Archived decisions
Hampshire County Council: Body of Persons Approval
Terms Of Contract
Name of Organisation .......("the Organisation")
The Organisation has asked that Hampshire County Council ("the Authority") exercise their powers under Section 37 (3)(b) of the Children and Young Persons Act 1963 to exempt them from the need to comply with the licensing of children procedures as required by Section 37 of the Children and Young Persons Act 1963 and associated regulations. The Organisation has satisfied the Authority of its ability to comply with the licensing provisions over the past two years or has performed six productions involving children and has in place a Child Protection Policy approved by the Authority (" The Policy")
This exemption is to be known as a Body of Persons Approval.
In consideration of the exemption being authorised by the Authority the Organisation hereby agrees to the following terms :-
1. That it will comply with the Children (Performances) Regulations 1968 and any consolidating or amending legislation and acknowledges that these regulations apply to all children up to and including those of compulsory school age.
2. That the Approval will run for a period of one calendar year from the date of this agreement.
3. That it must apply in writing for any renewal of the Approval to the Performance Licensing Officer [ "The Authorising Officer"] for Hampshire County Council giving a period of 28 days notice.
4. That it will provide a written Schedule of Performances relating to each production to the Authorising Officer, 14 days in advance of any dress rehearsal or the first performance if there is no dress rehearsal. The Schedule must include the names, addresses, dates of birth and, where appropriate, school details of every child involved in each performance and dress rehearsal and the dates, times and locations relating to planned performances. Where any overnight stays are proposed, details of these and the proposed arrangements for accommodation must be included.
5. That all performances must be appropriate to the ages of the children taking part.
6. That all locations for dress rehearsals and performances must be approved in advance by the Officer. At any such location separate dressing rooms will be required for males of 16 years or under, and females of 16 years or under. No adult other than a Matron may enter a child's dressing room.
7. That it will only use Matrons who have had enhanced CRB checks and are approved by the Authority to care for children for every performance and for any dress rehearsal in accordance with the Children's (Performances) Regulations 1968 and any consolidating legislation or as directed by the Authority.
8. That no Matron will be required to undertake duties other than those of Matron/Chaperone at any dress rehearsal or performance.
9. That any duly authorised officer for the Authority will have unrestricted access to any venue where any dress rehearsal or performance is taking place or if the dress rehearsal or performance is taking place outside the Authority's "area" then a duly authorised officer for the appropriate Authority for that area.
10. That it will provide the Authority with a written copy of The Policy.
11. That it will display at each and every venue it uses, a statement of its commitment to protecting children.
12. That each parent of a child involved will receive a copy of The Policy
13. That it will maintain and comply with the terms of The Policy at all times.
14. That the duty to investigate allegations or concerns about child abuse lies with the statutory agencies which are Social Care, Children's Services and the Police and on the signing of this contract the Authorising Officer will provide the Organisation with the appropriate contact telephone number for Social Care. The Organisation agrees that all allegations and complaints, unless demonstrably untrue, must be reported to the statutory agencies and to the Authorising Officer. Whenever abuse is suspected the Organisation agrees that it will act in accordance with the terms of this contract and in accordance with The Policy and the procedures attached to it.
15. That its records relating to children and matrons will be available for inspection by an authorised officer of the Authority and/or an authorised officer of any other relevant authority at any time.
16. That failure to comply with any of the above conditions may result in the Authority revoking the Approval with immediate effect.
17. That the terms Matron and Chaperone mean one and the same.
Printed Name ................................ Printed Name ...........................
Position ..................................... Position .................................
For and on behalf of
Name of Organisation ..........
Address of Organisation ................................
Dated this day of 2006.
Note
Failure to comply with the Children and Young Persons Act 1963 and The Children (Performance) Regulations 1968 (as amended) is a criminal offence which a conviction carried a maximum penalty of £1,000 or three months imprisonment or both, for each offence.
JW/cct
2L 3710206