Body of Persons Approval

Guidance for organisations applying for a Body of Persons Approval (BOPA) exemption

What is a Body of Person's Approval (BOPA) exemption?

The Body of Person's approval (S39 (3)(b) of The Children & Young Persons Act 1963) is available to organisations including amateur organisations, who have children taking part in their productions. It is to reduce the administrative burden by removing the need to obtain individual performance licences for each child.

It may also be useful for organisations who currently use the exemption known as 'the four day rule'. (S37(3)(a) of The Children and Young Persons Act 1963). This states that performances given under the Body of Person's Approval, will not require the organisation to check the number of performances each child has or will do during the 6 months before their performances.

Local authorities may consider issuing a 'Body of Person's approval' for performances taking place within their authority, where the following circumstances apply:

no payment is being made to the child, nor anyone else on the child’s behalf, for the child to take part, other than expenses

and

usually where the child does not require absence from school. Following publication of The School Attendance (Pupil Registration)(England) Regulations 2024 which came into effect 19th August 2024, it may be possible to be granted a BOPA where limited absence from school is involved.

Where children take part in non-amateur/professional productions, the use of the Body of Persons will not be appropriate if payments are being made.

What criteria need to be met?

Where an organisation wishes to take advantage of the Body of Persons approval , it must complete the application form. This is to satisfy this authority that the following are already in place:

That they formally consent to abide by the terms and conditions as laid out in the 'Contract of Agreement'. (The Children (Performances and Activities) (England) Regulations 2014).
That it has clear, robust and well embedded policies for safeguarding children. (Child performance and activities licensing legislation in England, Department for Education departmental advice February 2015). Tameside Council believes that this is best achieved by the use of local authority approved chaperones. It is therefore a requirement for organisations to provide details of registered chaperones in order for a BOPA to be issued.
That it has a regularly updated safeguarding or child protection policy. (Working Together to Safeguard Children 2018).
That it has a dedicated Child Welfare (Safeguarding) Officer.
That it keeps detailed and complete records of children involved with the group, including emergency contact details. (The Children (Performances and Activities) (England) Regulations 2014).
That where a child or children are absent from school to take part in a performance, that written consent has been obtained from the Headteacher of the child’s school.

Organisations may be approved for a specific production only or annually if they have children taking part in multiple productions in Tameside. They must satisfy the above criteria and have signed the 'Contract of Agreement'.

How much notice do we need?

At least 21 days' notice before the first day of the performance is needed for a Body of Persons Approval exemption.

How to apply for a Body of Persons Approval (BOPA)

To apply for a Body of Persons approval the following information must be sent to the Education Welfare Service:

A fully completed Body of Persons Approval Full Application form
A copy of the organisation's Safeguarding/Child Protection Policy and Procedures
Details of the performance – times, dates, location (including any rehearsals taking place at the venue)
Details of the Chaperones supervising the children (with a maximum ratio of 1:12)
The numbers, age range and gender split of the children taking part

Once approved, the Education Welfare Service will issue the appropriate documentation to the organisation.

Annual Body of Persons (BOPA) Approval

Where an organisation stages multiple productions in a 12 month period an annual Body of Persons Approval (BOPA) can be granted. Where an organisation has an annual BOPA it must:

Advise the Education Welfare Service of the times and location of all productions in advance of the first performance, during the period of the approval using the ‘Individual Notification of Performance’ form.
Where absence from school is required for any child, that written consent has been obtained from the Headteacher of the child’s school.
The organisation is required to apply for future BOPAs annually.

Forms

BOPA – Single Production

Please use this form if you are applying for a Body of Persons Exemption (BOPA) for a single production

Annual BOPA

Please use this form if your organisation will stage 2 or more productions within a 12 month period and you would like to apply for an annual Body of Persons Exemption (please also see Individual Notification of Performance). Please note: this form only needs to be completed once within a 12 month period.

Individual Notification of Performance (for annual BOPA only)

Please use this form if you are applying for an annual BOPA or if you already have an annual BOPA which was issued within 12 months of your performance.

Education Welfare Service (Child Entertainment) contact details:

For further information or guidance regarding applying for a Body of Persons Approval exemption, email cee@tameside.gov.uk or telephone 0161 342 2112