Children and Young Persons Act 1933

Title and introductory text

Children and Young Persons Act 1933 1933 c.12 An Act to consolidate certain enactments relating to persons under the age of eighteen years. [13th April 1933]

1 Cruelty to persons under sixteen.

(1) If any person who has attained the age of sixteen years and has responsibility for any child or young person under that age, wilfully assaults, ill-treats (whether physically or otherwise), neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated (whether physically or otherwise), neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (whether the suffering or injury is of a physical or a psychological nature), that person shall be guilty of an offence, and shall be liable— (a) on conviction on indictment, to a fine ... or alternatively, ..., or in addition thereto, to imprisonment for any term not exceeding 14 years; (b) on summary conviction, to a fine not exceeding the prescribed sum, or alternatively, ..., or in addition thereto, to imprisonment for any term not exceeding six months. (2) For the purposes of this section— (a) a parent or other person legally liable to maintain a child or young person , or the legal guardian of a child or young person, shall be deemed to have neglected him in a manner likely to cause injury to his health if he has failed to provide adequate food, clothing, medical aid or lodging for him, or if, having been unable otherwise to provide such food, clothing, medical aid or lodging, he has failed to take steps to procure it to be provided under the enactments applicable in that behalf; (b) where it is proved that the death of an infant under three years of age was caused by suffocation (not being suffocation caused by disease or the presence of any foreign body in the throat or air passages of the infant) while the infant was in bed with some other person who has attained the age of sixteen years, that other person shall, if he was, when he went to bed or at any later time before the suffocation, under the influence of drink or a prohibited drug, be deemed to have neglected the infant in a manner likely to cause injury to its health. (2A) The reference in subsection (2)(b) to the infant being “in bed” with another (“the adult”) includes a reference to the infant lying next to the adult in or on any kind of furniture or surface being used by the adult for the purpose of sleeping (and the reference to the time when the adult “went to bed” is to be read accordingly). (2B) A drug is a prohibited drug for the purposes of subsection (2)(b) in relation to a person if the person's possession of the drug immediately before taking it constituted an offence under section 5(2) of the Misuse of Drugs Act 1971. (3) A person may be convicted of an offence under this section— (a) notwithstanding that actual suffering or injury to health, or the likelihood of actual suffering or injury to health, was obviated by the action of another person; (b) notwithstanding the death of the child or young person in question. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5),(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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3 Allowing persons under sixteen to be in brothels.

(1) If any person having responsibility for a child or young person who has attained the age of four years and is under the age of sixteen years, allows that child or young person to reside in or to frequent a brothel, he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale, or alternatively ... or in addition thereto, to imprisonment for any term not exceeding six months. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Causing or allowing persons under sixteen to be used for begging.

(1) If any person causes or procures any child or young person under the age of sixteen years or, having responsibility for such a child or young person, allows him to be in any street, premises, or place for the purpose of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing, playing, performing, offering anything for sale, or otherwise) he shall, on summary conviction, be liable to a fine not exceeding level 2 on the standard scale, or alternatively, . . . or in addition thereto, to imprisonment for any term not exceeding three months. (2) If a person having responsibility for a child or young person is charged with an offence under this section, and it is proved that the child or young person was in any street, premises, or place for any such purpose as aforesaid, and that the person charged allowed the child or young person to be in the street, premises, or place, he shall be presumed to have allowed him to be in the street, premises, or place for that purpose unless the contrary is proved. (3) If any person while singing, playing, performing or offering anything for sale in a street or public place has with him a child who has been lent or hired out to him, the child shall, for the purposes of this section, be deemed to be in that street or place for the purpose of inducing the giving of alms.

5 Giving intoxicating liquor to children under five.

If any person gives, or causes to be given, to any child under the age of five years any alcohol (within the meaning given by section 191 of the Licensing Act 2003, but disregarding subsection (1)(f) to (i) of that section), except upon the order of a duly qualified medical practitioner, or in case of sickness, apprehended sickness, or other urgent cause, he shall, on summary conviction, be liable to a fine not exceeding level 1 on the standard scale.

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7 Sale of tobacco, &c. to persons under eighteen.

(1) Any person who sells to a person ... under the age of eighteen years any tobacco or cigarette papers, whether for his own use or not, shall be liable, on summary conviction to a fine not exceeding level 4 on the standard scale. (1A) It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (2) If on complaint to a magistrates' court it is proved to the satisfaction of the court that any automatic machine for the sale of tobacco kept on any premises has been used by any person under the age of eighteen years, the court shall order the owner of the machine, or the person on whose premises the machine is kept, to take such precautions to prevent the machine being so used as may be specified in the order or, if necessary, to remove the machine, within such time as may be specified in the order, and if any person against whom such an order has been made fails to comply therewith, he shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale. (3) It shall be the duty of a constable and of a park-keeper being in uniform to seize any tobacco or cigarette papers in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place, and any tobacco or cigarette papers so seized shall be disposed of, if seized by a constable, in such manner as the local policing body may direct, and if seized by a park-keeper, in such manner as the authority or person by whom he was appointed may direct. (4) Nothing in this section shall make it an offence to sell tobacco or cigarette papers to, or shall authorise the seizure of tobacco or cigarette papers in the possession of, any person who is at the time employed by a manufacturer of or dealer in tobacco, either wholesale or retail, for the purposes of his business, or is a boy messenger in uniform in the employment of a messenger company and employed as such at the time. (5) For the purposes of this section the expression “tobacco” includes cigarettes any product containing tobacco and intended for oral or nasal use and smoking mixtures intended as a substitute for tobacco, and the expression “cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking.

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11 †Exposing children under seven to risk of burning.

If any person who has attained the age of sixteen years, having responsibility for any child under the age of twelve years, allows the child to be in any room containing an open fire grate or any heating appliance liable to cause injury to a person by contact therewith not sufficiently protected to guard against the risk of his being burnt or scalded without taking reasonable precautions against that risk, and by reason thereof the child is killed or suffers serious injury, he shall on summary conviction be liable to a fine not exceeding level 1 on the standard scale: Provided that neither this section, not any proceedings taken thereunder, shall affect any liability of any such person to be proceeded against by indictment for any indictable offence.

12 Failing to provide for safety of children at entertainments.

(1) Where there is provided in any building an entertainment for children, or an entertainment at which the majority of the persons attending are children, then, if the number of children attending the entertainment exceeds one hundred, it shall be the duty of the person providing the entertainment to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate, and to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof, and to take all other reasonable precautions for the safety of the children. (2) Where the occupier of a building permits, for hire or reward, the building to be used for the purpose of an entertainment, he shall take all reasonable steps to secure the observance of the provisions of this section. (3) If any person on whom any obligation is imposed by this section fails to fulfil that obligation, he shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale .... (4) A constable may enter any building in which he has reason to believe that such an entertainment as aforesaid is being, or is about to be, provided, with a view to seeing whether the provisions of this section are carried into effect, and an officer authorised for the purpose by an authority by whom licences are granted under any of the enactments referred to in the last foregoing subsection shall have the like power of entering any building so licensed by that authority. (5) The institution of proceedings under this section shall— (a) in the case of a building in respect of which a premises licence authorising the provision of regulated entertainment has effect, be the duty of the relevant licensing authority; (b) in any other case, be the duty of the chief officer of police. (5A) For the purposes of this section— (a) “premises licence” and “the provision of regulated entertainment” have the meaning given by the Licensing Act 2003, and (b) “the relevant licensing authority”, in relation to a building in respect of which a premises licence has effect, means the relevant licensing authority in relation to that building under section 12 of that Act. (6) This section shall not apply to any entertainment given in a private dwelling-house.

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14 Mode of charging offences and limitation of time.

(1) Where a person is charged with committing any of the offences mentioned in the First Schedule to this Act in respect of two or more children or young persons, the same information or summons may charge the offence in respect of all or any of them, but the person charged shall not, if he is summarily convicted, be liable to a separate penalty in respect of each child or young person except upon separate informations. (2) The same information or summons . . . may charge him with the offences of assault, ill-treatment, neglect, abandonment, or exposure, together or separately, and may charge him with committing all or any of those offences in a manner likely to cause unnecessary suffering or injury to health, alternatively or together, but when those offences are charged together the person charged shall not, if he is summarily convicted, be liable to a separate penalty for each. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) When any offence mentioned in the First Schedule to this Act charged against any person is a continuous offence, it shall not be necessary to specify in the information, summons, or indictment, the date of the acts constituting the offence.

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17 Interpretation of Part I.

(1) For the purposes of this Part of this Act, the following shall be presumed to have responsibility for a child or young person— (a) any person who— (i) has parental responsibility for him (within the meaning of the Children Act 1989); or (ii) is otherwise legally liable to maintain him; and (b) any person who has care of him. (2) A person who is presumed to be responsible for a child or young person by virtue of subsection (1)(a) shall not be taken to have ceased to be responsible for him by reason only that he does not have care of him.

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.

18A Regulations under section 18: further provision

(1) Regulations under section 18 may— (a) make different provision for different purposes or areas; (b) make provision subject to exceptions; (c) make transitional or saving provision. (2) Regulations under section 18 may provide for the processing of information in accordance with the regulations not to be in breach of— (a) any obligation of confidence owed by the person processing the information, or (b) any other restriction on the processing of information (however imposed). (3) Regulations under section 18 made by the Secretary of State are to be made by statutory instrument. (4) Regulations under section 18 made by the Welsh Ministers are to be made by Welsh statutory instrument. (5) A statutory instrument containing regulations made by the Secretary of State under section 18 is subject to annulment in pursuance of a resolution of either House of Parliament. (6) Regulations made by the Welsh Ministers under section 18 are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)). (7) In this section “processing” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

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20 Street trading.

(1) Subject to subsection (2) of this section, no child shall engage or be employed in street trading. (2) A local authority may make byelaws authorising children who have attained the age of fourteen years to be employed by their parents in street trading to such extent as may be specified in the byelaws, and for regulating street trading under the byelaws by persons who are so authorised to be employed in such trading; and byelaws so made may distinguish between persons of different ages and sexes and between different localities, and may contain provisions— (a) forbidding any such person to engage or be employed in street trading unless he holds a licence granted by the authority, and regulating the conditions on which such licences may be granted, suspended, and revoked; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) requiring such persons so engaged or employed to wear badges; (d) regulating in any other respect the conduct of such persons while so engaged or employed. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Byelaws made under subsection (2) shall contain provisions determining the days and hours during which, and the places at which, such persons may engage or be employed in street trading.

21 Penalties and legal proceedings in respect of general provisions as to employment.

(1) If a person is employed in contravention of any of the foregoing provisions of this Part of this Act, or of the provisions of any byelaw or regulations made thereunder, the employer and any person (other than the person employed) to whose act or default the contravention is attributable shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale: Provided that, if proceedings are brought against the employer, the employer, upon information duly laid by him and on giving to the prosecution not less than three days’ notice of his intention, shall be entitled to have any person (other than the person employed) to whose act or default he alleges that the contravention was due, brought before the court as a party to the proceedings, and if, after the contravention has been proved, the employer proves to the satisfaction of the court that the contravention was due to the act or default of the said other person, that person may be convicted of the offence; and if the employer further proves to the satisfaction of the court that he has used all due diligence to secure that the provisions in question should be complied with, he shall be acquitted of the offence. (2) Where an employer seeks to avail himself of the proviso to the last foregoing subsection, (a) the prosecution shall have the right to cross-examine him, if he gives evidence, and any witness called by him in support of his charge against the other person, and to call rebutting evidence; and (b) the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto. (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 (3) A child, who engages in street trading in contravention of the provisions of the last foregoing section, or of any byelaw made thereunder, shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

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23 Prohibition against persons under sixteen taking part in performances endangering life or limb.

No person under the age of sixteen years, and no child aged sixteen years,shall take part in any performance to which section 37(2) of the Children and Young Persons Act 1963 applies and in which his life or limbs are endangered and every person who causes or procures such a person or child, or being his parent or guardian allows him, to take part in such a performance, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale: Provided that no proceedings shall be taken under this subsection except by or with the authority of a chief officer of police.

24 Restrictions on training for performances of a dangerous nature.

(1) No child under the age of twelve years shall be trained to take part in performances of a dangerous nature, and no child who has attained that age shall be trained to take part in such performances except under and in accordance with the terms of a licence granted and in force under this section; and every person who causes or procures a person, or being his parent or guardian allows him, to be trained to take part in performances of a dangerous nature in contravention of this section, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (2) A local authority may grant a licence for a child who has attained the age of twelve years to be trained to take part in performances of a dangerous nature. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A licence under this section shall specify the place or places at which the person is to be trained and shall embody such conditions as are, in the opinion of the authority, necessary for his protection, but a licence shall not be refused if the authority is satisfied that the person is fit and willing to be trained and that proper provision has been made to secure his health and kind treatment. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25 Restrictions on persons under eighteen going abroad for the purpose of performing for profit.

(1) No person having responsibility for any child shall allow him, nor shall any person cause or procure any child, to go abroad(a) for the purpose of singing, playing performing, or being exhibited, for profit, 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, unless . . . a licence has been granted in respect of him under this section: Provided that this subsection shall not apply in any case where it is proved that the child was only temporarily resident within the United Kingdom. (2) A justice of the peace may grant a licence in such form as the Secretary of State may prescribe, and subject to such restrictions and conditions as the justice of the peace thinks fit, for any child who has attained the age of fourteen years to go abroad for any purpose referred to in subsection (1) of this section, but no such license shall be granted in respect of any person unless the justice of the peace is satisfied— (a) that the application for the licence is made by or with the consent of his parent or guardian; (b) that he is going abroad to fulfil a particular engagement; (c) that he is fit for the purpose, and that proper provision has been made to secure his health, kind treatment, and adequate supervision while abroad, and his return from abroad at the expiration or revocation of the licence; (d) that there has been furnished to him a copy of the contract of employment or other document showing the terms and conditions of employment drawn up in a language understood by him. (3) A person applying for a licence under this section, shall, at least seven days before making the application, give to the chief officer of police for the district in which the person resides to whom the application relates, notice of the intended application together with a copy of the contract of employment or other document showing the terms and conditions of employment, and the chief officer of police send that copy to a justice of the peace and may make a report in writing on the case to him or may appear, or instruct some person to appear, before him and show cause why the licence should not be granted, and the justice of the peace shall not grant the licence unless he is satisfied that notice has been properly so given: Provided that if it appears that the notice was given less than seven days before the making of the application, the justice of the peace may nevertheless grant a licence if he is satisfied that the officer to whom the notice was given has made sufficient enquiry into the facts of the case and does not desire to oppose the application. (4) A licence under this section shall not be granted for more than three months but may be renewed by a justice of the peace from time to time for a like period, so, however, that no such renewal shall be granted, unless the justice of the peace— (a) is satisfied by a report of a British consular officer or other trustworthy person that the conditions are being complied with; (b) is satisfied that the application for renewal is made by or with the consent of the parent or guardian of the person to whom the licence relates. (5) A justice of the peace— (a) may vary a licence granted under this section and may at any time revoke such a licence for any cause which he, in his discretion, considers sufficient: (b) need not, when renewing or varying a licence granted under this section, require the attendance before him of the person to whom the licence relates. (6) The justice of the peace to whom application is made for the grant, renewal or variation of a licence shall, unless he is satisfied that in the circumstances it is unnecessary, require the applicant to give such security as he may think fit (either by entering into a recognisance with or without sureties or otherwise) for the observance of the restrictions and conditions in the licence or in the licence as varied, and the recognisance may be enforced in like manner as a recognisance for the doing of some matter or thing required to be done in a proceeding before a relevant court is enforceable. (7) If any case where a licence has been granted under this section, it is proved to the satisfaction of a justice of the peace that by reason of exceptional circumstances it is not in the interests of the person to whom the licence relates to require him to return from abroad at the expiration of the licence, then, notwithstanding anything in this section or any restriction or condition attached to the licence, the justice of the peace may by order release all persons concerned from any obligation to cause that person to return from abroad. (8) Where a licence is granted, renewed or varied under this section, the justice of the peace shall send the prescribed particulars to the Secretary of State for transmission to the proper consular officer, and every consular officer shall register the particulars so transmitted to him and perform such other duties in relation thereto as the Secretary of State may direct. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) This and the next following section extend to Scotland and to Northern Ireland. (11) In this section “the relevant court”— (a) in relation to England and Wales, means a magistrates' court; (b) in relation to Scotland, means a sheriff court; (c) in relation to Northern Ireland, means a court of summary jurisdiction.

26 Punishment of contraventions of last foregoing section and proceedings with respect thereto.

(1) If any person acts in contravention of the provisions of subsection (1) of the last foregoing section he shall be guilty of an offence under this section and be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale, or, alternatively, , . . . or in addition thereto, to imprisonment for any term not exceeding three months: Provided that if he procured the child in question to go abroad by means of any false pretence or false representation, he shall be liable on conviction on indictment to imprisonment for any term not exceeding two years. (2) Where, in proceedings under this section against a person, it is proved that he caused, procured, or allowed a child to go abroad and that (a) that child has while abroad been singing, playing, performing, or being exhibited, for profit, 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, the defendant shall be presumed to have caused, procured, or allowed him to go abroad for that purpose, unless the contrary is proved: Provided that where the contrary is proved, the court may order the defendant to take such steps as the court directs to secure the return of the child to the United Kingdom, or to enter into a recognisance to make such provision as the court may direct to secure his health, kind treatment, and adequate supervision while abroad, and his return to the United Kingdom at the expiration of such period as the court may think fit. (3) Proceedings in respect of an offence under this section or for enforcing a recognisance under this or the last foregoing section may be instituted at any time within a period of three months from the first discovery by the person taking the proceedings of the commission of the offence or, as the case may be, the non-observance, of the restrictions and conditions contained in the licence, or, if at the expiration of that period the person against whom it is proposed to institute the proceedings is outside the United Kingdom, at any time within six months after his return to the United Kingdom. (4) In any such proceedings as aforesaid, a report of any British consular officer and any deposition made on oath before a British consular officer and authenticated by the signature of that officer, respecting the observance or non-observance of any of the conditions or restrictions contained in a licence granted under the last foregoing section shall, upon proof that the consular officer, or deponent, cannot be found in the United Kingdom, be admissible in evidence, and it shall not be necessary to prove the signature or official character of the person appearing to have signed any such report or deposition. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27 Byelaws.

(1) A byelaw made under this Part of this Act shall not have effect until confirmed by the Secretary of State and shall not be so confirmed until at least thirty days after the local authority have published it in such manner as the Secretary of State directs. (2) Before confirming such a byelaw the Secretary of State shall consider any objections thereto which may be addressed to him by persons affected or likely to be affected thereby, and may order a local enquiry to be held, and where such an enquiry is held, the person holding it shall receive such remuneration as the Secretary of State determines, and that remuneration and the expenses of the enquiry shall be paid by the local authority. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Powers of entry.

(1) If it is made to appear to a justice of the peace by the local authority, or by any constable, that there is reasonable cause to believe that the provisions of this Part of this Act, other than those relating to employment abroad, or of a byelaw or regulations made under the said provisions, are being contravened with respect to any person, the justice may by order under his hand addressed to an officer of the local authority, or to a constable, empower him to enter, at any reasonable time within forty-eight hours of the making of the order, any place in or in connection with which the person in question is, or is believed to be, employed, or as the case may be, in which he is, or is believed to be, taking part in a performance, being trained, taking part in a sport, or working as a model, and to make enquiries therein with respect to that person. (2) Any authorised officer of the said authority or any constable may— (a) at any time enter any place used as a broadcasting studio ... or film studio or used for the recording of a performance with a view to its use in a programme service or in a film intended for public exhibition and make inquiries therein as to any children taking part in performances to which subsection (2) of section 37 of the Children and Young Persons Act 1963 applies; (b) at any time during the currency of a licence granted under the said section 37 or under the provisions of this Part of this Act relating to training for dangerous performances enter any place (whether or not it is such a place as is mentioned in paragraph (a) of this subsection) where the person to whom the licence relates is authorised by the licence to do anything or to be trained, and may make inquiries therein with respect to that person. (3) Any person who obstructs any officer or constable in the due exercise of any powers conferred on him by or under this section, or who refuses to answer or answers falsely any enquiry authorised by or under this section to be made, shall be liable on summary conviction in respect of each offence to a fine not exceeding level 2 on the standard scale. (4) In this section— “broadcasting studio” means a studio used in connection with the provision of a programme service; “programme service” has the same meaning as in the Broadcasting Act 1990.

29 Savings.

(1),(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The said provisions shall be in addition to and not in substitution for any enactments relating to employment in factories, workshops, mines and quarries, or for giving effect to any international convention regulating employment.

30 Interpretation of Part II.

(1) For the purposes of this Part of this Act and of any byelaws or regulations made thereunder— The expression “child” means— in relation to England and Wales, a person who is not over compulsory school age (construed in accordance with section 8 of the Education Act 1996) in relation to Scotland, a person who is not for the purposes of the Education (Scotland) Act 1980 over school age; and in relation to Northern Ireland, a person who is not for the purposes of the Education and Libraries (Northern Ireland) Order 1986 over compulsory school age; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The expression “performance of a dangerous nature” includes all acrobatic performances and all performances as a contortionist; The expression “street trading” includes the hawking of newspapers, matches, flowers and other articles, playing, singing or performing for profit, shoe-blacking and other like occupations carried on in streets or public places; A person who assists in a trade or occupation carried on for profit shall be deemed to be employed notwithstanding that he receives no reward for his labour; A chorister taking part in a religious service or in a choir practice for a religious service shall not, whether he receives any reward or not, be deemed to be employed; and The expression “abroad” means outside Great Britain and Ireland. (2) This section, so far as it has effect for the purposes of sections 25 and 26 of this Act, extends to Scotland and to Northern Ireland.

31 Separation of children and young persons from adults in police stations, courts, &c.

Arrangements shall be made for preventing a child or young person while detained in a police station, or while being conveyed to or from any criminal court, or while awaiting before or after attendance in any criminal court, from associating with an adult (not being a relative) who is charged with any offence other than an offence with which the child or young person is jointly charged, and for ensuring that a girl (being a child or young person) shall while so detained, being conveyed, or waiting, be under the care of a woman.

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34 Attendance at court of parent of child or young person charged with an offence, &c.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Where a child or young person is in police detention, such steps as are practicable shall be taken to ascertain the identity of a person responsible for his welfare. (3) If it is practicable to ascertain the identity of a person responsible for the welfare of the child or young person, that person shall be informed, unless it is not practicable to do so— (a) that the child or young person has been arrested; (b) why he has been arrested; and (c) where he is being detained. (4) Where information falls to be given under subsection (3) above, it shall be given as soon as it is practicable to do so. (5) For the purposes of this section the persons who may be responsible for the welfare of a child or young person are— (a) his parent or guardian; or (b) any other person who has for the time being assumed responsibility for his welfare. (6) If it is practicable to give a person responsible for the welfare of the child or young person the information required by subsection (3) above, that person shall be given it as soon as it is practicable to do so. (7) If it appears that at the time of his arrest a supervision order, as defined in. . . Part IV of the Children Act 1989, is in force in respect of him, the person responsible for his supervision shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so. (7A) If it appears that at the time of his arrest the child or young person is being provided with accommodation by or on behalf of a local authority under section 20 of the Children Act 1989 or section 76 of the Social Services and Well-being (Wales) Act 2014, the local authority shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so. (7B) If it appears that at the time of his arrest a youth rehabilitation order, as defined in section 173 of the Sentencing Code, is in force in respect of him, the responsible officer, as defined in section 191 of that Code, shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so. (8) The reference to a parent or guardian in subsection (5) above is — . . . in the case of a child or young person in the care of a local authority, a reference to that authority; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) The rights conferred on a child or young person by subsections (2) to (8) above are in addition to his rights under section 56 of the Police and Criminal Evidence Act 1984. (10) The reference in subsection (2) above to a child or young person who is in police detention includes a reference to a child or young person who has been detained under the terrorism provisions; and in subsection (3) above “arrest” includes such detention. (11) In subsection (10) above “the terrorism provisions” has the meaning assigned to it by section 65 of the Police and Criminal Evidence Act 1984 (12) The reference in subsection (2) to a child or young person who is in police detention includes a reference to a child or young person who has been detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; and in subsection (3) “arrest” includes such detention.

34A Attendance at court of parent or guardian.

(1) Where a child or young person is charged with an offence or is for any other reason brought before a court, the court— (a) may in any case; and (b) shall in the case of a child or a young person who is under the age of sixteen years, require a person who is a parent or guardian of his to attend at the court during all the stages of the proceedings, unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case. (2) In relation to a child or young person for whom a local authority have parental responsibility and who— (a) is in their care; or (b) is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which are social service functions within the meaning of the Local Authority Social Services Act 1970 or the Social Services and Well-being (Wales) Act 2014, the reference in subsection (1) above to a person who is a parent or guardian of his shall be construed as a reference to that authority or, where he is allowed to live with such a person, as including such a reference. In this subsection “local authority” and “parental responsibility” have the same meanings as in the Children Act 1989.

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36 Prohibition against children being present in court during the trial of other persons.

No child (other than an infant in arms) shall be permitted to be present in court during the trial of any other person charged with an offence, or during any proceedings preliminary thereto, except during such time as his presence is required as a witness or otherwise for the purposes of justice or while the court consents to his presence; and any child present in court when under this section he is not to be permitted to be so shall be ordered to be removed: . . .

37 Power to clear court while child or young person is giving evidence in certain cases.

(1) Where, in any proceedings in relation to an offence against, or any conduct contrary to, decency or morality, a person who, in the opinion of the court, is a child or young person is called as a witness, the court may direct that all or any persons, not being members or officers of the court or parties to the case, their legal representatives, or persons otherwise directly concerned in the case, be excluded from the court during the taking of the evidence of that witness: Provided that nothing in this section shall authorise the exclusion of bonâ fide representatives of a newspaper or news agency. (2) The powers conferred on a court by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camerâ.