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Employment Rights Act 2025

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Change 1

What to do with it
As published

37 Guidance about the employment of children on heritage railways

(1) The Office of Rail and Road and the Health and Safety Executive, acting jointly, must, before the end of the relevant 12-month period, prepare and publish guidance setting out circumstances in which a child carrying out activities for the purposes of a heritage railway in Great Britain is, or is not, to be regarded as employed in an industrial undertaking for the purposes of section 1 of the Employment of Women, Young Persons and Children Act 1920 (restrictions on the employment of children in industrial undertakings). (2) The Office of Rail and Road and the Health and Safety Executive, acting jointly— (a) may from time to time revise guidance published under this section; (b) must publish any revisions of that guidance. (3) In this section— “heritage railway” means a railway which— is operated for the purposes of— preserving, recreating or simulating railways of the past, or demonstrating or operating historical or special types of motive power or rolling stock, and is exclusively or primarily used for recreational or educational purposes; “railway” includes a tramway; “the relevant 12-month period” means the period of 12 months beginning with the day on which this Act is passed.

Your change, as a redline

37 Guidance about the employment of children on heritage railways

(1) The Office of Rail and Road and the Health and Safety Executive, acting jointly, must, before the end of the relevant 12-month period, prepare and publish guidance setting out circumstances in which a child carrying out activities for the purposes of a heritage railway in Great Britain is, or is not, to be regarded as employed in an industrial undertaking for the purposes of section 1 of the Employment of Women, Young Persons and Children Act 1920 (restrictions on the employment of children in industrial undertakings). (2) The Office of Rail and Road and the Health and Safety Executive, acting jointly— (a) may from time to time revise guidance published under this section; (b) must publish any revisions of that guidance. (3) In this section— “heritage railway” means a railway which— is operated for the purposes of— preserving, recreating or simulating railways of the past, or demonstrating or operating historical or special types of motive power or rolling stock, and is exclusively or primarily used for recreational or educational purposes; “railway” includes a tramway; “the relevant 12-month period” means the period of 12 months beginning with the day on which this Act is passed.

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