The Secretary of State for Scotland approved Bye Laws governing the employment of children in the East Lothian Region and these came into effect on 27 August 1998. They replaced those which were made by the former Authorities prior to the re-organisation of local government in 1996. Full copies of the Bye Laws are available on request from the address at the end of this leaflet or by downloading from the link on the right.

The main points in the new regulations are:

Age
Children between the age of 13 years and school leaving age may be employed only in accordance with the Bye Laws. Children under 13 years of age may not be employed.

Permitted Daily Hours of Work

Maximium Weekly Hours of Work
25 hours per week if under 15 years of age
35 hours per week if over 15 years of age

Meal Breaks
If employment is for more than 3 hours (or 4 hours if over 15 years of age) a break of 1 hour must be taken before resuming work.

Agricultural Work
Children under 15 years of age engaged in harvesting may work up to 8 hours per day, subject to a maximum of 25 hours per week in any school holiday, but not on Saturdays or Sundays in term time.

Children aged 10 but under 13 may work in the company of their parent in light agricultural work.

Payment
The regulations cover all forms of employment of children even when no payment is made for their services.

Welfare of Children
Where necessary for the work, employers must ensure proper arrangements are made for transport. It is also the duty of the employer to ensure that the child is provided with suitable clothing (including waterproof clothing for outdoor employment) if this is not provided by the parent.

Prohibited Employments
No employment will be permitted in the following trades or occupations:

1. In the sale or delivery of intoxicating liquor.
2. Employment in connection with gaming or betting.
3. In the collecting or sorting of refuse in bulk.
4. In the delivery of fuel oils.
5. In the delivery of milk.
6. Employment at any machine prescribed as dangerous in an order made under Section 19 of the Offices, Shops and Railways Premises Act 1963; excluding agricultural machines which are covered by other legislation.
7. In cinemas, dance halls, discotheques and theatres, except when performances are given entirely by children.
8. Employment in commercial (but not domestic) kitchens.
9. Employment in those parts of catering establishments where cooking ranges, hot plates or steam/water boilers are in use.
10. External window cleaning more than 10 feet above ground level.

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PLEASE NOTE THAT THESE POINTS ARE ONLY AN OUTLINE OF THE BYE LAWS AND NOT A FULL INTERPRETATIVE STATEMENT ____________________________________________________________

Applications for Employment Certificates
Application forms are obtainable from all Secondary Schools. They require to be signed both by the employer and the parent and to be endorsed by the Head Teacher of the school the child is attending. Certificates will be granted only where the Authority is satisfied that the proposed employment is not likely to be prejudicial to a child's health or education.

Retention of Employment Certificates
No child may be employed without a valid Employment Certificate which must be retained by the employer. Certificates must be displayed on demand to any Police Officer or authorised officer of the Education Authority. On the termination of employment, or any change in its form, the certificate must be returned immediately with an indication of the reason.

It is an offence to employ children who do not hold a valid employment certificate and employers in such cases are liable to be prosecuted and, if convicted, fined up to £100.

Further Information
Copies of the full Bye Laws and further information and advice can be obtained at the undernoted address:

John Muir House
HADDINGTON
EH41 3HA
Tel No : 01620 827415