Memorandum by the Department of Health
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
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