The Children (Protection at Work) Regulations 1998

• Citation: S.I. 1998/276
• Sections: 17

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Children (Protection at Work) Regulations 1998 and shall come into force on 4th August 1998.

(2) In these Regulations—

(a) “the 1933 Act ” means the Children and Young Persons Act 1933 ;

(b) “the 1937 Act ” means the Children and Young Persons (Scotland) Act 1937 ; and

(c) “the 1963 Act ” means the Children and Young Persons Act 1963 .

Section 2 Amendments to the 1933 Act

(1) Section 18 (restrictions on employment of children) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “thirteen years” substitute “fourteen years”;

(b) after paragraph (a), insert the following new paragraph—

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

(c) paragraph (f) is omitted; and

(d) at the end insert—

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

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

(ii) which is not a Sunday; or

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

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

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

(3) In subsection (2), in paragraph (a)—

(a) in sub-paragraph (i), after “employment” insert “on an occasional basis” and for “thirteen years” substitute “fourteen years”; and

(b) after sub-paragraph (i), insert the following new sub-paragraph—

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

(4) After subsection (2), insert the following new subsection—

(2A) In this section—

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

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

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

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

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

(5) In subsection (3)—

(a) for “taking part in a performance” substitute “doing anything”, and

(b) in paragraph (b), for “take part in the performance” substitute “do it”.

Section 3 Amendments to the 1933 Act

In section 21 (penalties and legal proceedings in respect of general provsions as to employment) after subsection (2) insert the following new subsection—

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

Section 4 Amendments to the 1933 Act

In section 23 (performances endangering life or limb), for “section 37” substitute “section 37(2)”.

Section 5 Amendments to the 1933 Act

In section 25 (restrictions on children going abroad to perform for profit)—

(a) in subsection (1) after “abroad” insert “(a)”;

(b) in that subsection, after “for profit,” insert “or”

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

(c) in subsection (2), for the words from “for the purpose” to “profit,” substitute “for any purpose referred to in subsection (1) of this section,”;

(d) in subsections (2) and (4) to (8), for “police magristrate”, wherever the words occur, substitute “justice of the peace”;

(e) in subsection (3), for “the police magistrate” in the first place where the words occur substitute “a justice of the peace” and in the subsequent places where they occur substitute “the justice of the peace”;

(f) in subsection (7), for “the magistrate” substitute “the justice of the peace”; and

(g) subsection (9) is repealed.

Section 6 Amendments to the 1933 Act

In section 26 (punishment of contraventions), in subsection (2)—

(a) after “abroad and that” insert “(a)”; and

(b) after “profit,” insert “or”

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

Section 7 Amendments to the 1933 Act

In section 28 (powers of entry)—

(a) in subsection (1), for “or being trained,” substitute “being trained, taking part in a sport, or working as a model,”;

(b) in subsection (2)(a), before “section 37” insert “subsection (2) of”; and

(c) in subsection (2)(b), for “take part in a performance” substitute “do anything”.

Section 8 Amendments to the 1937 Act

(1) Section 28 (restrictions on employment of children) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “thirteen years” substitute “fourteen years”;

(b) after paragraph (a) insert the following new paragraph—

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

(c) paragraph (f) is omitted; and

(d) at the end insert—

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

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

(ii) which is not a Sunday; or

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

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

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

(3) In subsection (2), in paragraph (a)—

(a) in sub-paragraph (i) after “employment” insert “on an occasional basis” and for “thirteen years” substitute “fourteen years”; and

(b) after sub-paragraph (i) insert the following new sub-paragraph—

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

(4) After subsection (2) insert the following new subsection—

(2A) In this section—

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

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

is not such as to be harmful to their attendance at school or to their participation in work experience in accordance with section 123 of the Education (Scotland) Act 1980 , or their capacity to benefit from the instruction received or, as the case may be, the experience gained;

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

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

(5) In subsection (3)—

(a) for “taking part in a performance” substitute “doing anything”, and

(b) in paragraph (b), for “take part in the performance” substitute “do it”.

Section 9 Amendments to the 1937 Act

In section 31 (penalties and legal proceedings in respect of general provisions as to employment), after subsection (2) insert the following new subsection—

(2A) Where a person is charged under this section with contravening section 28(1)(j) of this Act the proviso in subsection (1) of this section shall not apply, but it shall be a defence for him to prove that he used all due diligence to secure that section 28(1)(j) should be complied with.

Section 10 Amendments to the 1937 Act

In section 33 (performances endangering life or limb), for “section 37” substitute “section 37(2)”.

Section 11 Amendments to the 1937 Act

In section 36 (powers of entry)—

(a) in subsection (1), for “or being trained,” substitute “being trained, taking part in a sport, or working as a model,”;

(b) in subsection (2)(a), before “section 37” insert “subsection (2) of”; and

(c) in subsection (2)(b), for “take part in a performance” substitute “do anything”.

Section 12 Amendments to the 1963 Act

(1) Section 37 (restrictions on children taking part in performances, etc ) is amended as follows.

(2) In subsection (1), for the words from “Subject” to “applies” substitute—

(1) Subject to the provisions of this section, a child shall not—

(a) take part in a performance to which subsection (2) of this section applies, or

(b) otherwise take part in a sport, or work as a model, where payment in respect of his doing so, other than for defraying expenses, is made to him or to another person,

(3) In subsection (2), for “section”, in the first place where it occurs, substitute “subsection”.

(4) In subsection (3)—

(a) after “performance to which” insert “subsection (2) of”;

(b) after “applies if” insert “no payment in respect of his taking part in the performance, other than for defraying expenses, is made to him or to another person, and—”;

(c) in paragraph (a), after “performances to which” insert “subsection (2) of”; and

(d) in paragraph (b), the words from “and no payment” to “expenses” are omitted.

(5) In subsection (4)—

(a) for “take part in a performance or series of performances” substitute “do anything”; and

(b) for “do so” substitute “do it”.

(6) In subsection (6), for “taking part in a performance” substitute “any activity”.

Section 13 Amendments to the 1963 Act

In section 38(1) (restrictions on licences for performances by children under 13), after “granted” insert “in relation to a performance to which subsection (2) of that section applies”.

Section 14 Amendments to the 1963 Act

(1) Section 39 (supplementary provisions as to licences) is amended as follows.

(2) In subsections (1) and (2), for “the performance or one of the performances” substitute “any activity”.

(3) In subsection (3)—

(a) for “take part in a performance” substitute “do something”, and

(b) for “to a performance” substitute “to an activity”.

(4) In subsection (5), for “the performance o rlast performance” substitute “the occasion or last occasion”.

Section 15 Amendments to the 1963 Act

In section 40 (offences), in subsection (1)(a), for “take part in any performance” substitute “do anything”.

Section 16 Amendments to the 1963 Act

(1) Section 42 (licences for children and young persons performing abroad) is amended as follows.

(2) In subsection (1), for “the purpose of performing for profit” substitute “certain purposes”.

(3) In subsection (2), after “granted” insert “in relation to a purpose referred to in subsection (1)(a) of that section”.

Section 17 Consequential amendments to other statutes

(1) In the Children Act 1972 , section 1(1) (which is spent in consequence of the amendments to section 18 of the 1933 Act in regulation 2(2)(a) and the corresponding amendment for Scotland in regulation 8) is omitted.

(2) In the Justices of the Peace Act 1997 in section 18(4), paragraph (a) is omitted.