Body of persons approval
The Local Authority has power under Section 37 (3) (b) of The Children and Young Persons Act of 1963 to issue an exemption licence to an organisation, known as a ‘body of persons’, for a performance that is taking place in that Authority.
- BOPA can be issued for a specific performance, to put on performances that involve a number of children, providing no payment is made to the child or to anyone else in respect of the child taking part in the performance and usually where the child does not require absence from school
- following publication of The School Attendance (Pupil Registration)(England) Regulations 2024 (see below) which came into effect 19th August 2024, it may be possible to be granted a BOPA where limited absence from school is involved. See Section 7 Absence from school for further details
- the granting of a BOPA to an organisation (or Body hereafter) replaces the need to apply for individual licences from each child’s home local authority during the period of approval – as long as the BOPA criteria and conditions continue to be fulfilled
- the decision whether to issue a BOPA is at the discretion of the Local Authority - they are better placed to assess arrangements made to safeguard children in local activities, to inspect those arrangements and enforce any requirements or conditions intended to protect children
Who can apply?
Any type of organisation can apply for a BOPA i.e. amateur group, professional company, stage or broadcast providing there is no payment made (other than expenses) for the child to take part. However, they will be required to meet certain criteria and to demonstrate that they have clear, robust and well embedded safeguarding policies and arrangements in place to protect children. This will inform the local authority decision and it is at its discretion whether to issue an approval.
Any type of body can apply; it doesn’t matter if they are a professional company, amateur group, stage or broadcast.
What needs to be considered?
- BOPAs are issued by the local authority where the performance is taking place, therefore in certain circumstances where a production is taking place in several authorities, the Body will have to apply to each local authority separately.
- A BOPA can only be issued where no payment is made to the child or anyone else in respect of the child taking part in the performance other than reasonable expenses.
- The rehearsals and/or performances must comply with the Children (Performances and Activities) (England) Regulations 2014 in respect of the maximum number of days and permitted hours of performance and breaks. (Please see appendix 1) .
- The Body has in place clear, robust and appropriate policies and procedures for safeguarding children including a Child Protection Policy and Health and Safety Policy.
- Through regional agreement North Yorkshire Council require that members of The Body who are to act as chaperones must be registered as a chaperone by the Local Authority where they live and hold a current enhanced disclosure form issued by the DBS.
The School Attendance (Pupil Registration) (England) Regulations 2024 Reg.11
The Education (Pupil Registration) (England) Regulations 2006 have been withdrawn and replaced by the School Attendance (Pupil Registration) (England) Regulations 2024 effective from 19th August 2024.
Regulation 11(1) states that leave of absence from a school maintained by a local authority or a special school not maintained by a local authority may only be given by a person who the school’s proprietor has authorised to do so (an authorised person).
It then goes on to explain which circumstances these types of schools can and cannot grant leave of absence.
The whole of Regulation 11 applies just to local authority-maintained schools and special schools not maintained by the local authority.
Regulation 11(2) states an authorised person may not give a pupil leave of absence to undertake employment (whether paid or unpaid) during school hours except –
- Employment to take part in a regulated performance or
- Regulated employment abroad
Section 3 of these regulations clarifies “regulated performance”, in relation to a registered pupil, means a performance that section 37(2) of the Children and Young Persons Act 1963 applies to and which –
- The pupil is authorised to take part in by a licence granted by a local authority under section 37(1) of that Act, or
- The pupil does not need a licence for because of section 37(3) of that Act.
This new Regulation 11 means the Head Teacher or authorised person, of a local authority maintained school, or a special school not maintained by the local authority can now, if they choose to do so, authorise absence to take part in a performance irrespective of whether a licence has been issued, just as the head teacher of an independent school, academy or free school is able to authorise absence to take part in any performance.
Responsibilities of the Body of Persons on issuing a BOPA
It is the responsibility of the body:
- to ensure that safeguarding arrangements for the children are made and adhered to
- not to permit children to be at the place of performance outside the hours permitted by the Children (Performances and Activities) (England) Regulations 2014
- to keep records of each child’s performance including all of the points requested above
- to ensure that suitable arrangements have been made for the child to get to and from the venue where the performance/rehearsal is being held
- not to use children in performances that may be dangerous nor to train children for dangerous performances
- to notify North Yorkshire Council of any changes to the original application e.g. change of premises, etc
- to give any authorised officer of the Council unrestricted access whilst any rehearsal or performance is taking place at any venue that the Body uses for such purposes
- to ensure suitable arrangements for first aid
- to obtain a signed statement of fitness from the parent of each child
- to if required obtain written permission for any school absence involved, from each child’s school
Application process
The person responsible for the Body must complete the relevant application form and the Contract of Agreement then return it to us. Once the Authority has satisfied itself that all the necessary steps have been taken and criteria met North Yorkshire Council will issue the Body with the Body of Persons Approval (BOPA) document.
Please note that North Yorkshire will no longer issue an Annual BOPA, BOPA’s will only be issued per event/performance
Completed application forms must be sent to the Safeguarding Unit. Contact us for details.
Appendix 1 - Children in entertainment restrictions in relation to all performances
| Topic | Age 0 - 4 | Age 5 - 8 | Age 9 and over |
|---|---|---|---|
| Maximum number of hours at place of performance or rehearsal (Reg.22) | 5 hours | 8 hours | 9.5 hours |
| Earliest and latest permitted times at place of performance or rehearsal (Reg.21) | 7am to 10pm | 7am to 11pm | 7am to 11pm |
| Maximum period of continuous performance or rehearsal (Reg.22) | 30 minutes | 2.5 hours | 2.5 hours |
| Maximum total hours of performance or rehearsal (Reg.22) | 2 hours | 3 hours | 5 hours |
| Minimum intervals for meals and rest (Reg.23) | Any breaks must be for a minimum of 15 minutes. If at the place of performance or rehearsal for more than 4 hours, breaks must include at least one 45 minute meal break. |
If present at the place of performance or rehearsal for more than 4 hours but less than 8 hours, they must have one meal break of 45 minutes and at least one break of 15 minutes. If present at the place of performance or rehearsal for 8 hours or more, they must have the breaks stated above plus another break of 15 minutes. |
If present at the place of performance or rehearsal for more than 4 hours but less than 8 hours, they must have one meal break of 45 minutes and at least one break of 15 minutes. If present at the place of performance or rehearsal for 8 hours or more, they must have the breaks stated above plus another break of 15 minutes. |
| Education (Reg.13) | N/A | 3 hours per day (maximum of 5 hours per day). 15 hours per week, taught only on school days. Minimum of 6 hours in a week if aggregating over 5 week period or less. | 3 hours per day (maximum of 5 hours per day). 15 hours per week, taught only on school days. Minimum of 6 hours in a week if aggregating over 5 week period or less. |
| Minimum break between performances (Reg.23) | 1 hour 30 minutes | 1 hour 30 minutes | 1 hour 30 minutes |
| Maximum consecutive days to take part in performance or rehearsal (Reg.26) | 6 days | 6 days | 6 days |
Note: local authorities should take note of regulation 5 that allows the licensing authority to further restrict these permitted hours, breaks etc, and place additional conditions on the licence if this would be in the best interests of the individual child.