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Chwefror 12 af 2012

Young people - money and consumer rights

This information applies to Scotland



Banking, credit and borrowing money

There is no age limit on opening a bank account but the bank manager has discretion about whether or not to allow a child or young person to open an account.  There are restrictions on opening certain kinds of account, for example, as a young person you are not normally responsible for your debts (see under heading Debt) and so you are unlikely to be granted an overdraft. If you have not left school, a bank may also be reluctant to give you a current account with a cheque book.

You can open a post office savings ordinary account at any age but you cannot take money out of the account until you are 7 years old.

You can borrow money at any age but access to loans may be limited because a contract between a lender and a young person under 16 will not usually be enforceable - (see under heading Debt).

If you are under 18 and you apply for a credit card you will have your application turned down.

For information about credit issues, see Credit.

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Contracts

A contract is a legally binding agreement which may or may not be in writing. The age of a young person and the type of contract that exists will determine whether or not it is a binding agreement. Generally the type of contracts that you as a young person may be involved in include contracts for the purchase of goods and services, credit agreements, employment contracts and contracts for housing.

If you are under 16 you cannot make a binding agreement that is enforceable but if it is one which could be viewed as reasonable for your age and circumstances it would be binding.  For example, small cash transactions in a shop should be enforceable and a person under 16 should be allowed to have goods replaced if they are faulty.

If you are 16 or over you can generally make any kind of contract. However, certain contracts made by 16/17 year olds can be set aside by the court and the validity questioned if the young person applies to court before s/he is 21. This means that some people may be reluctant to make a contract with a 16/17 year old in case it is set aside later on. For example, a young person may find it difficult to buy or sell a house.

If you are unclear about the nature of the contract you have and what your rights are you should consult an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on (New window) nearest CAB.

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Debt

If you are under 16 you cannot usually have action taken against you for a debt because you cannot make a legally enforceable agreement.  However, when the debt is for a purchase that someone of your age should be expected to understand it may be a binding contract and therefore the debt will have to be settled - (see under heading Contracts).

As a parent you are not generally responsible for your child’s debts unless you acted as guarantor in which case you are liable for the debt.

For more information on debt, see Dealing with debt.

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Income tax

You are taxed independently on your income but you are allowed a certain amount of income which is tax free. If the total amount of your taxable income is less than the tax free allowance you can claim tax back with a form R85. This has to be done by your parent if you are under 16.

For more information, see Income tax.

There are special rules if a parent gives savings to a child. If you are unmarried, under 18, and your parents give you money which earns investment income of over £100, this will normally count as your parent’s income and should be entered on their tax return. An example of investment income is money earned from savings in a National Savings account.

If you are under 16 in Scotland, or under 18 in England, Wales and N.Ireland, and want to make a claim to HM Revenue and Customs for repayment of overpaid tax, your parent, guardian or trustee must make the claim.

For more information, see Tax refunds.

If you are under 16, are a non-taxpayer, and have a bank or building society account that pays interest, your parents can register to stop tax being automatically deducted from the interest. If you are 16 or over, you will need to do this yourself.

For more information go to the HMRC website at (New window) www.hmrc.gov.uk.

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Restrictions on buying goods and services

There are restrictions on children and young people buying certain goods and services.

Alcohol

For restrictions on the sale and consumption of alcohol, see Young people – health and personal.

Betting and gambling

In general you are allowed to bet or gamble from the age of 18.

If you are under 18 you may not enter a public betting shop or gaming club. You can go into a licensed bingo club or other premises where bingo is played, as long as you don’t take part in the game. If you are under 18 you can take part in prize bingo at fairs and amusement arcades as long as the prize does not exceed £15.

If you are under 16 you may not buy tickets (or scratch cards) in a registered public lottery, for example, the National Lottery but you can take part in a private lottery, for example, for a parent teacher association.

There are restrictions on the use of machines often found in amusement arcades, cafes or fairs if the money exceeds £5.  Premises which have these types of machines must refuse entry to a young person under 18 or place the machines in a segregated area restricted for under 18s.

Cigarettes

For information on the sale of cigarettes, see Young people - health and personal.

Films and videos

Film classification

There are restriction on the films you can see in a cinema. The British Board of Film Censors issues certificates for all films as follows:-

  • U (universal) – suitable for all those aged four years or over
  • PG – unaccompanied children are admitted but parental guidance needed as some scenes are unsuitable for young children
  • 12A – no one under the age of 12 will be admitted, unless accompanied by an adult
  • 15 – no one under the age of 15 will be admitted
  • 18 – no one under the age of 18 will be admitted.

As well as these restrictions, a cinema manager has discretion over admission of any member of the public. In general, children under seven in London and under five elsewhere, are not allowed in a cinema unless accompanied by an adult.

DVD and video classification

Most pre-recorded English language videos have to be classified and labelled according to their suitability for viewing by certain age groups. The classification categories are:-

  • Uc (universal)- particularly suitable for pre-school children
  • U (universal) – suitable for all those aged four years or over
  • PG (parental guidance) – for general viewing but some scenes may be unsuitable for young children
  • 12 – only suitable for people aged 12 years or over. Not to be supplied to anyone below that age
  • 15 – only suitable for people aged 15 or over. Not to be supplied to anyone below that age
  • 18 – only suitable for people aged 18 or over. Not to be supplied to anyone below that age
  • Restricted 18 – only to be supplied in licensed sex shops to people aged 18 or over.

It is an offence to supply a classified video to someone who is below the age specified in the classification.

It is an offence to supply an unclassified video unless it is an exempted work.

For more information about film, DVD and video classification, go to the website of the British Board of Film Classification at: (New window) www.cbbfc.co.uk

Video games

Some video games may need classification by The British Board of Classification (CBBF), for example, if they depict gross acts of violence towards humans or animals or if they show criminal behaviour, The BBFC could refuse to classify the game, in which case it is an offence to supply the game in the UK.

There is a European-wide voluntary rating system in operation for video games that do not need to be classified. This is called the PEGI system and it is administered in the UK by the (New window) Video Standards Council.

Firearms and other weapons

If you are under 17 you cannot purchase or hire any firearm. If you are under the age of 15 you cannot have in your possession an assembled shotgun unless supervised by someone of 21 or over, or unless the gun is covered with a securely fastened gun cover that prevents it from being fired. You cannot have in your possession any section 1 firearm (for example, hunting and target rifles and large-magazine shotguns) or ammunition, except in very limited circumstances. Such circumstances would be, for example, at a miniature rifle range, or under military supervision as part of a cadet corps.

Air weapons

If you are under 18 you cannot own or be given an air weapon. However you can:-

  • use an air weapon unsupervised when you are in an approved rifle club
  • use an air weapon on private land with the permission of the occupier if you are over 14, although you cannot shoot outside the boundaries of the land.

Fireworks

It is illegal to sell fireworks to a young person under 18. The maximum penalty that can be imposed on the seller is a £1000 fine. Under the Fireworks Regulations 2003, it is an offence for someone under 18 to possess most types of firework in a public place. You can be searched and detained by the police without a warrant if they think you have fireworks in your possession and you intend to use them for an anti-social purpose. Certain people are exempt from these regulations, for example professional organisers or operators of firework displays and firework manufacturers and suppliers.

Solvents

It is illegal to sell solvents to anyone under the age of 16.

For information about glue sniffing, see under heading Glue sniffing, in Young people – health and personal.

Pets

There is no lower age limit for owning a pet. However, if you are under 16 you cannot buy one without a parent or other carer being present.

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Mobile phones

If you are under 18 you cannot enter into a monthly contract for a mobile phone. However, you can buy a mobile phone which works on a pre-paid voucher system as this does not require a contract.

For information about mobile phones, see Mobile phones.

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Further information for young people

Further information about money

The Financial Services Authority (FSA) has launched a website about money issues, designed specifically for young adults. The website is (New window) www.whataboutmoney.info.

Other rights

You can find more information about the rights of children and young people elsewhere in Adviceguide.

For more information about the general rights of children and young people, see (New window) Young people’s rights.
For information about employment, see Young people and employment.
For more information about housing, see Young people and housing.
For information about family matters, see Young people and family.
For information about benefits, see Young people and benefits.
For information about health and personal issues, see Young people – health and personal.
For information about the law and young people, see Young people and the law.
For information about transport, see Young people - travel and transport.
For more information about buying goods, see Buying goods - your rights.
For more information about buying services, see Buying services - your rights.

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