Joint Committee on Statutory Instruments Forty-Fifth Report


Memorandum by the Department of Health


REGULATIONS 1998 (S.I. 1998/1678)

The Committee has requested a memorandum on the following point relating to the Children (Performances)(Miscellaneous Amendments) Regulations 1998 (S.I. 1998/1678).

  Regulation 2(7)(a) amends regulation 6(1) of the 1968 Regulations by substituting the words "shall not grant a licence in respect of a performance by a child" for "shall not grant a licence in respect of a child". Explain how the amendment matches the wording and division into two subparagraphs of the unamended regulation 6(1), which provides that

  "... a licensing authority shall not grant a licence —

    (a)  in respect of a child who has obtained the age of 13 years ...;

    (b)  in respect of a child who has not obtained the age of 13 ...".

  Does the Department agree that the intended result could be achieved by substituting "performance by a child" for "child" in subparagraphs (a) and (b)?

2.  The Department agrees that the amendment to the opening words of regulation 6(1) does not sit easily with the two subparagraphs (a) and (b). The result could have been better achieved by doing as the Committee suggest. However the Department considers that the sense of the provision and the purpose of the amendment is clear. It will however bear in mind the point made by the Committee in the event that the Regulations are amended.

17th August 1998

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