St Paul's chorister is left heartbroken after BBC bans him from the Proms Boy treble was due to sing Chichester Psalm solo at Last Night of the Proms The child, a St Paul's chorister, had been through auditions to win the role Two days before, BBC executives learnt he was not legally allowed to sing Instead British countertenor Iestyn Davies, 34, was scrambled to sing solo A young boy was pulled from singing a solo at the Last Night of the Proms at the last minute when BBC bosses discovered that if he performed, they would be breaking an old law prohibiting children singing live on television after 7pm. The child, whom the BBC will not identify, was due to sing the solo in Leonard Bernstein's Chichester Psalms in what would have been a highlight in the traditional concert at London's Albert Hall. But just two days before the concert which would have made the child's name, BBC lawyers had to tell him he could no longer take part because they did not have the necessary licence for him. Countertenor Iestyn Davies, 34, left, took the boy's solo part at the last minute conducted by Marin Alsop, right The chorister was due to sing a solo at the Last Night of the Proms but was pulled from it at the last minute Instead, executives at the corporation had to scramble to find an older singer to take on the role. As a result, British countertenor Iestyn Davies, 34, sang the part - which is usually sung by a boy-treble - at the eleventh hour, and only managed to rehearse with the female American conductor Marin Alsop on the day of the event. It was a disappointment for the child, a boy treble (with soprano voice) who had gone through rigorous auditions with the BBC to make the final three before being picked by Alsop, the first female conductor at the Last Night, for the starring role. The other two boys who made it to the shortlist had been on standby and were also disappointed when they were unable to perform because they didn't have the correct licences either. An obscure rule dating back to the 1960s bans children under 13 from taking part in a live broadcast after 7pm. The relevant part of the Children (Performances) Regulations 1968 is designed to ensure children do not stay up late performing to the detriment of their schoolwork, although it is seen as outdated and irrelevant by many. Local authorities, whose job it is to allow the child to perform or not, take differing views of the legislation, with some turning a blind eye to it and others upholding it to the letter. The BBC applied to the boy's local authority, and those of the other two on the shortlist, for a licence to perform but were turned down. Well-deserved applause: Iestyn Davies and conductor Marin Alsop only rehearsed the solo together that day As a result, they had to find an older singer two days beforehand to replace the boy, who is a chorister at St Paul's Cathedral. A spokesman for the cathedral said: 'I can confirm the Cathedral was informed by the BBC in the week of Last Night that our Chorister would not be needed at the concert.' A BBC press officer said the corporation had no option but to pull the boy from the performance on September 7. She said: 'Everyone agrees that this legislation is now completely outdated and the BBC with other broadcasters and members of the wider entertainment industry are working hard to try to get it changed, but it is not known if or when that will happen. Because the Chichester Psalms were going out live, this meant that reluctantly we had to change our plans. But she added: 'Bernstein specified in the score that the solo part can be taken either by a boy treble or countertenor. We were pleased to have engaged Iestyn Davies to sing the part. The boy, a chorister at St Paul's Cathedral, was unable to perform at the Proms because of an obscure law Children whose local councils agree to grant a licence are able to perform live on talent shows such as Britain's Got Talent, but it remains at the individual council's discretion. Last year the then-Children's Minister Tim Loughton tried to overhaul the child performance regulations but the proposals have yet to be implemented. David Simmonds, of the Local Government Association, said: 'Times have changed a bit since the Sixties when the laws were passed.' The Children (Performance) Regulations 1968 was designed to ensure the safety of children when they perform. It places restrictions on how long a child can spend performing on stage or during broadcasts, broken down by age, and says no child under the age of 13 can perform after 7pm. Broadcasters are required to seek permission to allow the child to perform from the child's local authority. A spokesman for the Local Government Association said: 'This legislation was obviously drawn up in a different era. What we are seeing up and down the country is councils adopting a commonsense approach to the law. Providing it doesn't impinge on the the child's education, and as long as it is done with the full consent of the parents, councils are using their common sense on this one.' He said it was hoped that the legislation might be 'clarified' in the future.