Explanatory note

These Regulations make provision in relation to applications made to local authorities in Scotland for, and the conditions and restrictions that apply to, licences for performances and activities granted under section 37 of the Children and Young Persons Act 1963 (“the 1963 Act”). The conditions prescribed in Part 5 also apply to performances for which a licence is not required by reason of section 37(3)(a) of the 1963 Act.

These Regulations replace the Children (Performances) Regulations 1968 (S.I. 1968/1728) in so far as they extend to Scotland. Part 8 (regulation 32) revokes those Regulations and a relevant amending instrument in so far as they extend to Scotland.

Part 1 makes general provision as to citation, commencement, extent, application and interpretation.

Part 2 and Schedules 1 to 3 make provision in relation to applications for, and the grant and form of, licences and the keeping of records by the licence holder.

Part 3 provides for a restriction on the grant of a performance licence. Regulation 10 prohibits the grant of a licence if the child has taken part in performances on more than a specified number of days during the previous year.

Part 4 makes provision for certain restrictions and conditions applying to all licences, for performances and activities. They concern the wellbeing of the child, such as in relation to education (regulation 12), chaperones (regulation 14) and accommodation (regulation 15).

Part 5 makes provision for certain conditions applying to all performances (i.e. those that require a licence and also all those for which a licence is not required). Regulations 19 to 21 provide for age specific conditions in relation to working hours, rest and meal breaks.

Part 6 makes provision for certain restrictions and conditions applying to all licences for performances. These include restrictions on the maximum number of days a week a child may take part in performances or rehearsals (regulation 26) and relating to night-work (regulation 28).

Part 7 and Schedule 4 make provision in relation to licences to perform and participate in activities abroad granted under section 25 of the Children and Young Persons Act 1933.

A partial Business and Regulatory Impact Assessment has been prepared. Copies can be obtained from the Scottish Government Directorate for Children and Families, Victoria Quay, Edinburgh, EH6 6QQ.