SCHEDULES

SCHEDULE 1 Restrictions on Sunday opening of large shops

Section 1(1).

Interpretation

1

In this Schedule—

  • F35 “ alcohol ” has the same meaning as in the Licensing Act 2003,

  • “large shop” means a shop which has a relevant floor area exceeding 280 square metres,

  • “medicinal product” and “registered pharmacy” have the same meaning as in the M1Medicines Act1968,

  • “relevant floor area”, in relation to a shop, means the internal floor area of so much of the shop as consists of or is comprised in a building, but excluding any part of the shop which, throughout the week ending with the Sunday in question, is used neither for the serving of customers in connection with the sale of goods nor for the display of goods,

  • “retail customer” means a person who purchases goods retail,

  • “retail sale” means any sale other than a sale for use or resale in the course of a trade or business, and references to retail purchase shall be construed accordingly,

  • “sale of goods” does not include—

    1. a

      the sale of meals, refreshments or F36alcohol for consumption on the premises on which they are sold, or

    2. b

      the sale of meals or refreshments prepared to order for immediate consumption off those premises,

  • “shop” means any premises where there is carried on a trade or business consisting wholly or mainly of the sale of goods, and

  • “stand”, in relation to an exhibition, means any platform, structure, space or other area provided for exhibition purposes.

  • F38 “ veterinary medicinal product ” has the same meaning as in regulation 2 of the Veterinary Medicines Regulations 2006.

F24Restrictions on Sunday opening hours of large shops

Annotations:
Amendments (Textual)
F24

Sch. 1 para. 2 cross-heading substituted (27.2.2004) by Regulatory Reform (Sunday Trading) Order 2004 (S.I. 2004/470), arts. 1(1), 2(2)(a)

2

C1C61

Subject to sub-paragraphs (2) and (3) below, a large shop shall not be open on Sunday for the serving of retail customers.

2

Sub-paragraph (1) above does not apply in relation to—

a

any of the shops mentioned in paragraph 3(1) below, or

b

any shop in respect of which a notice under paragraph 8(1) of Schedule 2 to this Act (shops occupied by persons observing the Jewish Sabbath) has effect.

F263

Sub-paragraph (1) above does not apply in relation to the opening of a large shop during any continuous period of six hours on a Sunday beginning no earlier than 10 am and ending no later than 6 pm, but this sub-paragraph has effect subject to sub-paragraph (4) below.

4

The exemption conferred by sub-paragraph (3) above does not apply where the Sunday is Easter Day F34....

F335

Nothing in this paragraph applies where the Sunday is Christmas Day (the opening of large shops on Christmas Day being prohibited by section 1 of the Christmas Day (Trading) Act 2004).

Exemptions

3

1

The shops referred to in paragraph 2(2)(a) above are—

a

any shop which is at a farm and where the trade or business carried on consists wholly or mainly of the sale of produce from that farm,

b

any shop where the trade or business carried on consists wholly or mainly of the sale of F37alcohol,

c

any shop where the trade or business carried on consists wholly or mainly of the sale of any one or more of the following—

i

motor supplies and accessories, and

ii

cycle supplies and accessories,

d

any shop which—

i

is a registered pharmacy, and

ii

is not open for the retail sale of any goods other than medicinal productsF39, veterinary medicinal products and medical and surgical appliances,

e

any shop at a designated airport which is situated in a part of the airport to which sub-paragraph (3) below applies,

f

any shop in a railway station,

g

any shop at a service area within the meaning of the M2Highways Act1980,

h

any petrol filling station,

j

any shop which is not open for the retail sale of any goods other than food, stores or other necessaries required by any person for a vessel or aircraft on its arrival at, or immediately before its departure from, a port, harbour or airport, and

k

any stand used for the retail sale of goods during the course of an exhibition.

C22

In determining whether a shop falls within sub-paragraph (1)(a), (b) or (c) above, regard shall be had to the nature of the trade or business carried on there on weekdays as well as to the nature of the trade or business carried on there on Sunday.

3

This sub-paragraph applies to every part of a designated airport, except any part which is not ordinarily used by persons travelling by air to or from the airport.

4

In this paragraph “designated airport” means an airport designated for the purposes of this paragraph by an order made by the Secretary of State, as being an airport at which there appears to him to be a substantial amount of international passenger traffic.

5

The power to make an order under sub-paragraph (4) above shall be exercisable by statutory instrument.

6

Any order made under section 1(2) of the M3Shops (Airports) Act 1962 and in force at the commencement of this Schedule shall, so far as it relates to England and Wales, have effect as if made also under sub-paragraph (4) above, and may be amended or revoked as it has effect for the purposes of this paragraph by an order under sub-paragraph (4) above.

Notice of proposed Sunday opening

F274

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of shops

F285

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to display notice

6

At any time when—

a

a large shop is open on Sunday for the serving of retail customers, and

b

the prohibition in sub-paragraph (1) of paragraph 2 above is excluded only by sub-paragraph (3) of that paragraph,

a notice specifying F29the Sunday opening hours shall be displayed in a conspicuous position inside and outside the shop.

Offences

7

1

If paragraph 2(1) above is contravened in relation to a shop, the occupier of the shop shall be liable on summary conviction to a fine not exceeding £50,000.

2

If paragraph 6 above is contravened in relation to a shop, the occupier of the shop shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

F258

Where a person is charged with having contravened paragraph 2(1) above, in relation to a large shop which was permitted to be open for the serving of retail customers on the Sunday in question, by reason of his having served a retail customer after the end of the period during which the shop is permitted to be open by virtue of paragraph 2(3) above, it shall be a defence to prove that the customer was in the shop before the end of that period and left not later than half an hour after the end of that period.

Transitional provision

F309

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 Supplementary Provisions

Section 1(1).

Part I General enforcement provisions

Duty to enforce Act

1

It shall be the duty of every local authority to enforce within their area the provisions of Schedules 1 and 3 to this Act and Part II of this Schedule.

Inspectors

2

For the purposes of their duties under paragraph 1 above it shall be the duty of every local authority to appoint inspectors.

Powers of entry

C43

An inspector appointed by a local authority under paragraph 2 above shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours—

a

to enter any premises within the area of the local authority, with or without a constable, for the purpose of ascertaining whether there is or has been on the premises any contravention of the provisions of Schedules 1 and 3 to this Act,

b

to require the production of, inspect and take copies of any records (in whatever form they are held) relating to any business carried on on the premises which appear to him to be relevant for the purpose mentioned in paragraph (a) above,

c

where those records are kept by means of a computer, to require the records to be produced in a form in which they may be taken away, and

d

to take such measurements and photographs as he considers necessary for the purpose mentioned in paragraph (a) above.

Obstruction of inspectors

C44

Any person who intentionally obstructs an inspector appointed under paragraph 2 above acting in the execution of his duty shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offences due to fault of other person

C55

Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

Offences by bodies corporate

C56

1

Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

2

Where the affairs of a body corporate are managed by its members, sub-paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Defence of due diligence

C57

1

In any proceedings for an offence under this Act it shall, subject to sub-paragraph (2) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.

2

If in any case the defence provided by sub-paragraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, at least seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

Part II Shops occupied by persons observing the Jewish Sabbath

Shops occupied by persons of the Jewish religion

8

1

A person of the Jewish religion who is the occupier of a large shop may give to the local authority for the area in which the shop is situated a notice signed by him stating—

a

that he is a person of the Jewish religion, and

b

that he intends to keep the shop closed for the serving of customers on the Jewish Sabbath.

2

For the purposes of this paragraph, a shop occupied by a partnership or company shall be taken to be occupied by a person of the Jewish religion if, and only if, the majority of the partners or of the directors, as the case may be, are persons of that religion.

3

A notice under sub-paragraph (1) above shall be accompanied by a certificate signed by an authorised person that the person giving the notice is a person of the Jewish religion.

4

Where the occupier of the shop is a partnership or company—

a

any notice under sub-paragraph (1) above shall be given by the majority of the partners or directors and, if not given by all of them, shall specify the names of the other partners or directors, and

b

a certificate under sub-paragraph (3) above is required in relation to each of the persons by whom such a notice is given.

5

Every local authority shall keep a register containing particulars of the name (if any) and address of every shop in respect of which a notice under sub-paragraph (1) above has effect.

6

Any register kept under this paragraph—

a

shall be open to inspection by members of the public at all reasonable times, and

b

may be kept by means of a computer.

7

If there is any change—

a

in the occupation of a shop in respect of which a notice under sub-paragraph (1) above has effect, or

b

in any partnership or among the directors of any company by which such a shop is occupied,

the notice shall be taken to be cancelled at the end of the period of 14 days beginning with the day on which the change occurred, unless during that period, or within such further time as may be allowed by the local authority, a fresh notice is given under sub-paragraph (1) above in respect of the shop.

8

Where a fresh notice is given under sub-paragraph (1) above by reason of a change of the kind mentioned in sub-paragraph (7) above, the local authority may dispense with the certificate required by sub-paragraph (3) above in the case of any person in respect of whom such a certificate has been provided in connection with a former notice in respect of that shop or any other shop in the area of the local authority.

9

A notice given under sub-paragraph (1) above in respect of any shop shall be cancelled on application in that behalf being made to the local authority by the occupier of the shop.

10

A person who, in a notice or certificate given for the purposes of this paragraph, makes a statement which is false in a material respect and which he knows to be false or does not believe to be true shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

11

Where a person is convicted of an offence under sub-paragraph (10) above, the local authority may cancel any notice under sub-paragraph (1) above to which the offence relates.

12

In this paragraph—

  • “authorised person”, in relation to a notice under sub-paragraph (1) above, means—

    1. a

      the Minister of the synagogue of which the person giving the notice is a member,

    2. b

      the secretary of that synagogue, or

    3. c

      any other person nominated for the purposes of this paragraph by the President of the London Committee of Deputies of the British Jews (otherwise known as the Board of Deputies of British Jews),

  • “large shop” and “shop” have the same meaning as in Schedule 1 to this Act, and

  • “secretary of a synagogue” has the same meaning as in Part IV of the M4Marriage Act 1949.

Members of other religious bodies observing the Jewish Sabbath

9

Paragraph 8 above shall apply to persons who are members of any religious body regularly observing the Jewish Sabbath as it applies to persons of the Jewish religion, and accordingly—

a

references to persons of the Jewish religion shall be construed as including any person who is a member of such a body, and

b

in the application of that paragraph to such persons “authorised person” means a Minister of the religious body concerned.

Transitional provisions

10

1

Any shop which is registered under section 53 of the M5Shops Act 1950 at the commencement of this Schedule and is at that time a large shop within the meaning of Schedule 1 to this Act shall be taken to be a shop in respect of which a notice has been given under sub-paragraph (1) of paragraph 8 above by the person who was then registered as the occupier of the shop; and the provisions of that paragraph in relation to the cancellation of such a notice shall have effect accordingly.

2

In paragraph 8(8) above, the reference to a certificate provided in connection with a former notice includes a reference to a statutory declaration provided under subsection (2) of section 53 of the Shops Act 1950 in connection with the registration of a shop under that section before the commencement of this Schedule.

C7SCHEDULE 3 Loading and Unloading at Large Shops on Sunday Morning

Section 2.

Annotations:
Modifications etc. (not altering text)

Shops to which Schedule applies

1

This Schedule applies to any shop—

a

which is a large shop, within the meaning of Schedule 1 to this Act, F31that is permitted to be open on a Sunday by virtue of paragraph 2(3) of that Schedule and which the occupier opens on Sunday for the serving of retail customers, and

b

which is situated in an area designated as a loading control area under section 2 of this Act.

Offence

9

A person who contravenes paragraph 2 above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

F32Christmas Day

Annotations:
Amendments (Textual)
F32

Para.10 and cross-heading inserted (9.12.2004) by Christmas Day (Trading) Act 2004 (c. 26), ss. 4(3), 6(3); S.I. 2004/3235, art. 2

10

Paragraph 2 does not apply where the Sunday is Christmas Day (loading and unloading at large shops on Christmas Day being regulated by section 2 of the Christmas Day (Trading) Act 2004).

SCHEDULE 4 Rights of shop workers as respects Sunday working

Section 4.

Interpretation

F11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “protected shop worker”

F22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of objection to Sunday working

F44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “opted-out shop worker”

F55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “notice period”

F66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right not to be dismissed for refusing Sunday work

F77

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of section 64(1) of Employment Protection (Consolidation) Act 1978

F99

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right not to suffer detriment for refusing Sunday work

F1010

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employer’s duty to give explanatory statement

F1111

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of rights on contracts of employment

F1212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1313

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1414

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1515

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings for contravention of paragraph 10

F1616

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on contracting out of Schedule

F1717

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional modifications relating to maternity cases

F1818

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dismissal on grounds of assertion of statutory right

F1919

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dismissal procedures agreements

F2020

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conciliation

F2121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of certain other provisions of 1978 Act

F2222

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Keeping of records relating to Sunday employment

F2323

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment of children in street trading on Sunday

24

In section 20 of the M6Children and Young Persons Act 1933, subsection (3) (which provides that byelaws under that section may not authorise a child to engage, or be employed, on a Sunday in street trading of a description to which certain provisions of Part IV of the Shops Act 1950 do not apply) shall cease to have effect.

SCHEDULE 5 Repeals

Section 9(2).

Chapter

Short title

Extent of repeal

1933 c. 12.

The Children and Young Persons Act 1933.

Section 20(3).

1950 c. 28.

The Shops Act 1950.

Sections 47 to 66.

In section 71(7)(b), the words “or Part IV”.

Schedules 5, 6 and 7.

1962 c. 35.

The Shops (Airports) Act 1962.

In section 1(1) the words from “and of” to “Sunday trading)”.

1963 c. 33.

The London Government Act 1963.

Section 51(3).

1963 c. 37.

The Children and Young Persons Act 1963.

Section 35(3).

1965 c. 35.

The Shops (Early Closing Days) Act 1965

In section 4(2), the words from “and, notwithstanding” to the end.

1969 c. 48.

The Post Office Act 1969.

In Schedule 4, in paragraph 51, the words from “and Schedule 5” to “on Sunday)”.

1986 c. 31.

The Airports Act 1986.

Section 70.

In Schedule 5, paragraph 15.

1989 c. 38.

The Employment Act 1989.

In Schedule 3, in Part III, paragraph 2(c).