Name
Body of persons approval (BoPA)
Summary

The Secretary of State or the local authority in whose area the performance is taking place has discretion to issue a BOPA.

The granting of BOPA to an organisation replaces the need to apply for individual performance licenses during the period of approval.

A BOPA application must be made by the organisation who has responsibility for putting on the performance and for ensuring the safety and wellbeing of the children taking part.

Herefordshire Council will require evidence that the organisation has clear policies for safeguarding children.

The law (as outlined in Children (Performances and Activities) (England) Regulations 2014) must still be adhered to for all rehearsals and performances where children are involved

In order for an organisation to apply for a BOPA, the following conditions must be met:

  • Satisfy all the legislative requirements that would normally apply to an individual licence
  • All rehearsals and performances must take place in the county of Herefordshire. If any rehearsals or performances are taking place in other counties, those local authorities must also be approached for approval
  • Any children taking part in rehearsals and/or performances must not require any time out of school for this purpose
  • Any children, or persons acting on their behalf, must not receive any payment for their part in the production other than reasonable expenses, where applicable
  • The organisation must have a completed and regularly updated, (annually), child protection/ safeguarding policy
  • Have a designated child protection/safeguarding officer

The length of a BOPA is entirely at the discretion of the Herefordshire Council. Typically, organisations will be granted an exemption for 12 months, but this may vary, depending on the organisation. A BOPA can be revoked if the organisation fails to meet any agreed conditions.

If an organisation has been awarded a BOPA, the council must be notified prior to each production that takes place within that period. The Body of Persons Exemption Form must be completed and provided at least 21 days before the first performance date

Where a performance is taking place under the auspices of a BOPA the legislation does not require children to be supervised by a chaperone approved by the local authority. However, before the local authority grants a BOPA, the organisation will need to demonstrate it has clear procedures for carrying out checks on the adults who will be caring for the children. Herefordshire Council can impose additional conditions depending on the individual circumstances of the performance and may include a condition to use local authority licenced chaperones.

Once the application and supporting information has been submitted a decision will be made whether or not to grant a BOPA.

If granted, the organisation with be issued with a Body of Persons Contract, which will define the group’s responsibilities in relation to the children. This must be signed by the chair and the seconders named on the BOPA licence’s application. Once this has been signed and returned to the local authority a certificate will be awarded.

If the criteria are not met and the application is refused, the organisation will be contacted to discuss the reasons for the decision. Support and advice will be offered wherever possible in order to allow the necessary changes to be made. An organisation may reapply for a licence once any areas of concern have been addressed.

Application and guidance notes

Apply for a BoPA

Production information form

Frequently asked questions

Privacy notice

Herefordshire Council is the data controller under data protection law and will use the information you provide in order to provide you with the licence you apply for. The legal basis for processing this data is your consent to do so. You can withdraw your consent at any time by notifying us, however, this will result in a licence not being provided or withdrawn. Our contact details to do so, or for any other queries, are Enforcement Officer, Plough Lane, Hereford HR4 0LE.

We will keep your data for 2 years after the licence ends. Your information will not be shared further, unless it is necessary to do so in cases such as preventing or detecting crime. Individuals have a number of rights under data protection law, including the right to request their information. You also have a right to make a complaint about our handling of your personal data to the Information Commissioner's Office.

Contact details