Children and Young Persons Act 1933

General Provisions as to Employment E+W

18 Restrictions on employment of children. E+W

(1) Subject to the provisions of this section and of any byelaws made thereunder no child shall be employed—

[F1 (a) so long as he is under the age of thirteen years]; or

(b) before the close of school hours on any day on which he is required to attend school; or

[F2 (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

(e) for more than two hours on any Sunday; or

[F3 (f) to lift, carry or move anything so heavy as to be likely to cause injury to him.]

(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—

[F4 (i) the employment of children under the age of thirteen years (notwithstanding anything in paragragh (a) of the last foregoing subsection) by their parents or guardians in light agricultural or horticultural work.]

(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.

[F5 (3) Nothing in this section, or in any byelaw made under this section, shall prevent a child from taking part in a performance—

(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 M1 Children and Young Persons Act 1963 no licence under that section is required for him to take part in the performance.]

Textual Amendments

F1 S. 18(1)(a) substituted by Children Act 1972 (c. 44), s. 1(2)

F2 S. 18(1)(c) substituted by Children and Young Persons Act 1963 (c. 37), s. 34

F3 S. 18(1)(f) repealed with specified exceptions (1.1.1993) by S.I. 1992/2793, art. 8, Sch. 2, Pt. I

F4 S. 18(2)(a)(i) substituted by Children Act 1972 (c. 44), s. 1(2)

F5 S. 18(3) substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 4

Marginal Citations

M1 1963 c. 37.

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 S. 19 repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 10(1)(a), 29(4), Sch. 3 Pt. I, Sch. 7 Pt. II

20 Street trading. E+W

[F7 (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 [F8 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) determining the days and hours during which, and the places at which, such persons may engage or be employed in street trading;

(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.

F9 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 S. 20(1) substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 2(a)

F8 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 2(b)

F9 S. 20(3) repealed (26.8.1994) by 1994 (c. 20), ss. 4, 5(2), Sch. 4 para. 24, Sch.5); S.I. 1994/1841, art. 2

Modifications etc. (not altering text)

C1 S. 20 restricted by Children and Young Persons Act 1963 (c. 37), s. 35(2)

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

(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 [F10 or regulation] 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 [F11 twenty pounds][F12 £50] or, in the case of a second or subsequent offence, not exceeding [F11 fifty pounds][F13 £100]:

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.

(3) A [F14 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 [F15 ten pounds], or in the case of a second or subsequent offence, not exceeding [F15 twenty pounds].

Textual Amendments

F10 Words inserted (prosp.) by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 2(a)

F11 Words substituted by Children and Young Persons Act 1963 (c. 37), s. 36(a) in relation to offences committed after 3.3.1969

F12 Words “£50” substituted (prosp.) for words “twenty pounds” by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 2(b)

F13 Words “£100” substituted (prosp.) for words “fifty pounds” by Employment of Children Act 1973 (c. 24), s. 3(4), Sch. 1 Pt. I para. 2(b)

F14 Word substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 3

F15 Words substituted by Children and Young Persons Act 1963 (c. 37, s. 36(b) in relation to offences committed after 3.3.1969

Modifications etc. (not altering text)

C2 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

C3 S. 21(1) extended by Employment of Women, Young Persons, and Children Act 1920 (c. 65, SIF 43:4), s. 1(6)(a) as substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 1(a)

C4 S. 21(2) extended by Employment of Women, Young Persons, and Children Act 1920 (c. 65, SIF 43:4), s. 1(6)(a) as substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 1(a)