Shops Act 1950

29Method of computing hours of employment

(1)In determining for the purposes of this Part of this Act the number of working hours for which a young person has in any week or period of two or three consecutive weeks been ..employed about the business of any shop, he shall be deemed to have been also employed about the business thereof during -any time during which he was in that week or period employed—

(a)about the business of any other shop ;

(b)in a factory;

(c)in or in connection with any process (not being a process to which section one hundred and six of the Factories Act, 1937, applies) carried on at any dock, wharf or quay to which section one hundred and five of the Factories Act, 1937, applies or any warehouse (except a warehouse which forms part of a factory or a warehouse occupied for the purposes of his trade by any person carrying on any retail trade or business or by any wholesale dealer or merchant) and by a person having the use or occupation of the dock, wharf, quay or warehouse or of premises within it or forming part of it;

(d)in or in connection with the processes of loading, unloading or coaling any ship in any dock, harbour or canal;

(e)in the collection or delivery of goods, or in any carrying, loading or unloading of goods incidental to the collection or delivery thereof;

(f)in connection with a business carried on at any premises in carrying messages or running errands, being employment wholly or mainly outside the premises;

(g)in collecting, carrying or delivering goods, carrying messages or running errands, being employed in connection with any business carried on at such a dock, wharf, quay or warehouse as is mentioned in paragraph (c) of this subsection and by a person having such use or occupation as is therein mentioned ;

(h)at a residential hotel or club in carrying messages or running errands, or in connection with the reception of guests or members thereat;

(i)in connection with the business carried on at any premises where a newspaper is published, in carrying messages or running errands;

(j)at a place of public entertainment or amusement, or at a public swimming-bath, bathing place or turkish bath, for carrying messages or running errands, or in the reception of or attendance upon persons resorting thereto;

(k)elsewhere than in a private dwelling-house, in the operation of a hoist or lift connected with mechanical power;

(l)in, or in connection with, the operation of cinematograph apparatus;

(m)at any premises occupied for the purposes of a laundry, dyeing or cleaning works or other factory, in receiving or despatching goods.

(2)If in any proceedings against the occupier of a shop in respect of a contravention of the provisions of this Part of this Act it is shown that the contravention occurred only by reason of time during which a young person was employed by another employer being deemed, in accordance with the provisions of this section, to be time during which he was employed about the business of that shop, it shall be a defence to prove that the occupier did not know and could not with reasonable diligence have ascertained that the young person was employed for that time by the other employer.

(3)In this section the expression " shop " includes any wholesale shop and any warehouse occupied for the purposes of his trade by any person carrying on any retail trade or business or by any wholesale dealer or merchant, and for the purposes of subsection (1) of this section—

(a)the expression " premises" means, in relation to a young person, premises occupied by his employer for the purposes of the business in connection with which that person is employed ; and

(b)the carrying on of a club shall be deemed to be a business notwithstanding that the club is not carried on for the purposes of profit:

Provided that, for the purposes of paragraphs (c), (d) and (g) of that subsection, the foregoing provisions of this subsection shall not apply but section one hundred and fifty-two of the Factories Act, 1937, shall apply for the interpretation of those paragraphs.