C1C2C3Part I Hours of Closing
Pt. I (ss. 1-16) excluded (E.W.) (26.8.1994) by 1994 c. 20, s. 5(1); S.I. 1994/1841, art. 2
Pt. I (ss. 1-16) excluded (14.10.1994) by S.I. 1994/2478, art. 3
Early closing days
1 Closing of shops on weekly half-holiday. C4
1
Every shop shall be closed for the serving of customers not later than one o’clock in the afternoon on one week day in every week.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
4
Where the local authority have reason to believe that a majority of the occupiers of shops of any particular class in any area are in favour of being exempted from the provisions of this section, . . . . . . F3 the local authority, unless they consider that the area in question is unreasonably small, shall take steps to ascertain the wishes of such occupiers.
If the local authority are satisfied that a majority of the occupiers of such shops are in favour of the exemption, or, in the case of a vote being taken, that at least one half of the votes recorded by the occupiers of shops within the area of the class in question are in favour of the exemption, the local authority shall make an order exempting the shops of that class within the area from the provisions of this section . . . . . . F3
5
Where a shop is closed during the whole day on the occasion of a bank holiday, and that day is not the day fixed for the F4early closing day, it shall be lawful for the occupier of the shop to keep the shop open for the serving of customers after the hour at which it is required under this section to be closed either on the F4early closing day immediately preceding, or on the F4early closing day immediately succeeding, the bank holiday.
6
This section shall not apply to any shop in which the only trade or business carried on is trade or business of any of the classes mentioned in the First Schedule to this Act, . . . . . . F5
7
Nothing in this section shall prevent the serving of a customer at any time at which the shop is required to be closed under this section if it is proved either that the customer was in the shop before the time when the shop was required to be closed, or that there was reasonable ground for believing that the article supplied to the customer was required in the case of illness.
8
Nothing in this section shall prevent customers from being served at a time when the shop in which they are served is required to be closed with victuals, stores, or other necessaries for a ship, on her arrival at, or immediately before her departure from, a port.
General closing hours
2 General closing hours.
1
Every shop shall be closed for the serving of customers—
a
. . . . . . F6
b
. . . . . . F7 not later than nine o’clock in the evening on the late day and eight o’clock in the evening on any other day of the week:
. . . . . . F8
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
3
Nothing in this section shall prevent—
a
the serving of a customer where it is proved that the customer was in the shop before the closing hour, or that reasonable grounds existed for believing that the article supplied after the closing hour to a customer was required in the case of illness; or
b
any transaction mentioned in the Second Schedule to this Act.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
E13 The late day.
The late day referred to in the last foregoing section shall be Saturday unless the local authority by order fix F10some other week day as the late day, and any such order may fix the same day for all shops or may fix—
a
different days for different classes of shops;
b
different days for different parts of their area; or
c
different days for different periods of the year:
. . . . . . F11
E23 The late day.
The late day referred to in the last foregoing section shall be Saturday unless the local authority by order fix some other day as the late day, and any such order may fix the same day for all shops or may fix—
a
different days for different classes of shops;
b
different days for different parts of their area; or
c
different days for different periods of the year:
. . . . . . F12
4 Special provision for tobacco and smokers’ requisites. C5
As respects the trade or business of selling tobacco and smokers’ requisites—
a
. . . . . . F13
b
a local authority may, in their area, or in any part thereof, by order substitute for the hours fixed by paragraph (b) of the said subsection (1) later hours, not being later than ten o’clock in the evening on the late day or half past nine o’clock in the evening on any other day, if they are satisfied that such an order is desired by the occupiers of at least two-thirds in number of the shops to be affected by the order.
5F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Special provision for confectionery.
As respects the trade or business of selling table waters, sweets, chocolates or other sugar confectionery or ice cream, the following hours shall be substituted for those set out in subsection (1) of section two of this Act, that is to say—
a
. . . . . . F15
b
. . . . . . F16 ten o’clock in the evening on the late day and half past nine o’clock in the evening on any other day:
Provided that a local authority may in their area or any part thereof by order substitute for either of the hours mentioned in paragraph (b) of this subsection an earlier hour, not being earlier than eight o’clock in the evening, if they are satisfied that such an order is desired by the occupiers of a majority of the shops to be affected by the order.
7F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Closing orders
8 Closing orders.
1
An order (in this Act referred to as “a closing order”) made by a local authority, . . . F18, may fix the hours on the several days of the week at which, either throughout the area of the local authority or in any specified part thereof, all shops or shops of any specified class are to be closed for serving customers.
2
The hour fixed by a closing order shall not be earlier than seven o’clock in the evening on any day of the week.
3
The order may—
a
define the shops and trades to which the order applies; and
b
authorise sales after the closing hour fixed by the order in cases of emergency and in such other circumstances as may be specified or indicated in the order; and
c
contain any incidental, supplemental, or consequential provisions which may appear necessary or proper.
4
Nothing in the foregoing provisions of this Act relating to general closing hours shall affect the power of a local authority by a closing order under this section to fix closing hours earlier than the general closing hours fixed by or under this Act:
Provided that any closing order shall be of no effect in so far as it authorises sales after the general closing hours fixed by or under this Act or contains provisions inconsistent with the provisions of this Act relating to general closing hours.
5
Nothing in any closing order shall prevent—
a
the serving of a customer where it is proved that the customer was in the shop before the closing hour fixed by the order, or that reasonable grounds existed for believing that the article supplied after that hour was required in the case of illness; or
b
any transaction mentioned in the Second Schedule to this Act.
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
9 Procedure for making closing orders.
1
Whenever a local authority are satisfied that a primâ facie case is made out for making a closing order, the authority shall give public notice in the prescribed manner and in the prescribed form of their intention to make an order, specifying therein a period (not being less than the prescribed period) within which objections may be made to the making of the proposed order, and, if after taking into consideration any objections they may have received the local authority are satisfied that it is expedient to make the order and that the occupiers of at least two-thirds in number of the shops to be affected by the order approve the order, they may make the order.
2
Notice of the provisions of the order shall be given, and copies thereof shall be supplied, in the prescribed manner, . . . F20
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
10F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11F23 Revocation of closing orders.
A local authority may at any time revoke a closing order either absolutely or, if it is made to appear to the satisfaction of the authority that the occupiers of a majority of any class of shop to which the order applies are opposed to the continuance of the order, so far as it affects that class of shop, but any such revocation shall be without prejudice to the making of any new closing order.
Trading outside shops and shops with several trades
12 Trading elsewhere than in shops. C6
It shall not be lawful in any locality to carry on in any place not being a shop retail trade or business of any class at any time F24on a week day when it would be unlawful in that locality to keep a shop open for the purposes of retail trade or business of that class, and, if any person carries on any trade or business in contravention of this section, this Part of this Act and the provisions in Part V for the enforcement of this Act shall apply as if he were the occupier of a shop and the shop were being kept open in contravention of this Part of this Act:
Provided that—
a
the prohibition imposed by this section shall, . . . . . . F25, be subject, in so far as the prohibition is affected by any closing order, to such exemptions and conditions, if any, as may be contained in the order; and
b
nothing in this section shall be construed as preventing a barber or hairdresser from attending a customer in the customer’s residence, or the holding of an auction sale of private effects in a private dwelling-house; and
c
nothing in this section shall apply to the sale of newspapers.
13 Shops where more than one trade or business is carried on.
1
Where several trades or businesses are carried on in the same shop, and any of those trades or businesses is of such a nature that, if it were the only trade or business carried on in the shop, the shop would be exempt from the obligation to be closed on the F26early closing day, the exemption shall apply to the shop so far as the carrying on of that trade or business is concerned, subject, however, to such conditions as may be prescribed.
2
Where several trades or businesses are carried on in the same shop and any of those trades or businesses consists only of transactions of such a nature that, if they were the only transactions carried on in the shop, the provisions of this Act relating to general closing hours would not apply to the shop, the shop may be kept open after the general closing hours for the purposes of those transactions alone, subject, however, to such conditions as may be prescribed.
3
Where several trades or businesses are carried on in the same shop and any of those trades or businesses is of such a nature that if it were the only trade or business carried on in the shop a closing order would not apply to the shop, the shop may be kept open for the purposes of that trade and business alone after the closing hour fixed by the closing order, but on such terms and under such conditions as may be specified in the order.
4
Where several trades or businesses are carried on in the same shop, the local authority may require the occupier of the shop to specify which trade or business he considers to be his principal trade or business, and no trade or business other than that so specified shall, for the purpose of determining a majority or any proportion or number of occupiers or of shops for the purposes of this Part of this Act, be considered as carried on in the shop unless the occupier of the shop satisfies the local authority that it forms a substantial part of the business carried on in the shop.
Supplemental
14 Offences under Part I. C7
1
In the case of any contravention of any of the provisions of section one of this Act, the occupier of the shop shall be liable to a fine not exceeding—
a
in the case of a first offence, F27level 1 on the standard scale;
b
in the case of a second offence, F27level 1 on the standard scale; and
c
in the case of a third or subsequent offence, F27level 1 on the standard scale.
2
In the case of any contravention of any provisions of this Part of this Act not punishable under the foregoing subsection, or of any contravention of a closing order, or of any breach of a condition imposed by any order made under subsection (2) of section two of this Act, the occupier of the shop shall be liable to a fine not exceeding—
In considering for the purposes of this subsection whether an offence is or is not a first offence, any offence under subsection (3) of section forty-one or subsection (3) of section forty-two of this Act shall be treated as if it were an offence under this subsection.
15 Expenses of Secretary of State.
Any expenses incurred by the Secretary of State under this Part of this Act, including the remuneration of any person holding a local inquiry under section ten of this Act, shall, to such extent as may be sanctioned by the Treasury, be paid out of moneys provided by Parliament.
16 Local inquiries.
In addition to the local inquiries which the Secretary of State is empowered to hold under section ten of this Act, the Secretary of State may cause a local inquiry to be held for the purposes of any of his powers and duties under this Part of this Act, and, save in Scotland, the costs incurred in relation to any such last-mentioned inquiry, including the salary of any officer engaged in the inquiry, not exceeding F30£3.15p a day, shall be paid by the local authority concerned, and the Secretary of State may certify the amount of the costs incurred.
Any sums so certified shall be a debt to the Crown from the local authority.
Part II Conditions of Employment
Statutory half-holiday and meal times
17 Statutory half-holiday for shop-assistants.
1
Subject to the provisions of this Part of this Act, on at least one week day in each week a shop assistant shall not be employed about the business of a shop after half-past one o’clock in the afternoon:
Provided that this provision shall not apply to the week preceding a bank holiday if the shop assistant is not employed on the bank holiday, and if on one week day in the following week in addition to the bank holiday the employment of the shop assistant ceases not later than half-past one o’clock in the afternoon.
2
The occupier of a shop shall fix, and shall specify in a notice in the prescribed form, which must be affixed in the shop in such manner and at such time as may be prescribed, the day of the week on which his shop assistants are not employed after half-past one o’clock and may fix different days for different shop assistants.
3
In the case of any contravention of this section, the occupier of the shop shall be liable to a fine not exceeding—
a
in the case of a first offence, F31level 1 on the standard scale;
b
in the case of a second offence, F31level 1 on the standard scale; and
c
in the case of a third or subsequent offence, F31level 1 on the standard scale—
unless, in the case of a shop assistant employed after half-past one o’clock in contravention of this section, he proves that the shop assistant was employed merely for the purpose of serving a customer whom he was serving at that time, or, where the time for closing the shop was also half-past one o’clock, that the shop assistant was employed merely for the purpose of serving customers who were in the shop at that time.
In considering for the purposes of this subsection whether an offence is a first, second or subsequent offence, any offence under subsection (2) of section nineteen of this Act shall be treated as if it were an offence under this subsection.
18F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19 Meal times.
1
Intervals for meals shall be allowed to each shop assistant in accordance with Part I of the Third Schedule to this Act:
Provided that this section shall not apply to a shop if the only persons employed as shop assistants are members of the family of the occupier of the shop, maintained by him and dwelling in his house.
2
In the case of any contravention of the provisions of this section, the occupier of a shop shall be liable to a fine not exceeding—
a
in the case of a first offence, F33level 1 on the standard scale;
b
in the case of a second offence, F33level 1 on the standard scale; and
c
in the case of a third or subsequent offence, F33level 1 on the standard scale.
In considering for the purposes of this subsection whether an offence is a first, second or subsequent offence, any offence under subsection (3) of section seventeen of this Act shall be treated as if it were an offence under this subsection.
20F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 Application of foregoing provisions to premises for the sale of refreshments.
1
This section applies to shop assistants employed in any premises for the sale of refreshments, whether licensed for the sale of intoxicating liquor or not, if their employment is wholly or mainly in connection with the sale of intoxicating liquors or refreshments for consumption on the premises.
2
The foregoing sections of this Part of this Act shall not apply to shop assistants to whom this section applies if the occupier of the premises in which they are employed, by such a notice as is hereinafter mentioned, signifies that he elects that, instead of those provisions, the following provisions shall apply.
3
The said provisions are—
a
that no assistant to whom this section applies shall be employed for more than sixty-five hours in any week exclusive of meal times;
b
that provision shall be made for securing to every assistant to whom this section applies—
i
thirty-two whole holidays on a week day in every year of which at least two shall be given within the currency of each month and which shall comprise a holiday on full pay of not less than six consecutive days so, however, that two half holidays on a week day shall be deemed equivalent to one whole holiday on a week day;
ii
twenty-six whole holidays on Sunday in every year, so distributed that at least one out of every three consecutive Sundays shall be a whole holiday;
c
that unless the only persons employed as shop assistants are members of the family of the occupier of the premises maintained by him and dwelling in his house—
i
intervals for meals shall be allowed to every assistant to whom this section applies amounting on a half holiday to not less than three-quarters of an hour, and on every other day to not less than two hours, and
ii
no assistant shall be employed for more than six hours without being allowed an interval of at least half an hour;
d
that the occupier shall affix and constantly maintain in a conspicuous position in the premises a notice in the prescribed form referring to the provisions of this section, and stating the steps taken with a view to compliance therewith.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
5
Where the occupier of any premises has signified as aforesaid that he elects that the foregoing provisions of this section shall apply, and any of those provisions are not complied with, the occupier of the premises shall be liable to a fine not exceeding—
a
in the case of a first offence, F36level 1 on the standard scale; and
b
in the case of a second offence, F36level 1 on the standard scale; and
c
in the case of a third or subsequent offence, F36level 1 on the standard scale.
6
For the purposes of this section, the expression “half holiday” means a day on which the employment of an assistant ceases not later than three o’clock in the afternoon and on which he is not employed for more than six hours including meal-time.
7
A notice under this section may be withdrawn by the occupier of the shop at the expiration of a year from the date when it was given, and thereafter at the expiration of any succeeding year, and upon any such withdrawal the foregoing sections of this Part of this Act shall apply to the shop in like manner as before the notice was given.
8
The foregoing sections of this Part of this Act and Part III of this Act shall, in their application to any premises in respect to which a notice under this section is in force, have effect as though the expression “shop assistant” included all persons wholly or mainly employed in any capacity at the premises in connection with the business there carried on.
Sunday Employment in England and Wales
22 Sunday employment. C9
1
No person shall be employed on Sunday about the business of a shop which is open for the serving of customers on that day unless the following requirements are complied with—
a
in the case of a person so employed for more than four hours on any Sunday, that person shall—
i
receive in respect of his employment on that Sunday a whole holiday on a day other than that of his statutory half-holiday, if any, and that whole holiday shall be on a weekday of the week beginning with that Sunday unless he has, in respect of his employment on that Sunday, already received such a holiday on a weekday of the previous week;
ii
not be employed about the business of a shop on more than two other Sundays in the same month;
b
in the case of a person not so employed for more than four hours on a Sunday in any month, that person shall receive in respect of his employment on any Sunday in the month a half-holiday in addition to his statutory half-holiday, if any, and that additional half-holiday shall be on a weekday of the week beginning with that Sunday unless he has, in respect of his employment on that Sunday, already received such a half-holiday on a weekday of the previous week:
Provided that this subsection shall not apply—
- i
to any person employed wholly or mainly in connection with the sale of intoxicating liquor; or
- ii
to any shop assistant employed in any premises for the sale of refreshments to whom the provisions of paragraphs (a), (b), (c) and (d) of subsection (3) of the last foregoing section apply by virtue of an election made under that section by the occupier of the premises; or
- iii
to any person employed wholly or mainly as a milk roundsman; or
- iv
to any person wholly employed in the transaction of post office business; or
- v
to any registered pharmacist within the meaning of the M1Pharmacy and Poisons Act 1933, employed in connection with the sale or supply of medicines or medical or surgical appliances in any premises required to be kept open on Sunday for the serving of customers in pursuance of a contract between the occupier of the premises and F37a Family Practitioner Committee—
- a
if he is not employed for more than two hours on that Sunday, and has not been employed on the previous Sunday, and
- b
if on a weekday (other than the day of the statutory half-holiday) of the previous week or of the week commencing with the Sunday on which he is so employed, either he has not been, or will not be, employed before half-past ten o’clock in the morning, or has not been, or will not be, employed after six o’clock in the afternoon.
- a
2
For the purposes of this section—
a
a person who works about the business of a shop for the occupier thereof shall be deemed to be employed notwithstanding that he receives no reward for his labour;
b
in relation to any person employed about the business of a shop the following expressions have the meanings hereby respectively assigned to them, that is to say,
“whole holiday” means a day on which that person is not employed about the business of that shop;
“statutory half-holiday” means a day on which under section seventeen of this Act he is not employed about the business of that shop after half-past one o’clock in the afternoon;
“half-holiday” means a day on which he is either not employed before, or not employed after, half-past one o’clock in the afternoon of that day about the business of that shop.
3
The occupier of any shop which F38is lawfully open for the serving of customers on Sunday shall keep in the prescribed form and in the prescribed manner a record of the names of and the hours worked by all the persons employed about the business of the shop on Sunday who are entitled to any holidays prescribed by this section, and of the respective days of the week upon which those persons receive those holidays.
4
Nothing in this section shall authorise the employment of any person at any time when it would under any other provision of this Act or under F39section 9 of the Cinemas Act 1985, be unlawful for him to be so employed.
5
Nothing in this section shall apply to the carrying on on Sunday of the business of a retail dealer in butchers’ meat.
C106
In the case of any contravention of this section, the occupier of the shop shall be liable to a fine not exceeding—
a
in the case of a first offence, F40£25;
b
in the case of a second or subsequent offence, F40£50.
In considering for the purposes of this subsection whether an offence is or is not a first offence, any offence under subsection (1) of section fifty-nine of this Act shall be treated as if it were an offence under this subsection.
7
This section shall not extend to Scotland.
23 Sunday employment in retail trading elsewhere than in shops.
The last foregoing section shall extend to any place outside Scotland where any retail trade or business is carried on as if that place were a shop, and as if in relation to any such place the person by whom the retail trade or business is carried on were the occupier of a shop, but as so extended shall apply only to persons wholly or mainly employed in connection with the retail trade or business carried on at that place.
Hours of Employment of Young Persons
24F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38F43 Sanitary and other arrangements in shops.
1
In every part of a shop in which persons are employed about the business of the shop—
a
suitable and sufficient means of ventilation shall be provided and suitable and sufficient ventilation shall be maintained;
b
suitable and sufficient means shall be provided to maintain a reasonable temperature and a reasonable temperature shall be maintained.
2
In every shop, not being a shop exempted from the provisions of this subsection, there shall be provided and maintained suitable and sufficient sanitary conveniences available for the use of persons employed in or about the shop.
3
In every part of a shop in which persons are employed about the business of the shop, suitable and sufficient means of lighting shall be provided, and every such part of a shop shall be kept suitably and sufficiently lighted.
4
In every shop, not being a shop exempted from the provisions of this subsection, there shall be provided and maintained suitable and sufficient washing facilities available for the use of persons employed in or about the shop.
5
Where persons employed about the business of a shop take any meals in the shop, there shall be provided and maintained suitable and sufficient facilities for the taking of those meals.
6
A shop shall be exempted from the provisions of subsection (2) or of subsection (4) of this section if there is in force a certificate exempting that shop therefrom granted by the authority whose duty it is to enforce those provisions respectively.
Any such certificate shall remain in force until it is withdrawn by the authority, but no such certificate shall be granted with respect to any shop unless the authority are satisfied that by reason of restricted accommodation or other special circumstances affecting the shop it is reasonable that such a certificate should be in force with respect thereto, and that suitable and sufficient sanitary conveniences or washing facilities, as the case may be, are otherwise conveniently available, and, subject as hereinafter provided, a certificate in force with respect to any shop shall be withdrawn if the authority at any time cease to be so satisfied as aforesaid:
Provided that, if the occupier of a shop is aggrieved by the withdrawal of such a certificate, he may appeal to the county court for the district in which the shop is situated and that court may make such order concerning the certificate as appears to the court, having regard to the matters aforesaid, to be just and equitable.
7
If it appears to the authority whose duty it is to enforce any provision of this section that there has been, in the case of any shop, a contravention of that provision, the authority shall, by notice served on the owner or occupier of the shop, require him to take, within such time as may be limited by the notice, such action as may be specified in the notice for the purpose of securing compliance with the said provision.
If any person served with such a notice fails to comply with the requirements thereof, he shall be liable—
a
to a fine not exceeding twenty pounds, or
b
in the case of a second or subsequent conviction in respect of the same requirement, to a fine not exceeding fifty pounds or five pounds for every day since the first conviction in respect of that requirement, whichever is the greater:
Provided that it shall be a defence to any proceedings under this subsection to prove that there was no contravention of the provisions of this section, or that the requirements of any such notice as aforesaid were, within a reasonable time after service of the notice, complied with in so far as they were necessary to secure compliance with the provisions of this section.
8
In this section—
“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;
“suitable and sufficient” means, in relation to any shop or part of a shop, suitable and sufficient having regard to the circumstances and conditions affecting that shop or part.
9
For the purposes of this section, a person who works about the business of a shop for the occupier thereof, or in connection with any retail trade or business for the person by whom it is carried on, shall be deemed to be employed, notwithstanding that he receives no reward for his labour.
10
For the purposes of this section, employment in connection with a wholsesale shop or a warehouse occupied by a wholesale dealer or merchant which is neither—
a
employment within the premises; nor
b
employment in the collection or delivery of goods or in attendance upon customers or in carrying messages or running errands,
shall not be deemed to be employment about the business of a shop; but, save as aforesaid, any employment in the service of the occupier of a shop upon any work, whether within the shop or outside it, which is ancillary to the business carried on at the shop shall be deemed to be employment about the business of a shop, and that expression shall be construed accordingly.
39 Apportionment of expenses under last section.
1
If any person, being either the owner or the occupier of a shop, who has incurred or is about to incur any expense for the purpose of securing that the requirements of the last foregoing section are complied with with respect to the shop, alleges that the whole or any part of the expense ought to be borne by any other person having an interest in the premises, he may apply to the county court for the district in which the shop is situated and that court may make such order concerning the expenses or their apportionment as appears to the court, having regard to all the circumstances of the case, including the terms of any contract between the parties, to be just and equitable, and any order made under this section may direct that any such contract as aforesaid shall cease to have effect in so far as it is inconsistent with the terms of the order.
2
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.
Part III Modifications of Parts I and II in special cases
40 Suspension of weekly half-holiday in holiday resorts.
1
In places frequented as holiday resorts during certain seasons of the year the local authority may by order suspend, for such period or periods as may be specified in the order, not exceeding in the aggregate four months in any year, the obligation imposed by this Act to close shops on the F44early closing day.
2
Any order made under this section may be made so as to apply to the whole or to any part of the area of the local authority, and to all shops, or to shops of any class, within that area or part.
3
Where the occupier of any shop in any place in which any such order of suspension is in force satisfies the local authority that it is the practice to allow all his shop assistants a holiday on full pay of not less than two weeks in every year, and keeps affixed in his shop a notice to that effect, the requirement that on one day in each week a shop assistant shall not be employed after half-past one o’clock shall not apply to the shop during such period or periods as aforesaid.
41 Alteration of general closing hours in holiday resorts and sea fishing centres.
1
In places frequented as holiday resorts during certain seasons of the year, and in places where sea fishing is principally carried on during certain seasons of the year, the local authority shall by order, during such period as may be specified in the order, substitute for the general closing hours fixed by or under this Act such later hours as they may think fit if, upon application being made to them for an order under this section, they are satisfied that such an order is desired by the occupiers of a majority of the shops to be affected by the order:
Provided that the local authority shall not in any year by orders under this subsection substitute later hours for the general closing hours fixed by this Act for periods exceeding four months in the aggregate in that year.
2
Any order under this section—
a
may be made so as to apply to the whole or to any part of the area of the local authority, and to all shops, or to shops of any class, within that area or part; and
b
shall be made subject to such conditions as the local authority may consider necessary for securing that shop assistants affected by the order shall not be employed in or about the business of a shop for more than such number of hours as may be specified by the order; and
c
may suspend the operation of any closing order which is for the time being in force in the area of the local authority.
3
In the case of any breach of a condition imposed by any order made under this section, the occupier of the shop shall be liable to a fine not exceeding—
In considering for the purposes of this subsection whether an offence is or is not a first offence, any offence under subsection (2) of section fourteen or subsection (3) of section forty-two of this Act shall be treated as if it were an offence under this subsection.
4
If, while orders made under this section are in force, any shop assistant affected by any order under this section is, in any year, employed in or about the business of a shop for extra hours, he shall, subject to the provisions of the Fourth Schedule to this Act, be entitled to corresponding holidays, calculated in accordance with the provisions of that Schedule, with full wages.
If at the date of the termination of his employment or at the end of the year, whichever first occurs, default has been made in granting to him any holiday or wages to which he is entitled under this subsection, the shop assistant may recover as a debt due from the employer for every day’s holiday in respect of which such default has been made a sum equal to one-sixth of the highest weekly rate of wages paid to him in respect of his employment in or about the business of the shop during the year or the part thereof during which he has been employed therein.
5
For the purposes of this section and the said Fourth Schedule—
“extra hours” means, in relation to any shop assistant, hours in excess of the customary working day, being hours after the general closing hours fixed by or under this Act otherwise than by an order made under this section;
“customary working day” means, in relation to any shop assistant, the daily number of hours during which shop assistants of his class are, while unaffected by any order made under this section, customarily employed in or about the business of the shop in which he is employed;
“full wages” means, in relation to any holiday granted to a shop assistant, wages at a rate equivalent to the rate of wages to which he was entitled immediately before the holiday.
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47
42 Alteration of general closing hours and closing orders for exhibitions.
1
As respects any retail trade or business carried on at an exhibition or show within the area of a local authority, the local authority may by order substitute for the general closing hours fixed by or under this Act, or for any closing hour fixed by a closing order, later hours, not being later than ten o’clock in the evening, if they are satisfied that the retail trade or business so carried on is subsidiary or ancillary only to the main purpose of the exhibition or show.
2
Any order under this section shall be made subject to such conditions as the local authority may consider necessary for securing that shop assistants affected by the order shall not be employed in or about the retail trade or business to which the order relates for more than such number of hours as may be specified by the order.
3
In the case of any breach of a condition imposed by any order made under this section, the occupier of the shop shall be liable to a fine not exceeding—
In considering for the purposes of this subsection whether an offence is or is not a first offence, any offence under subsection (2) of section fourteen or subsection (3) of section forty-one of this Act shall be treated as if it were an offence under this subsection.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50
43 Suspension of general closing hours and closing orders on special occasions.
1
The Secretary of State may by order for such periods as he thinks fit suspend the operation of the provisions of this Act relating to general closing hours during the Christmas season or in connection with any other special occasion, and while any order made under this subsection is in force the provisions of any closing order shall be deemed to be suspended except in so far as may be otherwise directed by the order of the Secretary of State.
The power of making orders under this subsection shall be exercisable by statutory instrument.
2
A local authority may, in connection with any special occasion, by order suspend the operation of the provisions of this Act relating to general closing hours and the provisions of any closing order made by them for such period as they may think fit:
Provided that a local authority shall not in any year by orders under this subsection suspend the operation of the said provisions for more than seven days in the aggregate in that year.
3
The Secretary of State may cause a local enquiry to be held for the purposes of any of his powers and duties under this section, and section sixteen of this Act shall apply in relation to any such local enquiry.
44 Exemptions for post office business. C13
1
Where post office business is carried on in any shop in addition to any other business, this Act shall apply to that shop subject to the following modifications:—
a
if the shop is a telegraph office, the obligation to close on the F51early closing day shall not apply to the shop so far as relates to the transaction of post office business thereat;
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52
2
Save as aforesaid, nothing in Part I or F53section seventeen or nineteen of this Act shall apply to post office business, or to any premises in which post office business is transacted.
45 Exemption for fairs, etc., and non-profit-making libraries. C14
Nothing in Part I or F54section seventeen, nineteen, twenty-one F55or section thirty-seven of this Act shall apply—
a
to any fair lawfully held or any bazaar or sale of work for charitable or other purposes from which no private profit is derived; or
b
to any library at which the business of lending books or periodicals is not carried on for purposes of gain other than that of making profits for some philanthropic or charitable object (including any religious or educational object), or for any club or institution which is not itself carried on for purposes of gain.
46 Exemption for Industrial and Provident Societies’ libraries. C15
Nothing in the provisions of Part I or II of this Act other than those relating to Sunday employment shall apply to any library which, on the first day of January, nineteen hundred and thirty-six, was carried on by a society registered under the Industrial and Provident Societies Acts 1893 to 1928, mainly for the purpose of affording to its members means of education or recreation, so long as the following conditions are complied with, that is to say—
a
that the library continues to be carried on by the society mainly for the purpose aforesaid;
b
that no pecuniary profit is directly derived from the lending of books or periodicals at or from the library;
c
that no person employed about the business of any shop occupied by the society is engaged about the business of the library.
Part IV Sunday Trading
General provisions in England and Wales
F5647. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5748. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5849. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5950. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6051. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6354. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6455. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6556. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6657. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6758. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6859. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Retail meat dealers’ shops in England and Wales
F6960. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7061. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7465. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Foregoing provisions of Part IV not to extend to Scotland
F7566. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Barbers and hairdressers in Scotland
67 Business of hairdresser or barber not to be carried on on Sunday.
1
Subject to the provisions of this section, it shall not be lawful for any person in Scotland to carry on the business of a hairdresser or barber on Sunday.
2
Notwithstanding anything in this or any other Act, any person carrying on the business of a hairdresser or barber in Scotland may at any time for the purposes of that business attend any person—
a
in any place if that person is unable, by reason of bodily or mental infirmity, to go to the place where such business as aforesaid is carried on; or
b
in any hotel if that person is resident therein; or
c
in any sea-going ship:
Provided that nothing in this subsection shall authorise the employment of any shop assistant in or about the business of a shop at any time when it would, under this Act, be unlawful for him to be so employed.
3
Notwithstanding anything in this or any other Act, any person of the Jewish religion may carry on the business of a hairdresser or barber in Scotland on Sunday on condition that he complies with the following provisions, that is to say—
a
he shall not carry on the business on Saturday; and
b
he shall previously give notice to the local authority of his intention to carry on the business on Sunday; and
c
if he carries on the business in any shop, he shall cause to be kept conspicuously posted in the shop a notice stating that it is open on Sunday for the purposes of the business, but is not open on Saturday for those purposes.
4
As respects any shop in which any such person carries on the said business on Sunday in compliance with the provisions of the last foregoing subsection, this Act shall have effect as if—
a
in subsection (1) of section one and subsection (1) of section seventeen, the references to weekdays were construed as references to weekdays other than Saturdays;
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76
5
Any person who contravenes the provisions of this section shall be liable to a penalty not exceeding—
Part V General
68F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69 Regulations. C16
1
The Secretary of State may make regulations—
a
for prescribing anything which under this Act is to be prescribed by regulations; and
b
as to the mode of ascertaining the opinion of occupiers of shops; and
c
as to conduct of local inquiries and matters incidental thereto; and
d
as to the procedure for obtaining the revocation of a closing order; and
2
The power of making regulations under this section shall be exercisable by statutory instrument.
70 Proof and revocation of orders of local authorities.
1
Any order made by a local authority under Parts I or III of this Act may be proved by the production of a copy thereof certified to be a true copy by a person purporting to be the F82proper officer of the local authority by whom the order was made.
2
Any order made by a local authority under this Act may, unless some other method of revocation is provided by this Act, be revoked by an order made in the like manner and subject to the like approval, if any, as the original order.
71 Enforcement.
1
It shall be the duty of every local authority to enforce within their district the provisions of this Act and of the orders made under those provisions, and for that purpose to institute and carry on such proceedings in respect of contraventions of the said provisions and such orders as aforesaid as may be necessary to secure observance thereof.
2
For the purpose of their duties under the foregoing subsection, it shall be the duty of every local authority to appoint inspectors, and an inspector so appointed shall, for the purposes of his powers and duties, have in relation to shops all the powers conferred in relation to factories on inspectors by F83section one hundred and forty-six of the M2Factories Act 1961, and that section and F83section one hundred and fifty of the same Act shall apply accordingly.
An inspector may, if so authorised by the local authority, institute and carry on any proceedings under this Act on behalf of the authority.
3
The following enactments in F83the M3Factories Act 1961, that is to say—
F83subsection (1) of section one hundred and sixty-four (which provides for the summary prosecution of offences),
F83subsection (2) of section one hundred and sixty-four (which relates to the terms of an information in proceedings under the Act),
F83subsection (7) of section one hundred and sixty-four (which disqualifies certain interested persons from acting as members of a court trying an offence),
F83section one hundred and sixty-five (which provides for an appeal from an order made by a court of summary jurisdiction in England or Wales),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84
F83subsection (4) of section one hundred and eighty-two (which confers on certain courts in Scotland power to deal with minor offences under the Act),
F83subsection (6) of section one hundred and eighty-two (which enables a prosecutor in Scotland to give evidence in the proceedings), and
F83subsection (7) of section one hundred and eighty-two (which renders a person convicted in Scotland of an offence against the Act liable in expenses),
shall, so far as they are applicable, have effect as if re-enacted in this Act and in terms made applicable thereto.
4
All fines imposed in any proceedings instituted by or on behalf of a local authority in pursuance of their powers and duties under this Act shall be paid to the local authority:
Provided that in England and Wales this subsection shall cease to have effect upon the coming into operation of section twenty-seven of the Justices of the M4Peace Act 1949.
5
Where an offence for which the occupier of a shop is liable under this Act has, in fact, been committed by some manager, agent, servant or other person, the manager, agent, servant or other person shall be liable to the like penalty as if he were the occupier.
6
Where the occupier of a shop is charged with an offence under this Act, he shall be entitled upon information duly laid by him to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, he proves to the satisfaction of the court that he has used due diligence to enforce the execution of this Act and that the said other person has committed the offence in question without his knowledge, consent or connivance, the said other person shall be summarily convicted of such offence, and the occupier shall be exempt from any fine.
7
The expression “shop” in this section—
a
so far as it relates to the enforcement of any other provision of this Act, has the same meaning as in that other provision; and
b
so far as it relates to the enforcement of any provision in Part II F85or Part IV of this Act which applies to retail trade or business carried on at any place not being a shop, includes a reference to any such place.
72F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 Local authorities.
1
In this Act the expression “local authority” means—
as respects the city of London, the common council;
F87as respects any London borough, the council of the borough and
elsewhere, the council of the district.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88
4
In Scotland, the foregoing provisions of this section shall not apply; and the expression “local authority” in the application of this Act to Scotland means F89an islands or a district council.
74 Interpretation.
1
In this Act, save where the context otherwise requires—
“bank holiday” includes any public holiday or day of public rejoicing or mourning;
“butcher’s meat” means beef, mutton, veal, lamb or pork (including livers, heads, feet, hearts, lights, kidneys or sweetbreads), whether fresh, chilled, frozen or salted, and includes Kosher meat;
“closing order” has the meaning assigned to it by section eight of this Act;
“contravention”, in relation to any provision, includes any failure to comply with that provision;
F90“early closing day” means as respects a shop, the day on which the shop is required to be closed for the serving of customers not later than one o’clock in the afternoon in pursuance of section 1 of this Act and the M5Shops (Early Closing Days) Act 1965;
“enactment” includes any Act, and any rule, regulation, bye-law or order made under any Act;
“factory” has the same meaning as in F91the M6Factories Act 1961;
“general closing hours” means the hours fixed by or under section two of this Act or the hours substituted therefor by or under any other provision of this Act;
“Kosher meat” means butchers’ meat killed and prepared by the Jewish ritual method;
“local authority” has the meaning assigned to it by the last foregoing section;
F92C17“owner”, in relation to any premises, has the same meaning as in the Public Health Act, 1936;
“prescribed” means prescribed by regulations made under section sixty-nine of this Act;
F92C17“Public Health Acts” means the Public Health Act, 1936, . . . F93
“residential hotel” means premises used for the reception of guests and travellers desirous of dwelling or sleeping therein;
“retail trade or business” includes the business of a barber or hairdresser, the sale of refreshments or intoxicating liquors, the business of lending books or periodicals when carried on for purposes of gain, and retail sales by auction, but does not include the sale of programmes and catalogues and other similar sales at theatres and places of amusement;
F92C17“sanitary authority” means, save as respects London, the council of a borough or urban or rural district, and as respects London, the sanitary authority for the purposes of the Public Health (London) Act, 1936;
“shop” includes any premises where any retail trade or business is carried on;
“shop assistant” means any person wholly or mainly employed in a shop in connection with the serving of customers or the receipt of orders or the despatch of goods;
“theatre” includes any place used for F94film exhibitions (within the meaning of the Cinemas Act 1985) and any music hall or other similar place of entertainment; and “performance” has a corresponding meaning;
“week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night;
. . . . . . F95
“wholesale shop” means premises occupied by a wholesale dealer or merchant where goods are kept for sale wholesale to customers resorting to the premises;
. . . . . . F96
“working hours” means the time during which the persons employed are at the disposal of the employer, exclusive of any intervals allowed for rest and meals; and “hours worked” has a corresponding meaning;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98
3
Any reference in this Act to any enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by any subsequent enactment.
75 General application to Scotland.
In the application of this Act to Scotland—
for any reference to a county court there shall be substituted a reference to the sheriff;
for any reference to intoxicating liquor there shall be substituted a reference to exciseable liquor;
F99C18for any reference to the Public Health Act, 1936, there shall be substituted a reference to the Public Health (Scotland) Act, 1897.
76 Repeal. C19
C201
The enactments set out in the Eighth Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
2
Nothing in this repeal shall affect any instrument made or other thing whatsoever done under any enactment repealed by this Act or under any enactment repealed by the M7Shops Act 1912, and every such instrument or other thing shall continue in force and, so far as it could have been made or done under this Act, shall have effect as if made or done under the corresponding provision of this Act.
3
Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or the corresponding enactment in this Act.
4
Where under any Act passed before this Act there is power to affect Acts passed or in force before a particular time and that power would, but for the passing of this Act, have included power to change the law which is reproduced in this Act, then that power shall include power to make such provision as will secure the like change in the law as reproduced in this Act notwithstanding that this Act is not an Act passed or in force before that time and notwithstanding that the terms of this Act, apart from this subsection, are not such as to render that power applicable.
5
77 Short title, extent and commencement.
1
This Act may be cited as the Shops Act 1950.
2
This Act shall not extend to Northern Ireland.
3
This Act shall come into operation on the first day of October, nineteen hundred and fifty.
Pt. I excluded by Shops (Airports) Act 1962 (c. 35), s. 1(1)(2)