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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 40

40.(1) Subject to the provisions of this section, a person under the age of
sixteen shall not take part in a performance to which this section applies
except under the authority of a licence granted by the
local education authority in whose area he resides or, if he does not reside
in Northern Ireland, by the local education authority in whose area the
applicant or one of the applicants for the licence resides or has his place of
business.

(2) This section applies to

(a)any performance in connection with which a charge is made (whether for
admission or otherwise);

(b)any performance in licensed premises within the meaning of the Licensing
Acts (Northern Ireland), or in any premises in respect of which a club is
registered under the Registration of Clubs Act (Northern Ireland) 1967;

(c)any broadcast performance;

(d)any performance recorded (by whatever means) with a view to its use in a
broadcast or in a film intended for public exhibition;

(3) A licence under this section shall not be required for any person under
the age of sixteen to take part in a performance to which this section applies
if

(a)in the six months preceding the performance he has not taken part in other
performances to which this section applies on more than three days; or

(b)the performance is given under arrangements made by a school or made by a
body of persons approved for the purposes of this section by the Ministry or
by the local education authority in whose area the performance takes place,
and no payment in respect of the person's taking part in the performance is
made, whether to him or to any other person, except for defraying expenses;

(4) The power to grant licences under this section shall be exercisable
subject to such restrictions and conditions as the Ministry may prescribe, and
a local education authority shall not grant a licence for a person under the
age of sixteen to take part in a performance or series of performances unless
they are satisfied that he is fit to do so, that proper provision has been
made to secure his health and kind treatment and that, having regard to such
provision, if any, as has been or will be made therefor, his education will
not suffer; but if they are so satisfied, in the case of an application duly
made for a licence under this section which they have power to grant, they
shall not refuse to grant the licence.

(5) The Ministry may prescribe, among the conditions subject to which a
licence under this section is to be granted,

(a)conditions requiring the approval of a local education authority (and may
provide for that approval to be given subject to conditions imposed by the
authority);

(b)a condition requiring sums earned by the person in respect of whom the
licence is granted in taking part in a performance to which the licence
relates to be

(i)paid into the county court and, subject to county court rules, applied or
otherwise dealt with for the benefit of that person in such manner as the
county court may direct, or

(ii)to be applied or otherwise dealt with in a manner approved by the
local education authority.

(6) A licence under this section shall specify the times, if any, during which
the person in respect of whom it is granted may be absent from school for the
purposes authorised by the licence; and for the purposes of determining
whether, under [Article 35 of and Schedule 9 to the Education and Libraries
(Northern Ireland) Order 1972], a registered pupil of a school has failed to
attend regularly at the school, his absence at such times shall be
disregarded.

(7) A licence under this section in respect of a child who is under the age
which is two years below that at which children cease to be of
compulsory school age shall not be granted unless

(a)the licence is for acting and the application therefor is accompanied by a
declaration that the part he is to act cannot be taken except by a child of
about his age; or

(b)the licence is for dancing in a ballet which does not form part of an
entertainment of which anything other than ballet or opera forms part and the
application for the licence is accompanied by a declaration that the part he
is to dance cannot be taken except by a child of about his age; or

(c)the nature of his part in the performance is wholly or mainly musical and
either the nature of the performance is also wholly or mainly musical or the
performance consists only of opera or ballet.

© 1968 Crown Copyright

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