Captured statutory text (L5)
18 Restrictions on employment of children.
(1)Subject to the provisions of this section and of any byelaws made thereunder no child shall be employed—
(a)so long as he is under the age of fourteen years; or
(aa)to do any work other than light work or;
(b)before the close of school hours on any day on which he is required to attend school; or
(c)before seven o’clock in the morning or after seven o’clock in the evening or any day; or
(d)for more than two hours on any day on which he is required to attend school; or
(da)for more than twelve hours in any week in which he is required to attend school; or
(e)for more than two hours on any Sunday; or
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)for more than eight hours or, if he is under the age of fifteen years, for more than five hours in any day—
(i)on which he is not required to attend school, and
(ii)which is not a Sunday; or
(h)for more than thirty-five hours or, if he is under the age of fifteen years, for more than twenty-five hours in any week in which he is not required to attend school; or
(i)for more than four hours in any day without a rest break of one hour; or
(j)at any time in a year unless at that time he has had, or could still have, during a period in the year in which he is not required to attend school, at least two consecutive weeks without employment.
(2)A local authority may make byelaws with respect to the employment of children, and any such byelaws may distinguish between children of different ages and sexes and between different localities, trades, occupations and circumstances, and may contain provisions—
(a)authorising—
(i)the employment on an occasional basis of children aged thirteen years(notwithstanding anything in paragragh (a) of the last foregoing subsection) by their parents or guardians in light agricultural or horticultural work.
(ia)the employment of children aged thirteen years (notwithstanding anything in paragraph (a) of the last foregoing subsection) in categories of light work specified in the byelaw.
(ii)the employment of children (notwithstanding anything in paragraph (b) of the last foregoing subsection) for not more than one hour before the commencement of school hours on any day on which they are required to attend school;
(b)prohibiting absolutely the employment of children in any specified occupation;
(c)prescribing—
(i)the age below which children are not to be employed;
(ii)the number of hours in each day, or in each week, for which, and the times of day at which, they may be employed;
(iii)the intervals to be allowed to them for meals and rest;
(iv)the holidays or half-holidays to be allowed to them;
(v)any other conditions to be observed in relation to their employment;
so, however, that no such byelaws shall modify the restrictions contained in the last foregoing subsection save in so far as is expressly permitted by paragraph (a) of this subsection, and any restriction contained in any such byelaws shall have effect in addition to the said restrictions.
(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 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.
(3)Nothing in this section, or in any byelaw made under this section, shall prevent a child from doing anything—
(a)under the authority of a licence granted under this Part of this Act; or
(b)in a case where by virtue of section 37(3) of the Children and Young Persons Act 1963 no licence under that section is required for him to do it.
(1)A child may not be employed to work—
(a)so long as the child is under the age of 14 (subject to regulations under subsection (2));
(b)to do any work other than light work;
(c)to do work of a description specified in regulations made by the appropriate national authority;
(d)before 7.00 a.m. or after 8.00 p.m. on any day;
(e)on any day on which the child is required to attend school—
(i)for more than one hour before the start of school hours,
(ii)during school hours, or
(iii)for more than two hours in total in the day;
(f)for more than 12 hours in any week in which the child is required to attend school;
(g)for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school;
(h)for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school;
(i)for more than four hours in any day without a break of one hour;
(j)at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school.
(2)The appropriate national authority may by regulations authorise the employment of children aged 13 to do specified descriptions of light work.
(3)A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the appropriate national authority.
(4)The appropriate national authority may by regulations—
(a)make provision in relation to child employment permits;
(b)provide that subsection (3) does not apply in specified cases or circumstances;
(c)make provision about the keeping of records.
(5)The provision that may be made in reliance on subsection (4)(a) includes provision—
(a)authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application;
(b)requiring a local authority to have regard to specified matters when determining an application;
(c)for the grant of a child employment permit subject to conditions determined by a local authority;
(d)requiring a child employment permit to contain specified information;
(e)authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances;
(f)about appeals against—
(i)a decision to reject an application, or
(ii)the revocation of a child employment permit;
(g)imposing requirements on persons employing children (including requirements to produce child employment permits for inspection);
(h)requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in England or Wales or to a local authority in Scotland.
(6)The appropriate national authority may by regulations make provision (subject to subsection (1) and regulations under subsection (2))—
(a)specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed;
(b)specifying the intervals to be allowed to children for meals and breaks, when in employment;
(c)about entitlement to leave;
(d)specifying other conditions to be met in relation to the employment of children.
(7)Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything—
(a)under the authority of a licence granted under this Part, or
(b)in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it.
(8)In this section—
“appropriate national authority” means—
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers;
“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 education (through attendance at school or otherwise) as required by section 7 of the Education Act 1996 or to their participation in work experience in accordance with section 560 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be);
“local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“specified”, in relation to regulations made under any provision of this section, means specified in the regulations;
“week” means any period of seven consecutive days;
“year” means a period of 12 months beginning with 1 January.
Full captured verbatim text
(1) Subject to the provisions of this section and of any byelaws made thereunder no child shall be employed— (a) so long as he is under the age of fourteen years; or (aa) to do any work other than light work or; (b) before the close of school hours on any day on which he is required to attend school; or (c) before seven o’clock in the morning or after seven o’clock in the evening or any day; or (d) for more than two hours on any day on which he is required to attend school; or (da) for more than twelve hours in any week in which he is required to attend school; or (e) for more than two hours on any Sunday; or (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) for more than eight hours or, if he is under the age of fifteen years, for more than five hours in any day— (i) on which he is not required to attend school, and (ii) which is not a Sunday; or (h) for more than thirty-five hours or, if he is under the age of fifteen years, for more than twenty-five hours in any week in which he is not required to attend school; or (i) for more than four hours in any day without a rest break of one hour; or (j) at any time in a year unless at that time he has had, or could still have, during a period in the year in which he is not required to attend school, at least two consecutive weeks without employment. (2) A local authority may make byelaws with respect to the employment of children, and any such byelaws may distinguish between children of different ages and sexes and between different localities, trades, occupations and circumstances, and may contain provisions— (a) authorising— (i) the employment on an occasional basis of children aged thirteen years(notwithstanding anything in paragragh (a) of the last foregoing subsection) by their parents or guardians in light agricultural or horticultural work. (ia) the employment of children aged thirteen years (notwithstanding anything in paragraph (a) of the last foregoing subsection) in categories of light work specified in the byelaw. (ii) the employment of children (notwithstanding anything in paragraph (b) of the last foregoing subsection) for not more than one hour before the commencement of school hours on any day on which they are required to attend school; (b) prohibiting absolutely the employment of children in any specified occupation; (c) prescribing— (i) the age below which children are not to be employed; (ii) the number of hours in each day, or in each week, for which, and the times of day at which, they may be employed; (iii) the intervals to be allowed to them for meals and rest; (iv) the holidays or half-holidays to be allowed to them; (v) any other conditions to be observed in relation to their employment; so, however, that no such byelaws shall modify the restrictions contained in the last foregoing subsection save in so far as is expressly permitted by paragraph (a) of this subsection, and any restriction contained in any such byelaws shall have effect in addition to the said restrictions. (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 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. (3) Nothing in this section, or in any byelaw made under this section, shall prevent a child from doing anything— (a) under the authority of a licence granted under this Part of this Act; or (b) in a case where by virtue of section 37(3) of the Children and Young Persons Act 1963 no licence under that section is required for him to do it. (1) A child may not be employed to work— (a) so long as the child is under the age of 14 (subject to regulations under subsection (2)); (b) to do any work other than light work; (c) to do work of a description specified in regulations made by the appropriate national authority; (d) before 7.00 a.m. or after 8.00 p.m. on any day; (e) on any day on which the child is required to attend school— (i) for more than one hour before the start of school hours, (ii) during school hours, or (iii) for more than two hours in total in the day; (f) for more than 12 hours in any week in which the child is required to attend school; (g) for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school; (h) for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school; (i) for more than four hours in any day without a break of one hour; (j) at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school. (2) The appropriate national authority may by regulations authorise the employment of children aged 13 to do specified descriptions of light work. (3) A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the appropriate national authority. (4) The appropriate national authority may by regulations— (a) make provision in relation to child employment permits; (b) provide that subsection (3) does not apply in specified cases or circumstances; (c) make provision about the keeping of records. (5) The provision that may be made in reliance on subsection (4)(a) includes provision— (a) authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application; (b) requiring a local authority to have regard to specified matters when determining an application; (c) for the grant of a child employment permit subject to conditions determined by a local authority; (d) requiring a child employment permit to contain specified information; (e) authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances; (f) about appeals against— (i) a decision to reject an application, or (ii) the revocation of a child employment permit; (g) imposing requirements on persons employing children (including requirements to produce child employment permits for inspection); (h) requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in England or Wales or to a local authority in Scotland. (6) The appropriate national authority may by regulations make provision (subject to subsection (1) and regulations under subsection (2))— (a) specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed; (b) specifying the intervals to be allowed to children for meals and breaks, when in employment; (c) about entitlement to leave; (d) specifying other conditions to be met in relation to the employment of children. (7) Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything— (a) under the authority of a licence granted under this Part, or (b) in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it. (8) In this section— “appropriate national authority” means— in relation to England, the Secretary of State; in relation to Wales, the Welsh Ministers; “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 education (through attendance at school or otherwise) as required by section 7 of the Education Act 1996 or to their participation in work experience in accordance with section 560 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be); “local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “specified”, in relation to regulations made under any provision of this section, means specified in the regulations; “week” means any period of seven consecutive days; “year” means a period of 12 months beginning with 1 January.