Child Performance
For compulsory school age children and
younger
The rules governing Children in Entertainment covers
children who take part in 'performances', including all broadcast
performances, child photography or modelling. Any child engaged in
these occupations must have a licence issued by the Local
Authority.
Application for a licence must be signed by the parents and
accompanied by a photograph. The Local Authority must be satisfied
that arrangements for the supervision and protection of the child
are adequate, and that the disruption to the child's education is
kept to a minimum.
The legislation which demands this licensing is as follows:The
Children and Young Persons Acts 1933 and 1963 The Children
(performances) Regulations 1968.
Key issues covered by the regulations are:
- is the child/young person
below minimum school leaving age?
- do they reside in
Bedfordshire?
- is there a charge made for
admission?
- is it within licensed
premises?
- is it broadcast on T.V
?
- is it intended for
filming?
- is the child/young person fit
to take part?
- education; consultation with
Headteacher if in school time
- is the activity
safe?
No licence is required under the following
circumstances:
- no payment made to child and
they have not taken part in performances in the previous 6 months
on more than 3 days
- no payment made to child and
performance arranged by school
- no payment made to child and
performance exempted by Secretary of State e.g. Scout Gang
Shows.
Whether your child will need a licence is explained
below
|
Paid/
Unpaid Work
|
Type of Work
|
Absence from
school?
|
Length of
Performance
|
Medical
Required?
|
Licence
Required?
|
|
Paid
|
TV or Filming
|
Yes
|
Any period of time
|
Yes - unless one provided within previous 6 months
|
Yes
|
|
Paid
|
TV or Filming
|
No
|
Any period of time
|
Yes - unless one provided within previous 6 months
|
Yes
|
|
Paid
|
Theatre, Sporting Activity or Modelling
|
Yes
|
Any period of time
|
No
|
Yes
|
|
Paid
|
Theatre, Sporting Activity or Modelling
|
No
|
Any period of time
|
No
|
Yes
|
|
Unpaid
|
TV or Filming
|
Yes
|
Any period of time
|
Yes - unless one provided within previous 6 months
|
Yes
|
|
Unpaid
|
TV or Filming
|
No
|
Any period of time up to and including 4 days (and not
performed within the previous 6 months)
|
No
|
No
|
|
Unpaid
|
Theatre, Sporting Activity or Modelling
|
Yes
|
Any period of time up to and including 4 days (and not
performed within the previous 6 months)
|
No
|
Yes
|
|
Unpaid
|
Theatre, Sporting Activity or Modelling
|
No
|
Any period of time up to and including 4 days (and not
performed within the previous 6 months)
|
No
|
No
|
|
Unpaid
|
TV or Filming
|
Yes
|
5 days or more
|
Yes unless one provided within previous 6 months
|
Yes
|
|
Unpaid
|
TV or Filming
|
No
|
5 days or more
|
Yes unless one provided within previous 6 months
|
Yes
|
|
Unpaid
|
Theatre, Sporting Activity or Modelling
|
Yes
|
5 days or more
|
Possibly
|
Yes
|
|
Unpaid
|
Theatre, Sporting Activity or Modelling
|
No
|
5 days or more
|
Possibly
|
Yes
|
Paid Performance - Payment to the child in respect
of the child's taking part in the performance whether to him/her or
to any other person.
Unpaid Performance - "... no payment in respect of
the child's taking part in the performance is made, whether to
him/her or to any other person except for defraying expenses means
that there is no question of any payment or consideration to
procure the services of any child taking part in the performance" -
A Guide To The Children (Performances) Regulations 1968.
Absence from School - ";...Leave of absence may
not be given to enable a pupil to undertake employment except in
accordance with the licence. The Act and Regulations contain no
provision under which absence from school may be authorised for an
unlicensed performance." - A Guide to The Children (Performances)
Regulations 1968. Also see the Education (Pupil Registration)
Regulations 1995, Regulation 8(2)(b)
Medical Certificates - are required with
applications for children wishing to take part in licenced
performances in any television or film work, regardless of any
number of days or half days under the conditions of the
licence.
For broadcast performances, such as radio productions, a child can
perform on up to and including 6 days in a six month period without
the need for a medical.
For other performances such as theatre work, if the child takes
part on the maximum number of days in the week allowed, i.e. 6
days, and the performances are required for more than one week, a
medical certificate will be required.
For sporting activities and modelling, where the application is for
a licence for an activity, a statement by the child's parent that
the child is medically fit for the proposed activity must be
provided with the original application.
Any costs incurred with obtaining medical certificates are
generally accepted as being met by the body responsible for the
production.
When a licence is required - a child shall not
take part in a performance or activity except under the authority
of a licence. Backdated licences should not be issued, they
undermine the licensing process which is, after all, a safeguard
for the children.
When licenses are requested at short notice, Local Authorities will
invariably try to accommodate requests. However there must be
enough time to deal with the application detail beforehand.
Productions should not be mindful that the Local Authority can
insist upon '21 days' notice - The Children (Performances)
Regulations 1968, Regulation 1(3).
When sending details from one Local Authority to another - "the
licensing authority must send to those authorities copies of the
application form and the licence, together with any information
they think should be brought to the notice of the other
authorities" - Children (Performances) Regulations 1968, Regulation
4.
For further information please
contact:
Debi Momi
Tel: (01234) 228178
Email: debi.momi@bedford.gov.uk
Performance
licence application form (pdf document opens in new
window)
Guidelines
for children who perform - Information for
parents (pdf document opens in new window)