Regulation 35 Other exceptions relating to young workers

(1)

Regulation 6 does not apply in relation to a young worker where—

(a)

the employer requires the young worker to undertake work which is necessary either to maintain continuity of service or production or to respond to a surge in demand for a service or product;

(b)

no adult worker is available to perform the work; and

(c)

performing the work would not adversely affect the young worker’s education or training.

(2)

Regulation 8 does not apply in relation to a young worker employed—

(a)

in a hospital or similar establishment, or

(b)

in connection with cultural, artistic, sporting or advertising activities,

in the circumstances referred to in paragraph (1).

(3)

Regulation 8 does not apply, except in so far as it prohibits work between midnight and 4 a.m., in relation to a young worker employed in—

(a)

agriculture;

(b)

retail trading;

(c)

postal or newspaper deliveries;

(d)

a catering business;

(e)

a hotel, public house, restaurant, bar or similar establishment; or

(f)

a bakery,

in the circumstances referred to in paragraph (1).

(4)

Where the application of regulation 8 is excluded by paragraph (2) or (3), and a young worker is accordingly required to work during a period which would otherwise be a rest period or rest break—

(a)

the young worker shall be supervised by an adult worker where such supervision is necessary for the young worker’s protection; and

(b)

the young worker shall be allowed an equivalent period of compensatory rest.