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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 41

Supplementary provisions as to licences under section 40.

41.(1) A licence under section 40 may be varied on the application of the
person holding it by the local education authority by whom it was granted or
by any local education authority in whose area the performance or one of the
performances to which it relates takes place.

(2) The local education authority by whom such a licence was granted, and any
local education authority in whose area the performance or one of the
performances to which it relates takes place, may vary or revoke the licence
if any condition subject to which it was granted is not observed or they are
not satisfied as to the matters mentioned in section 40(4), 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.

(3) Where a local education authority grant such a licence authorising a
person under the age of sixteen to take part in a performance in the area of
another local education authority they shall send to that other authority such
particulars as may be prescribed; and where a local education authority vary
or revoke such a licence which was granted by, or relates to a performance in
the area of, another local education authority, they shall inform that other
authority.

(4) A local education authority proposing to vary or revoke such a licence
granted by another local education authority shall, if practicable, consult
that other authority.

(5) The holder of such a licence shall keep such records as may be prescribed,
and shall on request at any time not later than six months after the
performance or last performance to which the licence relates produce the
records to an officer of the authority who granted, or any authority who
varied, the licence.

(6) Where a local education authority refuse an application for a licence
under section 40 or revoke or, otherwise than on the application of the
holder, vary such a licence, or in granting such a licence or in giving any
approval under subsection (5)(a) of that section impose any conditions
otherwise than with the consent of the applicant or holder,

(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 or any approval is given, not being a
condition which the local education authority are required to impose; 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.

(7) If any person

(a)causes or procures any person under the age of sixteen or, being his parent
or guardian, allows him, to take part in any performance in contravention of
section 40; or

(b)fails to observe any condition subject to which a licence under section 40
is granted, or any condition prescribed under subsection (3) of that section;
or

(c)in or in connection with an application for a licence under section 40 or
for the variation of such a licence under subsection (1), 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 licence granted under section 40 or any record which he is required to
keep under subsection (5); or

(e)fails to keep or produce any record which he is required to keep or produce
under subsection (5);

(8) The court by which the holder or one of the holders of a licence under
section 40 is sentenced for an offence under subsection (7) may revoke the
licence.

(9) In any proceedings for an offence under subsection (7) alleged to have
been committed by causing, procuring or allowing a person to take part in a
performance without a licence in contravention of section 40 it shall be a
defence to prove that the accused believed that the condition specified in
subsection (3)(a) of that section was satisfied and that he had reasonable
grounds for that belief.

© 1968 Crown Copyright

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