Section 37 Interpretation of Part III.
For the purposes of the foregoing provisions of this Part of this Act and of any byelaws F1or regulations made thereunder—
The expression “child” means a person who is not for the purposes of the M1Education (Scotland) Act 1980 over school age;
The expression “performance of a dangerous nature” includes all acrobatic performances and all performances as a contortionist;
The expression “street trading” includes the hawking of newspapers, matches, flowers and other articles, playing, singing or performing for profit, shoe-blacking and other like occupations carried on in streets or public places;
Any reference to a day on which a child is under obligation to attend school shall be construed as a reference to a day upon which a meeting of the school he is attending is held;
A person who assists in a trade or occupation carried on for profit shall be deemed to be be employed notwithstanding that he receives no reward for his labour; and
A chorister taking part in a religious service or in a choir practice for a religious service shall not, whether he receives any reward or not, be deemed to be employed;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations
Textual amendments
- F1
Words in s. 37 inserted (29.4.2026 for specified purposes) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 29(6), 78(1)(a)(4)
- F2
S. 37(a) inserted by Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt. III para. 13
- F3
S. 37(d) substituted by Education (Scotland) Act 1949 (c. 19), Sch. Pt. II (which was repealed by Education (Scotland) Act 1962 (c. 47), Sch. 8)
- F4
S. 37(g) repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5
Marginal citations
- M1
1980 c.44 (41:2).
Notes on the whole Act
Textual amendments
- F1
Act repealed in so far as it extends to Isle of Man (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 11(5)
Notes on Part III
Modifications
- C1
Pt III amended by Education (Scotland) Act 1962 (c. 47), s. 139; extended by Children and Young Persons Act 1963 (c. 37), s. 44(2)