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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 43

Restrictions on training for performances of a dangerous nature.

43.(1) No person under the age of twelve shall be trained to take part in
performances of a dangerous nature, and no person under the age of sixteen
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.

(2) A licence for a person who has attained the age of twelve but is under the
age of sixteen to be trained to take part in performances of a dangerous
nature may be granted by the local education authority in whose area the he
resides or in whose area place or any of the places at which he is to be
trained is situate.

(3) 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 local education authority, necessary for his protection, but a
licence shall not be refused if the authority are 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.

(4) The local education authority by whom such a licence was granted may vary
or revoke the licence if any condition subject to which it was granted is not
observed or if it appears to them that the person to whom the licence relates
is no longer fit and willing to be trained or that proper provision is no
longer being made to secure his health and kind treatment, but shall, before
doing so, give to the holder of the licence such notice, if any, of their
intentions as may be practicable in the circumstances.

(5) Where an authority refuse an application for such a licence or revoke or
vary such a licence, or in granting such a licence impose any conditions
otherwise that with the consent of the applicant,

(a)they shall serve a notice on the applicant or, as the case may be, the
holder of the licence stating their grounds for doing so; and

(b)the applicant or holder may, by notice under Part VIII of the Magistrates'
Courts Act (Northern Ireland) 1964, appeal to a court of summary jurisdiction
against the refusal, revocation or variation, and against any condition
subject to which the licence is granted; and

(c)the notice mentioned in paragraph (a) shall contain a statement notifying
the person on whom it is served of his right of appeal under paragraph (b) and
of the period within which, by virtue of magistrates' courts rules, the appeal
may be brought.

(6) If any person

(a)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 subsection (1); or

(b)fails to observe any condition subject to which a licence under this
section is granted; or

(c)in or in connection with an application for such a licence knowingly or
recklessly makes any statement which is false in a material particular or in a
material respect misleading; or

(d)fraudulently alters or uses, or permits to be fraudulently altered or used,
any such licence;

Procedure as to making and approval of byelaws of local education authority.



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© 1968 Crown Copyright

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