Body of Persons Approval (BOPA) Guidance

Under Article 137(3)(b) of the Children Order (NI) 1995 a licence is not required for a performance given under arrangements made by a “Body of Persons” approved by the Education Authority (EA).

The legislation allows for a Body of Persons Approval to be granted to an organisation, meaning that individual licences do not need to be obtained for the children who are participating in a performance put on by that organisation.

• The first thing to be made clear to organisations applying for a BOPA is that their application should not be viewed as a means of “getting round” the requirement for a performance licence. A BOPA will reduce the administrative burden on both the applicant and the Children in Entertainment and Employment Team (CEET), but, as with granting individual licences, the same principles will apply in terms of safeguarding the child and ensuring that there is proper provision to secure the health and kind treatment of the child. There must be no reduction in safeguarding arrangements under the BOPA process.
• A BOPA, if granted, removes the need to apply for an individual licence for each child; it is granted to the organisation that is responsible for performance. The approval is granted by the Education Authority (EA). It is the organisation that is approved, not the children i.e. the EA is confirming that the organisation is a ‘suitable’ or approved’ group.  In view of this, the EA must be certain that all appropriate processes and checks have been undertaken during the application process to ensure that the organisation is suitable.
• A BOPA can be granted to an organisation for a single performance or a series of performances within a specified time, which is normally up to one year, providing no payment is made to the child or to anyone else in respect of the child and the child does not require absence from school.
• A BOPA is not transferable to another organisation or to individual children taking part in a performance arranged by someone else. Only the organisation named in the BOPA is authorised to put on performances without the need for applying for individual licences for children.
• Similarly, an approval applies to the organisation putting on the performance rather than to individual children.  Children would therefore need to be licensed in the normal way if they were to take part in a performance by another organisation that does not have a BOPA. 
• A BOPA cannot be issued in respect of an activity.
• A BOPA is not a “group licence” nor is it an exemption under the 4 day rule.
• It does not matter if a child has performed on 4 days or more in the last 6 months, they can still be included in a BOPA. However, if a child has already performed under a BOPA, the number of days will count as performance days.

• The first consideration is to determine if a BOPA is the appropriate route to take. If the initial criteria above are met, the organisation should contact the EA to obtain the relevant information and request an application form.
• Applications must be made in sufficient time to allow the EA to properly consider them and at least 30 calendar days in advance of the first performance (unless, exceptionally, a shorter notice period has been agreed).  The 30-calendar day period will not begin until a fully completed application is provided to and accepted by the EA. Incomplete applications will not be considered and will be returned to the organisation for completion/amendments and for the supply of any supporting data.
• If the BOPA application is for a fixed period of time, the organisation must provide the EA with details of each performance / rehearsal including dates, times and location, the names of chaperones (if applicable) and the name, date of birth, address and school of all children taking part.

It is at the discretion of the EA whether to issue a BOPA and an organisation must, during the application process, satisfy the EA that a BOPA is appropriate by providing adequate evidence to meet the approval criteria, as follows:

The organisation must: -

• Maintain a comprehensive, secure records management system and retain all relevant records for a minimum 6 months from the date of the last performance or activity.
• Only use EA registered chaperones and ensure for each performance/rehearsal that they have in place arrangements for sufficient EA approved chaperone(s) to take responsibility for safeguarding the children under the BOPA. In very exceptional circumstances, such as when a school choir agrees to take part in a performance arranged by a third party, teachers may undertake  the responsibility for safeguarding, instead of using EA registered chaperones; 
• Have in place clear, robust, regularly updated policies for safeguarding children, including a person(s) specified as responsible for child protection;
• Confirm that all participants will comply with regulations on the permitted number of days and permitted number of hours of performance, as outlined in the Children (Public Performances) Regulations (NI) 1996;
• Have in place policies and processes to confirm the suitability of any accommodation that is not a child’s normal place of residence; that adequate suitable transport is provided to and from the accommodation; that arrangements are made for any meals to be provided at the accommodation and that any other conditions conducive to a child’s welfare are considered in respect of any such accommodation;
• Have in place policies and procedures to confirm suitability of  the location where performances, rehearsals or activities will take place (including the provision of meals, dressing areas, rest and recreation areas, suitable and sufficient toilets and washing areas and adequate protection against inclement weather);
• Have made, or be able to confirm the ability to make, suitable arrangements to get each participant home, or to any other destination, after the last performance/rehearsal or at the end of any day.
• Provide confirmation that any child under its care is not employed in any other employment on the day of the performance/activity, or the day following.

There may also be other conditions that the EA will wish to impose, depending on the individual circumstances of the performance.

It is considered best practice that responsible persons from the group are interviewed by the EA.  Preferably this will take place at the location where they rehearse and perform or at any venue(s) that the organisation uses for such purposes. This will enable the licensing officer to see at first hand the policies and procedures the organisation have in place and to confirm the suitability of the location where performance, rehearsals or activities will take place (including the provision of meals, dressing areas, rest and recreation areas, suitable and sufficient toilets and washing areas and adequate protection against inclement weather).  

Any authorised officer of the Education Authority will be given unrestricted access whether pre-planned or unannounced whilst any dress or technical rehearsal or performance is taking place, at any venue(s) that the organisation uses for such purposes.