earliest and latest hours at place of performance.
Broadcast and recorded performances for which a licence is not required.
Limitation on daily performances.
Children aged thirteen or more.
Children aged five to twelve.
Children aged two to four.
Children under two.
Restriction on employment.

PART VII
INTERPRETATION, CITATION AND COMMENCEMENT

Interpretation.
Citation and commencement.

SCHEDULES
Schedule 1: Form of application for a licence.
Schedule 2: Form of licence.
Schedule 3: Records to be kept by the holder of the licence.
Schedule 4: Form of licence to enable child to perform or participate in other activities abroad.

In exercise of the powers conferred on me by sections 37 and 39 of the Children and Young Persons Act 1963(1963 c.37), I hereby make the following Regulations:-

PART I
APPLICATION FOR LICENCE, ETC

Application for a licence
1. An application to a licensing authority for a licence authorising a child to do anything to which section 37(1) of the Act refers shall be made in writing in the form set out in Schedule 1 to these Regulations or in a form to the like effect and shall be signed by the applicant and a parent of the child and shall be accompanied by the documents specified therein.
2. In the case of an application for a licence for a child:
3. The licensing authority may refuse to grant a licence if the application form is not received by them at least twenty-one days before the day on which the first performance or, as the case may be, the first occasion for which the licence is required takes place.
Power of licensing authorities to obtain additional information
1. The licensing authority may make such inquiries as they consider necessary to enable them to be satisfied that they should grant a licence as required by section 37(4) of the Act, and in particular they may request a report from the head teacher in respect of the child, they may request that the child be medically examined in order to ascertain whether he is fit to take part in the performances or activities for which the licence is requested and that his health will not suffer by reason of taking part in such performances or activities and may interview the applicant, the child and his parents and the proposed matron and private teacher (if any).
2. The licensing authority may make such inquiries as they consider necessary to enable them to consider, if a licence should be granted, whether the licence should be granted subject to a condition relating to the manner in which sums earned by the child in taking part in any performance or activity to which the licence relates should be dealt with.
Form of licence
1. A licence granted to an applicant by a licensing authority shall be in the form set out in Schedule 2 to these Regulations or in a form to the like effect.
2. In the case of a licence for a performance, the licence shall specify the names, dates, places and nature of the performances except that in the case of a licence granted to the British Broadcasting Corporation, the Independent Television Authority, a programme contractor within the meaning of section 1(5) of the Television Act 1964(a) or a body supplying programmes to such a programme contractor to be broadcast by the Independent Television Authority or a licence authorising a child to take part in a performance to be recorded (by whatever means) with a view to its use in a film intended for public exhibition the licence may, if the applicant so requests in the application form, in lieu of specifying the said dates, specify the number of days on which the child may perform, and the period, not exceeding six months, in which the performances may take place.
3. In the case of a licence for an activity, the licence shall specify the nature of the activity, the place at which it is to take place and either:-
4. One print of the photograph of the child accompanying the application form shall be attached to the licence; the other print shall be retained by the licensing authority.
5. The licensing authority shall send a copy of the licence to the parent who signed the application form.
Particulars to be sent to a local authority under Section 39(3) of the Act
Where a place of performance or activity specified in a licence is in the area of another local authority, the licensing authority shall send to that local authority a copy of the application form and the licence and such other information, if any, relating to the child as they think appropriate.
Records to be kept by the holder of a licence under Section 39(5) of the Act
The holder of a licence shall keep the records specified in Schedule 3 to these Regulations, and shall retain them for 6 months after the occasion or last occasion to which the licence relates.

PART II
RESTRICTIONS ON THE GRANT OF LICENCES

Number of performing days.
1. Subject to paragraphs (2) and (3) of this Regulation, a licensing authority shall not grant a licence:-
  1. in respect of a performance by a child who has attained the age of thirteen years if, during the twelve months preceding any performance in respect of which a licence is requested, he will have taken part in other performances on more than seventy-nine days;
  2. in respect of a performance by a child who has not attained the age of thirteen years if, during the twelve months preceding any performance in respect of which a licence is requested, he will have taken part in other performances on more than thirty-nine days.
2. The relevant number of days of other performances specified in paragraph (1) of this Regulation may be increased by four if the licensing authority so determine, provided that the licensing authority shall not so determine if the child has taken part in a performance on any of the six days preceding any of the said four additional days of performance.
3. Where application is made for a licence for a child to take part in a performance to be recorded (by whatever means) with a view to its use in a television broadcast or in a film intended for public exhibition and:-
  1. the child will not have taken part in any performance other than such a performance as aforesaid during the twelve months preceding the performance in respect of which the licence is requested, and
  2. the purpose of the performance for which the licence is requested is to continue the recording of a performance that is incomplete,
    the relevant number of days of other performances specified in paragraph (1) of this Regulation may be increased by ten if the licensing authority so determine.
4. In deciding whether or not to grant a licence and, if a licence should be granted, the number of days in respect of which it should be granted, the licensing authority shall take into account:-
  1. the arrangements for rehearsals taking place during the fourteen days preceding the day of the first performance for which the licence is requested, and
  2. any other form of employment in which the child is employed during the twenty-eight days preceding the day of the first performance for which the licence is requested.
Troupe work
1. Subject to paragraph (2) of this Regulation, a licensing authority shall not grant a licence in respect of a performance in respect of a child who has attained the age of thirteen years if that child:-
  1. by reason of taking part in any performance for which the licence is requested will have to live elsewhere than at the place where he would otherwise live, and
  2. has during the three months preceding the performance for which the licence is requested or, if the licence is requested for more than one performance, the first performance, lived elsewhere than at the place where he would otherwise have lived by reason of taking part in a performance.
2. Paragraph (1) of this Regulation shall not apply where:-
  1. the licence is for acting and the part the child is to act cannot be taken except by a child of about his age, or
  2. the licence is for dancing in a ballet which does not form part of an entertainment of which anything other than ballet or opera also forms part and the part the child is to dance cannot be taken except by a child of about his age, or
  3. the nature of the child's part in the performance is wholly or mainly musical and either the nature of the performance is also wholly or mainly musical or the performance consists only of opera and ballet.
3. On the extension of the compulsory school age (or in Scotland, school age) to sixteen years, that is to say:-
  1. in England and Wales, on the coming into force of an Order in Council under section 35 of the Education Act 1944(a) and
  2. in Scotland, on the coming into force of regulations under section 32 of the Education (Scotland) Act 1962(b),
  paragraph (1) of this Regulation shall have effect as if for the word "thirteen" there were substituted the word "fourteen".
Medical examinations
1. Subject to paragraph (2) of this Regulation, a licensing authority shall not grant a licence:-
  1. for performances for film or television, or
  2. for broadcast performances, other than performances for television, with respect to which the applicant for the purposes of Regulation 3(2) of these Regulations requests in the application form that the child may perform on more than six days in a period not exceeding six months, or
  3. for other performances if the child would perform on the maximum number of days in a week permitted under Part IV or V of these Regulations, as the case may be, and for a period exceeding one week, unless the school medical officer, or other medically qualified person approved by them, has examined the child and has certified that he is fit to take part in the performances for which the licence is requested and that his health will not suffer by reason of taking part in such performances.
2. Where a child has been medically examined under paragraph (1) of this Regulation, he need not be medically examined in order that a further licence may be granted in respect of a performance taking place within a period of six months from the date of the said medical examination unless it appears desirable to the licensing authority that he should be medically examined.

PART III
RESTRICTIONS AND CONDITIONS APPLYING TO ALL LICENCES

Application of Part III
The restrictions and conditions specified in this Part of these Regulations shall apply in the case of every licence.
Education
1. The licensing authority shall not grant a licence unless they are satisfied that the child's education will not suffer by reason of taking part in the performances or activities for which the licence is requested and have approved the arrangements (if any) for the education of the child during the currency of the licence.
2. The holder of the licence shall ensure that the arrangements for the child's education during the currency of the licence, approved by the licensing authority, are carried out.
3. The licensing authority shall not approve any arrangements for the education of a child by a private tutor unless they are satisfied that:
  1. the course of study proposed for the child is satisfactory;
  2. the said course of study will be properly taught by the private teacher;
  3. the private teacher is a suitable person to teach the child in question, and
  4. the private teacher will not teach more than five other children at the same time, or, if the other children being taught at the same time have reached a similar standard in the subject to the child in question, eleven.
4. 1. The licensing authority shall not approve any arrangements for the education of a child by a private teacher unless they are satisfied that the child will, during the currency of the licence, receive education for periods which, when aggregated, total not less than three hours on each day on which the child would be required to attend school if he were a pupil attending a school maintained by the local authority (or, in Scotland, a public school).
  2. (b)The requirements of sub-paragraph (a) of this paragraph shall be deemed to be satisfied if, in a case to which this sub-paragraph applies, the licensing authority is satisfied that the child will receive an education:-
    1. for not less than six hours a week,
    2. during each complete period of four weeks, or, if there is a period of less than four weeks, during that period, for periods not less than the aggregate periods of education required by sub-paragraph (a) of this paragraph in respect of the period,
    3. on days other than days on which the child would not be required to attend school if he were a pupil attending a school maintained by the local authority (or, in Scotland, a public school) and
    4. for not more than five hours on any such day.
  3. sub-paragraph (b) of this paragraph applies
    1. if the performances to which the licence relates are to be recorded (by whatever means) with a view to their use in a broadcast or in a film intended for public exhibition,
    2. to any period of recording exceeding one week.
  4. In calculating any period of education for the purposes in this paragraph there shall be disregarded:-
    1. any period which takes place, in the case of a child taking part in a performance to be recorded (by whatever means) with a view to its use in broadcast or film intended for public exhibition, other than during the hours when he is permitted to be present at a place of performance or rehearsal under Regulations 27 to 29 of these Regulations, or, in any other case, which takes place other than between the hours of nine in the morning and four in the afternoon,
    2. any period which is less than thirty minutes.
  5. Any licence under which a child is to be taught by a private teacher shall be subject to the condition that the local authority approve the schoolroom or other place where the child is to receive education, and the local authority may give their approval subject to such conditions as they consider necessary to ensure that the place is suitable for the child's education.
Earnings
1. Where the licensing authority think fit, they may grant a licence subject to a condition requiring the holder of the licence to ensure that the sums earned by the child in respect of whom the licence is granted in taking part in a performance or activity to which the licence relates, or such part of those sums as may be required by the condition, shall be dealt with in a manner approved by the licensing authority.
2. Any such condition shall be set out in the licence.
Matrons
1. A person, who may be a man or a woman, approved by the licensing authority (in these Regulations referred to as a matron) shall be in charge of the child at all times during the period beginning with the first and ending with the last performance or, as the case may be, occasion to which the licence relates except while the child is in the charge of a parent or teacher.
2. The licensing authority shall not approve a matron unless they are satisfied that she is suitable and competent to exercise proper care and control of a child of the age and sex of the child in question and that she will not be prevented from carrying out her duties towards the child by other activities or duties towards other children.
3. Without prejudice to the last foregoing paragraph, the licensing authority shall not approve a matron if she is to be in charge of more than eleven other children during the time when she would be in charge of the child in question if approval were given.
4. The licensing authority shall not approve as matron the private teacher of the child in question if she is to be in charge of more than two other children during the time when she would be in charge of the child if approval were given.
5. A matron while in charge of a child under this Regulation shall have the care and control of the child with a view to securing his health, comfort, kind treatment and moral welfare.
6. Where a child suffers any injury or illness while in the charge of a matron or teacher, the holder of the licence shall ensure that the parent of the child named in the application form and the local authority are notified immediately of such injury or illness.
Lodgings
1. Where by reason of taking part in a performance or activity to which a licence relates a child has to live elsewhere than at the place where he would otherwise live, that child shall live only in the premises which have been approved by the local authority as suitable for occupation by him.
2. The local authority's approval may be subject to any of the following conditions:-
  1. that transport for the child from the said premises to the place of performance or rehearsal or, as the case may be, to the place where the activity to which the licence relates is to take place is provided;
  2. that suitable arrangements are made for meals for the child;
  3. any other condition conducive to the welfare of the child in connection with the premises in which the child will live.
Place of performance and place of rehearsal
1. A child shall not take part in a performance, rehearsal or activity for which a licence is required unless the place where he is to perform, rehearse or take part in any such activity has been approved by the local authority.
2. The local authority shall not approve the place of performance, rehearsal or activity unless they are satisfied that, having regard to the age of the child and the nature, time and duration of the performance, rehearsal or activity:-
  1. suitable arrangements have been made for meals for the child, for the child to dress for the performance, rehearsal or activity, and for the child's rest and recreation, when not taking part in a performance, rehearsal or activity;
  2. the place is provided with suitable and sufficient sanitary conveniences and washing facilities, and
  3. the child will be adequately protected against inclement weather,and their approval may be given subject to such conditions as they consider necessary for the purposes of this paragraph.
3. Arrangements for a child who has attained the age of five years to dress for a performance, rehearsal or activity shall not be deemed to be suitable unless such a child can dress only with children of the same sex as the child in question.
Arrangements for getting home
The holder of the licence shall ensure that suitable arrangements (having regard to the child's age) are made for the child to get to his home or other destination after the last performance or rehearsal or the conclusion of any activity on any day.
Break in performances
1. Subject to the provisions of paragraph (2) of this Regulation, a child who takes part in performances, other than performances in a circus, or rehearsals on the maximum number of days in a week permitted under Part IV or V of these Regulations, as the case may be, for a period of eight consecutive weeks, shall not take part in any performance or rehearsal or be employed in any other form of employment during the fourteen days next ensuing.
2. This Regulation shall not apply if the number of days specified in the licence on which the child may perform is less than sixty.
Further medical examinations
1. 1. Where a licence specifies the dates of performances and these fall on days in four consecutive weeks or more where a licence specifies the period in which performances may take place and such period is one month or more, the holder of the licence shall ensure that the child is medically examined within forty-eight hours after the end of each such period of four weeks or each month, as the case may be, in order to ascertain whether he is fit to take part in any further performances for which the licence has been granted and whether his health will suffer by reason of taking part in such performances.
  2. The holder of the licence shall obtain from the person making the ' medical examination a report stating whether in his opinion the child is fit to take part in any further performances for which the licence has been granted and whether his health will suffer by reason of taking part in such performances. (c) If the report states that the child is not fit or that his health would suffer as aforesaid, he shall not take part in any further performance until the person making the medical examination has certified that the child is fit to take part and that his health will not suffer thereby.
2. Where a child has been medically examined under Regulation 8(1) of these Regulations, that child shall be medically examined during the seven days immediately following the day of the last performance to which the licence relates unless the licensing authority are satisfied, having regard to the date of the last medical examination of the child under these Regulations and the number and nature of performances in which the child has taken part, that no such medical examination is necessary.
3. Where a medical examination is required under this Regulation, it shall be carried out by the school medical officer of the licensing authority or of the local authority or other medically qualified person approved by either of the said authorities; and a copy of the medical report shall be sent to the licensing authority.
Restriction on Employment
1. On the day on which or on the day immediately following the day on which a child takes part in a performance, he shall not be employed in any other form of employment.
2. On the day on which a child takes part in a performance for which a licence has been granted, he shall not take part in a performance for which a licence is not required.
Production of licence
The holder of a licence shall on request produce the licence at all reasonable hours at the place of performance or, as the case may be, the place where the activity to which the licence takes place to an authorised officer of the local authority or a constable.

PART IV
PERFORMANCES OTHER THAN BROADCAST OR RECORDED PERFORMANCES

Licences to which Part IV applies
The restrictions and conditions specified in this Part of these Regulations shall apply in the case of every licence authorising a child to take part in a performance other than a broadcast performance or a performance to be recorded (by whatever means) with a view to its use in a broadcast or in a film intended for public exhibition.
Maximum number of days in a week on which a chid may take part in performances and rehearsals
1. Subject to the provisions of paragraph (2) of this Regulation, a child shall not take part in performances of rehearsals to which this Part of these Regulations applies on more than six consecutive days.
2. Where in any period of seven days a child takes part in performances or rehearsals to some of which this Part of these Regulations applies and to others of which Part V of these Regulations applies, he shall not take part in such performances or rehearsals on more than five days in that period.
Maximum number and length of performances and rehearsals daily
1. A child shall not take part in a performance or rehearsal the duration of which exceeds three and a half hours.
2. A child shall not take part in a performance or rehearsal if the duration of his appearances in the performance or rehearsal exceeds two and a half hours.
3. A child shall not take part in more than one performance or rehearsal on any day unless he performs the same part in the performances or rehearsals, except where he takes the place of another performer in the same performance, and the performances or rehearsals are of the same nature.
4. On any day on which a child is required to attend school after the morning session he shall not take part in more than one performance or rehearsal.
5. Subject to the provisions of paragraph (3) of this Regulation, a child on any other day shall not take part in more than two performances or rehearsals or more than one performance and one rehearsal.
6. 1. Subject to the provisions of sub-paragraph (b) of this paragraph, a child shall not take part in more than one performance or rehearsal on any day unless there is an interval of not less than one and a half hours between the end of his part in the first performance or rehearsal and the beginning of his part in the second performance or rehearsal.
  2. On not more than two days in any week a child may take part in more than one performance or rehearsal on any day if:-
    1. there is an interval of not less than forty-five minutes between the end of his part in the first performance or rehearsal and the beginning of his part in the second performance or rehearsal; and
    2. he is not present at the place of performance or rehearsal on such a day for more than six hours.
7. Notwithstanding paragraphs (4), (5) and (6) of this Regulation and subject to paragraph (3) of this Regulation, where a child takes part in a performance in a circus:-
  1. on any day on which he is required to attend school after the morning session, he may take part in not more than two performances or rehearsals or not more than one rehearsal;
  2. on any other day, he may take part in not more than three performances or rehearsals, provided that:-
    1. he shall not take part in more than one performance or rehearsal unless there is an interval of not less than one and a half hours between the end of his part in one performance or rehearsal and the beginning of his part in the next performance or rehearsal and
    2. the duration of his appearance in a performance or rehearsal does not exceed thirty minutes.
Earliest and latest hours at place of performance and place of rehearsal
1. Subject to the provisions of paragraph (2) of this Regulation, a child shall not be present at a place of performance or rehearsal after whichever is the earlier of the two following times:-
  1. ten in the evening, if he has not attained the age of thirteen years, or half past ten if he has;
  2. thirty minutes after the end of his part in the performance or rehearsal or the last performance or rehearsal.
2. If in order to enable a child to take part in a performance the child's presence at the place of performance is required after the latest permitted time specified in paragraph (1) of this Regulation, he may be present at the place of performance not later than eleven in the evening on not more than three evenings in a week, provided that he is not so present on more than eight evenings in a period of four consecutive weeks.
3. A child shall not be present at a place of performance or rehearsal before ten in the morning, and on the day immediately following a day on which a child has taken part in a performance or rehearsal he shall not take part in a performance or rehearsal until after the expiration of not less than fourteen hours from the end of his part in the performance or rehearsal in which he last performed on the preceding day.
4. This Regulation shall not apply with respect to a place of performance or rehearsal where the child lives or receives an education in that place.

PART V
BROADCAST AND RECORDED PERFORMANCES

Licences to which Part V applies
The restrictions and conditions specified in this Part of these Regulations shall apply in the case of every licence authorising a child to take part in a broadcast performance or a performance to be recorded (by whatever means) with a view to its use in a broadcast or a film intended for public exhibition.
Maximum number of days in a week on which a child may take part in performances and rehearsals
Where in any period of seven days a child takes part in performances or rehearsals to all of which this Part of these Regulations applies or to some of which this Part applies and to others of which Part IV of these Regulations applies, he shall not take part in such performances or rehearsals on more than five days in that period.
Limitation on daily performances
On any day a child may take part only in performances or rehearsals that are of the same nature and in which he performs the same part or takes the place of another performer in the same performance.
Children aged nine or more
1. Subject to the provisions of paragraph (2) of this Regulation, a child who has attained the age of nine shall not be present at a place of performance or rehearsal:-
  1. for more than nine and a half hours a day,
  2. before seven in the morning or after seven in the evening.
  3. Notwithstanding the provisions of paragraph (1) of this Regulation, where the holder of the licence is the British Broadcasting Corporation, the Independent Television Authority, a programme contractor within the meaning of section 1(5) of the Television Act 1964 or a body supplying programmes to such a programme contractor to be broadcast by the Independent Television Authority, a child who has attained the age of nine years may:-
    1. be present in any week at a place of performance or rehearsal either between the hours of seven in the morning and seven in the evening or,
      1. for not more than twelve hours on any one day, or
      2. for not more than ten hours a day on any two days, or
      3. for not more than nine and a half hours a day on any three days,
        if he is not present at a place of performance or rehearsal on any other day in that week and has not been present at a place of performance or rehearsal after seven in the evening on more than twenty days during the preceding twelve months; or
    2. be present on one day in any week at a place of performance or rehearsal for not more than twelve hours either between the hours of seven in the morning and seven in the evening, or
      1. he is not present at the place of performance or rehearsal for more than four hours on any other day in that week;
      2. he does not take part in a performance or rehearsal for a total period of more than two hours on any other day in that week;
      3. he does not take part in a performance or rehearsal on the day immediately following the day on which he has been present at the place of performance or rehearsal after seven in the evening in accordance with this paragraph; and
      4. he has not been present at a place of performance or rehearsal after seven in the evening in accordance with this paragraph on any day during the six preceding days.
  4. A child who has attained the age of nine years shall not take part in a performance or rehearsal on any day:-
    1. for a continuous period of more than one hour without an interval for rest;
    2. for a total period of more than four hours.
  5. A child who has attained the age of nine years shall not be present at a place of performance or rehearsal:-
    1. for more than four consecutive hours without there being two or more intervals of which one shall be for the purpose of a meal and shall be of not less than one hour and the other or others shall be for the purpose of rest and shall not be less than fifteen minutes;
    2. for more than eight consecutive hours without there being three or more intervals of which two shall be for the purposes of meals and shall each be of not less than one hour and the others shall be for the purpose of rest and shall not be less than fifteen minutes.
  6. In calculating the number of hours on any day during which a child is present at a place of performance or rehearsal, there shall, in the case of a child for whom arrangements for his education by a private teacher have been approved by the licensing authority, be included any periods of education taken into account for the purpose of complying with the requirements of Regulation 10(4) of these Regulations, whether or not they take place at the place of performance or rehearsal.
Children aged five to eight
1. Subject to the provisions of paragraph (2) of this Regulation, a child who has attained the age of five years but has not attained the age of nine years shall not be present at a place of performance or rehearsal
  1. for more than seven and a half hours a day,
  2. before nine in the morning or after half-past four in the afternoon.
2. Deleted.
3. A child who has attained the age of five years but has not attained the age of nine years shall not take part in a performance or rehearsal on any day:-
  1. for a continuous period of more than forty-five minutes without an interval for rest,
  2. for a total period of more than three hours.
4. A child who has attained the age of five years but has not attained the age of nine years shall not be present at a place of performance or rehearsal
  1. for more than three and a half consecutive hours without there being two or more intervals of which one shall be for the purpose of a meal and shall be of not less than one hour and the others shall be for the purpose of rest and shall not be less than fifteen minutes,
  2. for more than eight consecutive hours without there being three or more intervals of which two shall be for the purposes of meals and shall each be of not less than one hour and the other or others shall be for the purpose of rest and shall not be less than fifteen minutes.
5. Calculating the number of hours on any day during which a child is present at a place of performance or rehearsal, there shall, in the case of a child for whom arrangements for his education by a private teacher have been approved by the licensing authority, be included any periods of education taken into account for the purpose of complying with the requirements of Regulation 10 (4) of these Regulations, whether or not they take place at the place of performance or rehearsal.
Children under five
1. A child who has not attained the age of five years shall not be present at a place of performance or rehearsal:-
  1. for more than five hours a day,
  2. before half-past nine in the morning or half-past four in the afternoon.
2. Such a child shall not take part in a performance or rehearsal on any day:-
  1. for a continuous period of more than thirty minutes without an interval for rest,
  2. for a total period of more than two hours.
3. Any time during which such a child is present at a place of performance or rehearsal, but is not taking part in a performance or rehearsal, shall be used for the purposes of meals, rest and recreation.
Night-work
1. Notwithstanding anything in Regulations 27 to 29 of these Regulations, but subject to the restrictions and conditions laid down in paragraph (2) of this Regulation, where the local authority are satisfied that a scene must be recorded out of doors and after the latest permitted hour, they may permit a child to take part in a performance after the latest permitted hour, but they shall only permit the child to take part in a performance after midnight and before the earliest permitted hour if they are satisfied that it is impractical for the recording of the permitted hour if they are satisfied that it is impracticable for the recording of the performance to be completed before midnight.
2. Where the local authority permit a child to take part in a performance after the latest permitted hour, the following restrictions and conditions shall apply:-
  1. the number of hours during which the child takes part in a performance after the latest permitted hour shall be included in computing the maximum number of hours during which he may take part in a performance or rehearsal on any one day under Regulations 27 to 29 of these Regulations;
  2. the child shall not take part in any other performance or rehearsal until not less than sixteen hours have elapsed since the end of his part in the performance.
  3. where the child takes part in a performance after the latest permitted hour on two successive days, the local authority shall not permit him to take part in any further performance after the latest permitted hour during the seven days immediately following the said two days.
3. In this Regulation "latest permitted hour" and "earliest permitted hour" in relation to a particular child mean the latest hour and the earliest hour respectively at which that child may be present at the place of performance or rehearsal under Regulations 27 to 29 of these Regulations.
Exceptions to Regulations 27 to 29
1. 1. The matron in charge of a child may allow that child to take part in a performance for a period not exceeding thirty minutes immediately following the latest permitted hour if:-
    1. the total number of hours during which the child takes part in a performance, including the said period of thirty minutes does not exceed the maximum number of hours permitted under Regulations 27 to 29 of these Regulations;
    2. it appears to the matron that the welfare of the child will not be prejudiced, and
    3. it appears to the matron that the conditions necessitating the child taking part in a performance after the latest permitted hour arose in circumstances outside the control of the holder of the licence.
  2. If a child takes part in a performance after the latest permitted hour under this Regulation, the holder of the licence shall ensure that the matron notifies the local authority not later than the day immediately following the day on which that child takes part in the performance.
  3. In this Regulation "latest permitted hour" in relation to a particular child means the latest hour at which that child may be present at the place of performance or rehearsal under Regulations 27 to 29 of these Regulations.
2. The matron in charge of a child may allow one of the intervals to be set aside for the purposes of meals under Regulation 27 or 28 of these Regulations, as the case may be, to be reduced where the child is taking part in a performance or rehearsal out of doors, provided that:-
  1. the duration of that interval is not less than thirty minutes, and
  2. the maximum number of hours during which he may take part in a performance or rehearsal under the said Regulation 27 or 28 is not exceeded.

PART VI
PERFORMANCES FOR WHICH BY REASON OF SECTION 37(3)(a) OF THE ACT A LICENCE IS NOT REQUIRED

Performances for which a licence is not required, other than broadcast or recorded performances
Regulations 33 and 34 of these Regulations shall apply in the case of a child taking part in a performance for which by reason of section 37(3)(a) of the Act a licence is not required, being a performance other than a broadcast performance or a performance to be recorded (by whatever means) with a view to its use in a broadcast or in a film intended for public exhibition.
Maximum number and length of performances daily
1. A child shall not take part in a performance the duration of which exceeds three and a half hours.
2. A child shall not take part in a performance if the duration of his appearances in the performance exceeds two and a half hours.
3. A child shall not take part in more than one performance on any day unless he performs the same part in the performances, except where he takes the place of another performer in the same performance and the performances are of the same nature.
4. On any day on which a child is required to attend school after the morning session he shall not take part in more than one performance.
5. Subject to the provisions of paragraph (3) of this Regulation, a child on any other day shall not take part in more than two performances.
6. 1. Subject to the provisions of sub-paragraph (b) of this paragraph, a child shall not take part in more than one performance on any day unless there is an interval of not less than one and a half hours between the end of his part in the first performance and the beginning of his part in the second performance.
  2. On not more than two days in any week a child may take part in more than one performance on any day if:-
    1. there is an interval of not less than forty-five minutes between the end of his part in the first performance and the beginning of his part in the second performance, and
    2. he is not present at the place of performance on such a day for more than six hours.
7. Notwithstanding paragraphs (4), (5) and (6) of this Regulation and subject to paragraph (3) of this Regulation, where a child takes part in a performance in a circus
  1. any day on which he is required to attend school after the morning session, he may take part in not more than two performances;
  2. on any other day, he may take part in not more than three performances, provided that:-
    1. he shall not take part in more than one performance unless there is an interval of not less than one and a half hours between the end of his part in one performance and the beginning of his part in the next performance, and
    2. duration of his appearance in a performance does not exceed thirty minutes.
Earliest and latest hours at place of performance
1. Subject to the provisions of paragraph (2) of this Regulation a child shall not be present at a place of performance after whichever is the earlier of the two following times:
  1. ten in the evening, if he has not attained the age of thirteen years, or half-past ten if he has;
  2. thirty minutes after the end of his part in the performance or last performance.
2. If in order to enable a child to take part in a performance the child's presence at the place of performance is required after the latest permitted time specified in paragraph (1) of this Regulation, he may be present at the place of performance not later than eleven in the evening on not more than three evenings in a week.
3. A child shall not be present at a place of performance before ten in the morning, and on the day immediately following a day on which a child has taken part in a performance he shall not take part in a performance until after the expiration of not less than fourteen hours from the end of his part in the performance in which he last performed on the preceding day.
4. This Regulation shall not apply with respect to a place of performance where the child lives or receives education in that place.
Broadcast and recorded performances for which a licence is not required
Regulations 36 to 40 of these Regulations shall apply in the case of a child taking part in a performance for which by reason of section 37(3)(a) of the Act a licence is not required, being a broadcast performance or a performance to be recorded (by whatever means) with a view to its use in a broadcast or in a film intended for public exhibition.
Limitation on daily performances
On any day a child may take part only in performances that are of the same nature and in which he performs the same part or takes the place of another performer in the same performance.
Children aged nine or more
1. A child who has attained the age of nine years shall not be present at a place of performance:-
  1. for more than nine and a half hours a day;
  2. before seven in the morning or after seven in the evening.
2. Such a child shall not take part in a performance on any day
  1. for a continuous period of more than one hour without an interval for rest;
  2. for a total period of more than four hours.
3. Such a child shall not be present at a place of performance for more than four consecutive hours without there being two or more intervals of which one shall be for the purpose of a meal and shall be of not less than one hour and the other or others shall be for the purpose of rest and shall not be less than 15 minutes.
Children aged five to eight
1. A child who has attained the age of five years but has not attained the age of nine years shall not be present at a place of performance:-
  1. for more than seven and a half hours a day;
  2. before nine in the morning or after half-past four in the afternoon.
2. Such a child shall not take part in a performance on any day:-
  1. for a continuous period of more than forty-five minutes without an interval for rest;
  2. for a total period of more than three hours.
3. Such a child shall not be present at a place of performance for more than three and a half consecutive hours without there being two or more intervals of which one shall be for the purpose of a meal and shall be of not less than one hour and the other or others shall be for the purpose of rest and shall not be less than fifteen minutes.
Children aged two to four
1. A child who has attained the age of two years but has not attained the age of five years shall not be present at a place of performance:-
  1. for more than five hours a day;
  2. before half-past nine in the morning or after half past four in the afternoon.
2. Such a child shall not take part in a performance on any day:-
  1. for a continuous period of more than thirty minutes without an interval for rest;
  2. for a total period of more than two hours.
3. Any time during which such a child is present at a place of performance but is not taking part in a performance, shall be used for the purposes of meals, rest and recreation.
Children under two
1. A child who has not attained the age of two years shall not be present at a place of performance
  1. for more than three hours a day;
  2. before half-past nine in the morning or after four in the afternoon.
2. Such a child shall not take part in a performance on any day:-
  1. for a continuous period of more than twenty minutes without an interval for rest;
  2. for a total period of more than one hour.
3. Any time during which such a child is present at a place of performance, but is not taking part in a performance, shall be used for the purposes of meals, rest and recreation.
Restriction on employment
1. On the day on which or on the day immediately following the day on which a child takes part in a performance for which by reason of section 37(3)(a) of the Act a licence is not required, he shall not be employed in any other form of employment.
2. On the day on which a child takes part in a performance for which by reason of section 37(3)(a) of the Act a licence is not required, he shall not take part in a performance for which a licence is required.

PART VI A
LICENCES TO PERFORM AND PARTICIPATE IN ACTIVITIES ABROAD

(A). A licence under section 25 of the Children and Young Persons Act 1933 authorising a child to go abroad for any purpose specified in sub-section (1) of that section shall be in the form set out in Part 1 of Schedule 4.
Where a licence under section 25 of the Children and Young Persons Act 1933 is granted, renewed or varied in accordance with that section, the particulars which the justice of the peace must send to the Secretary of State for the transmission to the proper consular officer are those specified in Part 11 of Schedule 4.

PART VII
INTERPRETATION, CITATION AND COMMENCEMENT

Interpretation
1. In these Regulations, unless the context otherwise requires:-
  "the Act" means the Children and Young Persons Act 1963;
  "activity" means participation in a sport or work as a model in the circumstances specified in sub-section (1)(b) of section 37 of the Act;
  "day" means a period of twenty-four hours beginning and ending at midnight and, for the purposes of Regulation 30(2)(a) of these Regulations, any performance taking place after midnight and before the earliest permitted hour as defined in Regulation 30(3) of these Regulations shall be deemed to have taken place before midnight;
  "licence" means a licence authorising a child to do anything for which, by virtue of section 37(1) of the Act, a licence is required;
  "licensing authority" means the local education authority (or, in Scotland, the education authority) to whom an application for a licence is made or by whom a licence is granted;
  "local authority" means a local education authority (or in Scotland, the education authority) in whose area a performance takes place;
  "parent" includes a guardian or other person who has for the time being the charge of or control over the child;
  "performance" means a performance to which section 37(2) of the Act applies;
  "rehearsal" means any rehearsal for, or preparation for the recording of, a performance to which a licence relates, being a rehearsal which takes place on the day of performance or during the period beginning with the first and ending with the last performance to which the licence relates;
  "school medical officer" means the duly qualified medical practitioner employed or engaged by the licensing authority, whether regularly or for the purposes of any particular case, to carry out medical examinations of pupils;
  "week" means a period of seven days beginning with the day on which the first performance for which the licence is granted takes place or any seventh day thereafter.
2. The Interpretation Act 1889(a) shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
Citation and commencement
1. These Regulations may be cited as the Children (Performances) Regulations 1968.
2. These Regulations shall come into operation on 2nd December 1968 for the purposes of applying for licences under section 37 of the Act, and granting such licences to have effect on and after 3rd March 1969.
3. Subject to paragraph (2) of this Regulation, these Regulations shall come into operation on 3rd March 1969.

James Callaghan
One of Her Majesty's Principal Secretaries of State
Home Office
Whitehall

30th October 1968

SCHEDULE 1
Regulation 1

FORM OF APPLICATION FOR A LICENCE
(Note: It is important that this form, duly completed, should be sent so as to reach the licensing authority not less than twenty one days before the first performance for which the licence is requested, since the licensing authority may otherwise refuse to grant a licence.)

Application to the Council
PART 1
(TO BE COMPLETED BY THE APPLICANT)

I hereby apply for a licence under section 37 of the Children & Young Persons Act 1963 authorising ____________________ (insert name of child):
1. * to take part in a performance.
2. * otherwise to take part in a sport, or
3. * otherwise to work as a model
(*Delete as appropriate)
either on the dates specified in item 4(i) of the Annexe to this Part or on the number of days and during the period specified in item 4(ii) to the Annexe to this Part.
I certify that to the best of my knowledge the particulars contained in the Annexe to this part are correct.
I attach the following:
1. the birth certificate of the child or other satisfactory evidence of the child's age;
2. two identical prints (unmounted) of a photograph of the child taken during the six months preceding the date of the application;
3. a copy of the contract, draft contract or other documents containing particulars of the agreement regulating the child's appearance in the performances or regulating the activity for which the licence is requested;
4. * a declaration under section 38(1)(a) or (b) of the Children and Young Persons Act 1963.
I understand that if a licence is granted to me it will be granted subject to the restrictions and conditions laid down in the Children (Performances) Regulations 1968 and to such other conditions as the local authority or the licensing authority may impose under the said Regulations.

Date:	____________________________
Signed:	____________________________(Applicant)
Full name:	____________________________
Address:	____________________________
Occupation:	____________________________

NOTE - Any person who fails to observe any condition subject to which a licence is granted or knowingly or recklessly makes any false statement in or in connection with an application for a licence is liable to a fine not exceeding £1000 (level 3 on the standard scale) or imprisonment for a term not exceeding three months or both (section 40 of the Children and Young Persons Act 1963).

(*Delete if inapplicable.)

(a). A licence specifying the number of days on which a child may perform and the period, not exceeding six months, in which the performances may take place may be granted only to the British Broadcasting Corporation, the Independent Television Authority, a programme contractor within the meaning of section 1(5) of the Television Act 1964 or a body supplying programmes to such a programme contractor to be broadcast by the Independent Television Authority or in respect of a child taking part in a performance to be recorded (by whatever means) with a view to its use in a film intended for public exhibition.

ANNEXE TO PART 1
PARTICULARS CONNECTED WITH THE PERFORMANCE IN WHICH THE CHILD IS TO TAKE PART

Name and nature (e.g. theatrical, filming, television, etc) of the performances or activities in respect of which the licence is requested.
Description of the child's part.
Place of the performances or activities in respect of which the licence is requested (his includes the places at which work on location is to be done).
1. The dates of the performances or activities for which the licence is requested, or
2. The number of days, and the period during which, it is requested that the child may take part in performances or activities (c).
Time and duration of performances or activities in respect of which the licence is requested.
Approximate duration of the child's appearances in the performances or activities in respect of which the licence is requested.
The amount of night work (if any) for which approval will be sought from the local authority under Regulation 30 of the Children (Performances) Regulations 1968 stating:-
1. the appropriate number of days,
2. the approximate duration on each day.
The sums to be earned by the child in taking part in the performances or activities in respect of which the licence is requested.
Where a licence is requested in respect of a performance, proposed arrangements for rehearsals taking place during the fourteen days preceding the first performance for which the licence is requested, stating in respect of each rehearsal:
1. the date
2. the place
3. the approximate duration
The days or half days on which leave of absence from school is requested to enable the child to take part in performances or activities for which the licence is requested or in rehearsals.
Proposed arrangements (if any) under Regulation 10 of the Children (Performances) Regulations 1968 for the education of the child during the period for which the licence is requested stating:
1. the name and address of the school to be attended, or
2. 1. the name, address and qualification of the proposed private teacher,
  2. the place where the child will be taught,
  3. the proposed course of study,
  4. the number of other children to be taught by the private teacher at the same time as the child in respect of whom this application is made, and the sex and age of each such child,
  5. whether the child is to receive the required amount of education in accordance with Regulation 10(4)(a) or Regulation 10(4)(b).
The name of the local authority (if any) that has previously approved the appointment of the private teacher for the purposes of a licence.
The name, address and description of the proposed matron.
The name of the local authority (if any) that has previously approved the appointment of the matron for the purposes of a licence.
The number of other children to be in the charge of the matron during the time when she would be charge of the child in respect of whom the application is made, and the sex and age of each such child.
The address of the lodgings where the child will live if a licence is granted by reason of which the child has to live elsewhere than at the place where he would otherwise live, the name of the householder and the number of other children who will live in the same lodgings.
Approximate length of time which the child will spend travelling:-
1. to the place of performance, rehearsal or activity,
2. from the place of performance, rehearsal or activity, and the arrangements (if any) for transport
  1. to the place of performance, rehearsal or activity,
  2. from the place of performance, rehearsal or activity.
Name of any other licensing authority to which an application has been made for another child to take part in performances or activities to which this application relates.
Where the application is for a licence for an activity, a statement by the child's parent that the child is medically fit for the proposed activity.

(c)A licence specifying the number of days on which a child may perform and the period, not exceeding six months, in which the performances or activities may take place may be granted only to the British Broadcasting Corporation, the Independent Television Authority, a programme contractor within the meaning of section 1 (5) of the Television Act 1964 or a body supplying programmes to such a programme contractor to be broadcast by the Independent Television Authority or in respect of a child taking part in a performance to be recorded (by whatever means) with a view to its use in a film intended for public exhibition.

PART II (TO BE COMPLETED BY A PARENT)
(Note: Parent includes a guardian or other person who has for the time being the charge of or control over the child.)
Please give the following particulars:

Full name of child.
Date of birth of child.
Address of child.
Name and address of schools attended by the child during the twelve months preceding the date of this application or, if he has not attended school, the name and address of his private teacher.
Particulars of each licence granted during the twelve months preceding the date of this application by any local authority other than the licensing authority to whom this application is made, stating in each case:

the name of the local authority,
the date on which the licence was granted,
the dates and nature of the performances or activities.

Particulars of each application for a licence made during the twelve months preceding the date of this application and refused by any local authority other than the licensing authority to whom this application is made, stating in each case:

the name of the local authority,
the date of the application,
the reasons (if known) for the refusal to grant a licence.

Particulars of each performance for which a licence was not required in which the child took part during the twelve months preceding the date of this application, stating in each case:

the date,
the place,
the nature of the performance,
the name of the person responsible for the production of the performance in which the child took part.

Dates (if any) on which the child has been absent from school during the twelve months preceding the date of this application by reason of his taking part in a performance or activity.
Particulars of any other form of employment in which the child is employed during the twenty-eight days preceding the day of the first performance or first activity for which the licence is requested stating:

the nature of the employment,
the days on which the child is employed,
the times during which the child is employed.

Particulars relating to the sums earned by the child during the twelve months preceding the date of this application stating:

whether the sums earned were in respect of performances or activities for which a licence was granted, performances for which a licence was not required or other form of employment,
the amount of the sums earned,
the date on which payment was received,
the name, address and description of the person from whom the payment was received. I support this application for a licence.

I certify that to the best of my knowledge the foregoing particulars are correct and I understand that if a licence is granted it will be granted subject to the restrictions and conditions laid down in the Children (Performances) Regulations 1968 and to such other conditions as the local authority or the licensing authority may impose under the said Regulations.

Date:	____________________________
Signed:	____________________________
Full name:	____________________________
Address:	____________________________
Relationship to child*:	____________________________

Note: Any person who fails to observe any condition subject to which a licence is granted or knowingly or recklessly makes any false statement in or in connection with an application for a licence is liable to a fine not exceeding £1000 (level 3 on the standard scale) or imprisonment for a term not exceeding three months or both (section 40 of the Children and Young Persons Act 1963)

* State whether parent, guardian or other person having for time being the charge of or control over the child.

SCHEDULE 2
Regulation 3

FORM OF LICENCE

The ____________________ Council, on an application relating to ____________________ (hereinafter called "the child"), whose photograph is attached hereto, hereby grant to ____________________ a licence authorising the child:

* to take part in performances on the dates specified below, or
* to take part in performances on the number of days and during the period specified below (a), or
* otherwise to take part in a sport for payment (other than expenses) on the dates specified below or on the number of days and during the period specified below, or
* otherwise to work as a model for payment (other than expenses) on the dates specified below or on the number of days and during the period specified below, subject to the restrictions and conditions laid down in the Children (Performances) Regulations 1968 and to such other conditions as the local authority or the licensing authority may impose under the said Regulations. The performances or activities in respect of which the licence is granted are (b):

* The child may be absent from ____________________ (school name) for the purposes authorised by this licence on (c):

* The holder of the licence shall ensure that (d):

(*Delete if inapplicable)

Notes:

A licence specifying the number of days on which a child may perform and the period, not exceeding six months, in which the performances may take place may be granted only to the British Broadcasting Corporation, the Independent Television Authority, a programme contractor within the meaning of section 1(5) of the Television Act 1964 or a body supplying programmes to such a programme contractor to be broadcast by the Independent Television Authority or in respect of a child taking part in performance to be recorded (By whatever means) with a view to its use in a film intended for public exhibition.
In the case of (1) above state the names, dates, places and nature of the performances and in the case of (2) above state the names, places and nature of the performances, the number of days on which the child may perform and the period in which the performances may take place.
Set out the days or half days on which the child may be absent from school. If absence from school is granted to enable the child to take part in a rehearsal, this should also be stated.
Set out in the terms of any condition imposed under Regulation 11 of the Children (Performances) Regulations 1968 in respect of any sums earned by the child in taking part in the performances to which this licence relates.

SCHEDULE 3
Regulation 5

RECORDS TO BE KEPT BY THE HOLDER OF A LICENCE

The holder of a licence granted in respect of a performance shall keep the following records:-

The licence
The following particulars in respect of each day (or night) on which the child is present at the place of performance:-

the date,
the time of arrival at the place of performance,
the time of departure from the place of performance,
the times of each period during which the child took part in a performance or rehearsal,
the time of each rest interval,
the time of each meal interval,
the times of any night-work authorised by the local authority under Regulation 30 of the Children (Performances) Regulations 1968.

Where arrangements are made for the education of the child by a private teacher, the date and duration of each lesson and the subject taught.
Details of injuries and illness (if any) suffered by the child at the place of performance, including the dates on which such injuries occurred and stating whether such injuries or illness prevented the child from being present at the place of performance.
The dates of medical examinations (if any) of the child carried out under Regulation 17 of the Children (Performances) Regulations 1968.
The dates of the breaks in performances required under Regulation 16 of the Children (Performances) Regulations 1968.
The amount of all sums earned by reason of taking part in the performance and the names, addresses and description of the persons to whom such sums were paid.
Where the licensing authority grant a licence subject to the condition that sums earned by the child shall be dealt with in a manner approved by them, the amount of the sums and the manner in which they have been dealt with.

The holder of a licence granted in respect of any activity shall keep the records specified in paragraphs 1,2(a), 3, 7 and 8 as if any reference in those paragraphs to a 'performance' were a reference to the activity for which the licence was granted.

SCHEDULE 4
Regulations 41A and 41B

SCHEDULE TO THESE REGULATIONS

Statutory Instrument 1998 No 1678

PART 1

Form of licence to enable child to perform or participate in other activities abroad.

I ____________________ (a) grant to ____________________ (b) a licence authorising ____________________ (c) to go abroad to fulfil the following engagement (d):

I grant the licence until ______________ (being a period not exceeding 3 months from the date below) subject to the following restrictions and conditions:

for the observance of which the applicant is to give security of ____________________ (e)

Date:	____________________________
Signed:	____________________________(Justice of the Peace)
Full name:	____________________________
Notes:	____________________________
	____________________________
	____________________________

Name of Justice of the Peace.
Name of applicant.
Name of child.
State whether the engagement is to sing, play, perform or be exhibited for profit, to take part in a sport or to work as a model.
Delete if not applicable.

PART II
Particulars for transmission to the proper consular officer:

The name and address of the child.
The date, place of birth and nationality of the child.
The name and address of the applicant for the licence.
The name and address of the parent of the child.
Particulars of the engagement including where and for how long the child is to participate.
A copy of the contract of employment or other document showing the terms and conditions on which the child is engaged.
A copy of the licence.

NB :

Under transitional provisions, i.e. Regulation 3 of The Children (Performances) (Miscellaneous Amendments) Regulations 1998, a Licence issued under the Employment Abroad of Persons under Eighteen, Licence Regulations 193 3 [4] which is in force on 4th August 1998 remains in force until the date stated on the licence.
The Employment Abroad of Persons under Eighteen, Licence and Regulations 1933 are hereby revoked.

EXPLANATORY NOTE (to The Children (Performances) Regulations 1968)
(This Note is not part of the Regulations)

These Regulations make provision with respect to children in England, Wales or Scotland who take part in a performance to which Section 37 of the Children and Young Persons Act 1963 applies. A child means a person who is not over compulsory school age. Section 37 applies to a performance in connection with which a charge is made, a performance in licensed premises, a broadcast performance and a performance recorded (by whatever means) with a view to its use in a broadcast or in a film intended for public exhibition. For most performances a licence granted by the appropriate local authority is required by section 37: but for some a licence is not required.

Part I of the Regulations deals with an application for, and the grant of, a licence and keeping of records by the licence holder.

Part II of the Regulations deals with restrictions on the grant of a licence. Regulation 6 prohibits the grant of a licence if the child has taken part in performances on more than a specified number of days during the previous year. Regulation 7 restricts the grant of a licence for troupe work, e.g. in a chorus, except as provided in the Regulation. Regulation 8 requires the child to be medically fit.

Part III of the Regulations makes provision for certain restrictions and conditions applying to all licenses. They concern the welfare of the child, e.g. education and lodgings.

Parts IV, V and VI of the Regulations limit the number of performances a week, the maximum number and length of performances daily and the length of time that a child can be present at the place of performance. Part IV relates to performances, other than broadcaster-recorded performances, for which a licence is required. Part V relates to broadcast and recorded performances for which a licence is required. Part VI relates to performances for which licence is not required because during the preceding six months the child has not taken part in performances on more than three days (section 37(3)(a) of the Children and Young Persons Act 1963).

EXPLANATORY NOTE (to The Children (Performances) (Miscellaneous Amendments) Regulations 1998)
(This Note is not part of the Regulations)

These Regulations amend the Children (Performances) Regulations 1968 (S.I. 1968/1728) ("the 1968 Regulations"). Their purpose is to extend the licensing requirements contained in the 1968 Regulations as now required by the Children and Young Persons Acts 193 3 and 1963. Those Acts were amended by the Children (Protection at Work) Regulations (S.I. 1998/276) in order to implement, in relation to children, the provisions of the 1994 EC Directive on the Protection of Young People at Work. The regulations revoke regulations dating back to 1933 which govern the form of licence required to authorise a child to perform abroad and insert the requisite provision and licence form into the 1968 Regulations.

Regulation 2 amends the 1968 Regulations to make provision for a licence to be obtained before a child may participate in a sport or work as a model in circumstances where payment, other than expenses, is made either to the child or to someone else. A child means any person of compulsory school age. Before the enactment of these Regulations a licence was required only where a child took part in performances, widely defined to include, for example, all broadcast performances. The regulations governing application for and grant of licences for performances are unchanged. Regulation 2 accordingly makes a number of what are largely drafting amendments to Parts I, II and III of the 1968 Regulations either to apply various of those provisions, with suitable modifications, to licences authorising children to take part in sporting or modelling activities or, where appropriate, to make it clear that other provisions continue to apply to licences for performances only. Parts IV, V and VI that relate specifically to licences for performances are unchanged.
Regulation 2 also makes consequential amendments to the Schedules to the 1968 Regulations to alter the form of application for a licence, the licence itself and the records that a licence holder is required to keep.

Regulation 2 also inserts into the 1968 Regulations provision for the form of licence required under section 25 of the Children and Young Persons Act 1933 to authorise a child to perform abroad. New regulations 41A and 41B, together with the new schedule 4, regulate the form of licence and the particulars that the justice of the peace who grants the licence must send to the Secretary of State. The principal difference between these provisions and those which they replace is that, as now required by section 25 of the 1933 Act, they govern the issue of a licence where a child is going abroad to take part in a sport or to work as a model in circumstances where payment is made (other than expenses). In addition, the form of licence is simplified.

Regulations 3 and 4 are consequential on regulation 2. Regulation 3 makes transitional provision to ensure the continued validity of licences granted to children to perform abroad under the 1933 Regulations. Regulation 4 revokes the 1933 Regulations.

Notes:

1933 c.12. Section 25(2) was amended by the Employment Act 1989 (c.38), section 10(2) and Schedule 3, Part III, paragraph 6(b); section 25(2) and (8) were amended by the Children (Protection at Work) Regulations 1998 (S.I. 1998/276).
1963 c.37. Section 37 and section 39(3) were amended by the Children (Protection at Work) Regulations 1998 (S.I. 1998/276).
S.I. 1968/1728. The definition of "child" which applies to the 1968 Regulations is that contained in section 30 of the Children and Young Persons Act 1933 which was inserted into that section by the Employment Act 1989, section 10(2) and Schedule 3, Part Ill, paragraph 6.
S.R. & 0. 1933/922. ISBN 0 11 079280 7 40

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