A delayed curtain, a technical fault or a scene that takes longer than planned can put a child performer close to their latest permitted time. That is the point to stop and check the rules. There is no spare hour that a production can add to the call sheet whenever the day runs late.
This guide covers a licensed child performance in England where an approved chaperone is in charge. It explains the narrow discretion in regulation 29 of the Children (Performances and Activities) (England) Regulations 2014. It does not cover rehearsals running late, performances under an exemption, paid sport or paid modelling. Rules also differ in Scotland, Wales and Northern Ireland.
Start with the normal latest time
Regulation 21 sets the normal latest time at a place of performance or rehearsal:
- From birth until the child reaches 5: 10pm.
- From age 5 to school leaving age: 11pm.
There is a limited exception when the place is where the child ordinarily lives or receives education. In every case, check the child’s licence as well. A licence may contain conditions that matter to that child and production.
The latest time is only one part of the calculation. Regulation 22 also limits daily presence and performance or rehearsal time. Finishing before 10pm or 11pm does not make the day lawful if another limit has already been reached.
The extra hour is a narrow discretion
Regulation 29 says the chaperone in charge may allow the child to take part in a performance for no more than one hour immediately after the normal latest time. The word “may” matters. It gives the chaperone a decision to make; it does not give the production an automatic extension.
The wording is about taking part in a performance. It is not a general extra hour for more rehearsal, waiting in a holding area or catching up after a late call. It also does not replace any separate permission for planned night work.
All three checks must pass
The chaperone can use this discretion only when all three conditions in regulation 29 are met.
- The total performance or rehearsal time must remain within the regulation 22 maximum. Count the proposed extra period before agreeing. An overrun cannot be used to push the child’s total performance or rehearsal time past the legal cap.
- The child’s welfare must not be prejudiced. The chaperone must make that judgement for the child in front of them. Tiredness, distress, illness, the demands of the scene and the journey afterwards may all be relevant. A child saying that they want to continue does not remove the chaperone’s responsibility.
- The cause must be outside the licence holder’s control. The licence holder is the person to whom the local authority granted the licence. A routine plan to use an extra hour does not meet the purpose of this exception. If the facts are unclear, pause and check rather than treating the extension as available.
Production colleagues can explain what has happened and how long the remaining performance is expected to take. The decision under regulation 29 belongs to the chaperone in charge. If one condition is not met, the chaperone does not have this particular discretion to approve the overrun.
Who must be told
If the chaperone allows the performance to continue after the normal latest time, regulation 29 places a duty on the licence holder. The licence holder must ensure that the chaperone notifies both authorities no later than the following day and gives the reason for the decision.
- The licensing authority is the local authority that granted the licence.
- The host authority is the local authority for the area where the performance takes place.
They may be the same council, but do not assume that they are. The regulations set the deadline and the people who must be notified. Contact routes and any extra information requested can vary locally, so check the licence and the current instructions from both authorities.
Record what actually happened
The licence holder has a separate duty to keep the records listed in Schedule 3. These include actual arrival and departure times, periods of performance or rehearsal, and rest and meal intervals. A chaperone should give the licence holder accurate times and a clear note of the reason for the regulation 29 decision. Our guide to child performance records in England explains how that responsibility is divided.
A late finish can affect the next call. Regulation 24 normally requires at least 12 hours between attendance at a place of performance or rehearsal. It is subject to the separate night-work provisions in regulation 28. The licence holder should recheck the next day’s plan rather than leaving the original call time in place without review.
A simple example
Imagine that filming stops because of an unexpected power failure. A performer aged 10 is due to finish at 11pm, but the final scene may take another 20 minutes. The delay alone does not settle the decision.
The chaperone checks the child’s total performance and rehearsal time, considers the child’s welfare, and establishes whether the situation arose outside the licence holder’s control. The chaperone also checks the licence. Only if every condition is met may the chaperone allow that performance to continue under regulation 29. If it does, the actual finish time and reason need to be captured, and both authorities must be notified by the following day.
What to do when the clock is close
- Confirm the child’s age band, normal latest time and licence conditions.
- Calculate actual performance and rehearsal time before considering an extension.
- Make a fresh welfare decision without pressure from the schedule.
- Establish what caused the delay. Do not guess if the facts are incomplete.
- If the discretion is used, note the finish time and reason straight away.
- Make sure the licence holder coordinates notification to both authorities by the following day.
- Recheck transport, the overnight break and the next call.
This is a practical reading of the England rules, not case-specific legal advice. The Department for Education’s published departmental advice can help with context, but it has no statutory force and does not replace the Regulations. For more country-specific starting points and official links, visit the Chaperone Collective Resources hub.