PART III.

Hours of Trading on Weekdays.

Definitions for purposes of Part III.

21. —In this Part of this Act—

the expression “the Act of 1912” means the Shops Act, 1912;

the expression “existing closing order” means a closing order made under section 5 of the Act of 1912 and in force immediately before the commencement of this Part of this Act.

Exempted businesses for the purposes of Part III.

22. —(1) Each of the following businesses shall be an exempted business for the purposes of this Part of this Act, that is to say:—

(a) subject to the operation of an order made by the Minister under sub-section (2) of this section, any business specified in Part I of the Third Schedule to this Act;

(b) any business declared by an order, made by the Minister under sub-section (3) of this section and for the time being in force, to be an exempted business for the purposes of this Part of this Act.

(2) The Minister may, whenever and so often as he thinks fit, by order under this sub-section declare that any business specified in Part I of the Third Schedule to this Act shall cease to be an exempted business for the purposes of this Part of this Act and upon the coming into force of such order such business shall cease to be an exempted business for the said purposes.

(3) The Minister may, whenever and so often as he thinks fit, by order under this sub-section declare that any business shall be an exempted business for the purposes of this Part of this Act.

(4) The Minister may by order under this sub-section revoke any order made by him under the immediately preceding sub-section.

Scheduled businesses for purposes of Part III.

23. —Each of the following businesses shall be a scheduled business for the purposes of this Part of this Act, that is to say:—

(a) any excepted business;

(b) any business which is for the time being an exempted business for the purposes of this Part of this Act.

Restricted application of Part III to certain shops.

24. —(1) Neither this Part of this Act nor an hours of trading order nor an existing closing order shall apply to any shop in which either the only business carried on therein is a scheduled business or all the businesses carried on therein are scheduled businesses.

(2) Where—

(a) any excepted business is carried on in a shop, and

(b) any other business (not being a scheduled business) is carried on in such shop,

nothing contained in this Part of this Act or in an hours of trading order or an existing closing order shall render it unlawful for the proprietor of such shop to keep such shop open for the serving of customers at any time on any weekday if while such shop is so kept open no transaction (other than a transaction connected with such excepted business) is carried out therein.

Hours of trading orders.

25. —(1) Subject to the provisions of this Act, the Minister may, whenever and so often as he thinks fit, by order (in this Act referred to as an hours of trading order) do the following things, that is to say:—

(a) declare that a particular area specified in or delimited by such order shall be a trading area for the purposes of such order; and

(b) either—

(i) declare that it shall not be lawful for the proprietor of any shop situate in such trading area to open or keep open such shop for the serving of customers on any weekday before a specified hour or after a specified hour (not being earlier than the hour of 6 p.m.), or

(ii) declare that it shall not be lawful for the proprietor of any shop of a specified class (defined in such manner and by reference to such things as the Minister thinks proper) situate in such trading area to open or keep open such shop for the serving of customers on any weekday before a specified hour or after a specified hour (not being earlier than the hour of 6 p.m.);

and such order may contain different provisions in relation to different days and in relation to different periods of the year.

(2) The following provisions shall apply in respect of every hours of trading order made in relation to a particular area, that is to say:—

(a) such order may relate to more than one class of shops and in that case may contain different provisions in relation to each class of shops to which it applies;

(b) such order may divide such area into such and so many sub-areas as the Minister thinks fit, and in that case may contain different provisions in relation to each of such sub-areas;

(c) such order may contain provisions authorising the serving of customers outside the hours specified therein in cases of emergency and such other eases as may be specified in such order.

(3) The Minister may by order under this sub-section revoke or amend any hours of trading order or any order made under this sub-section.

(4) If whenever an hours of trading order is in force, the proprietor of a shop to which such order applies acts in contravention of any of the provisions of such order which are applicable to such shop, such proprietor shall, subject to the provisions of this Part of this Act, be guilty of an offence under this section.

Continuance in force of existing closing orders.

26. —(1) Every existing closing order shall, notwithstanding the repeal of section 5 of the Act of 1912, but subject to the provisions of this section, continue in force.

(2) The Minister may by order revoke or amend an existing closing order.

(3) Immediately upon the coming into force of an hours of trading order every existing closing order shall, if and so far as it relates to any shop to which such hours of trading order applies, cease to apply in respect of such shop.

(4) If in respect of any shop to which an existing closing order for the time being in force applies, there is a contravention of such order, the proprietor of a shop shall, subject to the provisions of this Part of this Act, be guilty of an offence under this section.

(5) Any existing closing order may be proved by the production of a copy thereof certified to be a true copy by a person purporting to be the clerk of the local authority by whom the order was made or by a person purporting to be an officer of the Minister.

Temporary suspension of hours of trading orders and existing closing orders.

27. —(1) The Minister may, whenever and so often as he thinks fit, by order (in this sub-section referred to as a suspensory order) declare that during any specified period either—

(a) the operation of an hours of trading order or an existing closing order shall be suspended, or

(b) that an hours of trading order or an existing closing order shall have effect subject to such modifications as may be specified in such suspensory order,

and whenever any suspensory order is made then for the purposes of this Part of this Act, the hours of trading order or the existing closing order (as the case may be) to which such suspensory order relates shall during the period specified in such suspensory order be suspended or have effect (as the case may be) in accordance with the terms of such suspensory order.

(2) Where—

(a) any retail trade or business is carried on in any premises at an exhibition or show, and

(b) the Minister is satisfied that such retail trade or business is subsidiary or ancillary to the main purpose of such exhibition or show, and

(c) an hours of trading order or an existing closing order applicable to such premises is in force,

the Minister may direct that during any specified period during the continuance of such exhibition or show, such hours of trading order or such existing closing order shall, in its application to such premises, have effect subject to such modifications as may be specified in such direction, and whenever any direction is given then for the purposes of this Part of this Act the hours of trading order or the existing closing order (as the case may be) to which such direction relates shall during the period specified in such direction have effect in accordance with the terms of such direction.

Application of different hours of trading orders and existing closing orders to a shop in which several businesses are carried on.

28. —(1) Where—

(a) an hours of trading order or an existing closing order relates to two or more classes of shops, and

(b) a particular shop to which such order applies falls within more than one of the said classes,

the provisions of such order relating to one of the said classes within which such shop falls shall not be construed as affecting in any way the application to such shop of the provisions of such order relating to any other of the said classes within which such shop falls.

(2) Where two or more hours of trading orders are applicable to the same shop nothing contained in any one of such orders shall be construed as affecting in any way the application to such shop of the other or others of such orders.

(3) Where two or more existing closing orders are applicable to the same shop, nothing contained in any one of such orders shall be construed as affecting in any way the application to such shop of the other or others of such orders.

Saving for provisions of Part II.

29. —Nothing in an hours of trading order or an existing closing order shall be construed as limiting or affecting the operation of the provisions of Part II of this Act relating to closing of shops at 1 p.m. on weekly half-holidays.

Restriction on retail trading in places other than shops on weekdays.

30. —(1) Whenever an hours of trading order or an existing closing order in relation to any area is in force, then subject to such exemptions and conditions (if any) as may be contained in such order, it shall not be lawful for any person to carry on in any place, not being a shop, or from any vehicle within that area any retail trade or business at any time when, if such place or vehicle were a shop to which such order applies and such person were the proprietor of such shop, such person would by so doing be guilty of an offence under any section (other than this section) contained in this Part of this Act.

(2) If any person acts in contravention of this section, such person shall be guilty of an offence under this section.

(3) Nothing in this section shall—

(a) be construed as rendering unlawful the attendance of a barber or hairdresser on a customer in the customer's residence or the holding of an auction sale of private effects in a private dwelling house; or

(b) apply to the sale of newspapers.