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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 39

Offences and penalties under sections 37 and 38.

39.(1) If any person employs a child or young person in contravention of the
foregoing provisions of this Part, or of any byelaw made thereunder, the
employer and any person (other than the person employed) to whose act or
default the contravention is attributable shall be guilty of an offence and
shall be liable on summary conviction to a fine not exceeding fifty pounds.

(2) If any person under the age of eighteen engages in street trading in
contravention of the provisions of section 38 or of any byelaw made
thereunder, he shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding twenty pounds.

(3) Where a person is charged with the commission of an offence under
subsection (1) and it is proved

(a)that the commission of the offence was due to an act or default of some
other person; and

(b)that the person charged took all reasonable precautions and exercised all
due diligence to avoid the commission of the offence by him or any person
under his control,

(4) The person charged as described in subsection (3) shall not be entitled to
be acquitted under that subsection unless not more than fourteen days after
the date of the service of the summons on him nor less than seven clear days
before the date of the hearing he has given notice in writing to the
complainant of his intention to rely on the provisions of that subsection,
specifying the name and address of the person to whose act or default he
alleges the commission of the offence was due, and has sent a like notice to
that person; and that person shall be entitled to appear at the hearing and to
give evidence.

(5) Where the commission by any person of an offence under subsection (1) is
due to an act or default of some other person, that other person may be
charged with and convicted of the offence, whether or not proceedings are
taken against the first-mentioned person.

Restriction on persons under sixteen taking part in public performances, etc.

© 1968 Crown Copyright

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