Shops Act 1950 (repealed 1.12.1994)

Shops Act 1950

1950 CHAPTER 28 14 Geo 6

An Act to consolidate the Shops Acts 1912 to 1938, and certain other enactments relating to shops.

[28th July 1950]

Commencement Information

I1 Act wholly in force on 1.10.1950 see s. 77(3)

Part I E+W+S Hours of Closing

Modifications etc. (not altering text)

C1 Pt. I excluded by Shops (Airports) Act 1962 (c. 35), s. 1(1)(2)

C2 Pt. I (ss. 1-16) excluded (E.W.) (26.8.1994) by 1994 c. 20, s. 5(1); S.I. 1994/1841, art. 2

C3 Pt. I (ss. 1-16) excluded (14.10.1994) by S.I. 1994/2478, art. 3

Early closing days E+W+S

1 Closing of shops on weekly half-holiday. E+W+S

(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), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(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, . . . . . . F2 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 . . . . . . F2

(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 [F3 early 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 [F3 early closing day] immediately preceding, or on the [F3 early 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, . . . . . . F4

(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.

Textual Amendments

F1 S. 1(2)(3) repealed by Shops (Early Closing Days) Act 1965 (c. 35), s. 1(1)

F2 Words repealed by Shops (Early Closing Days) Act 1965 (c. 35), s. 2(1)

F3 Words substituted by virtue of Shops (Early Closing Days) Act 1965 (c. 35), s. 3

F4 Words repealed by Shops (Early Closing Days) Act 1965 (c. 35), s. 2(2)

Modifications etc. (not altering text)

C4 S. 1 extended by Shops (Early Closing Days) Act 1965 (c. 35), ss. 1(2)-(4), 4(2)

General closing hours E+W+S

2 General closing hours. E+W+S

(1) Every shop shall be closed for the serving of customers—

(a) . . . . . . F5

(b) . . . . . . F6 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:

. . . . . . F7

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F5 S. 2(1)(a) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

F6 Words repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

F7 S. 2(1) proviso repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

F8 Ss. 2(2), 2(4), 5, 7, 8(6) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

3 The late day. E+W

The late day referred to in the last foregoing section shall be Saturday unless the local authority by order fix [F9 some 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:

. . . . . . F10

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F9 Words in s. 3 substituted (E.W.) (26.8.1994) by 1994 c. 20, s. 5(2); S.I. 1994/1841, art. 2

F10 S. 3 proviso repealed by Shops (Early Closing Days) Act 1965 (c. 35), s. 4(1)(a)

3 The late day. S

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:

. . . . . . F107

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F107 S. 3 proviso repealed by Shops (Early Closing Days) Act 1965 (c. 35), s. 4(1)(a)

4 Special provision for tobacco and smokers’ requisites. E+W+S

As respects the trade or business of selling tobacco and smokers’ requisites—

(a) . . . . . . F11

(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.

Textual Amendments

F11 S. 4(a) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

Modifications etc. (not altering text)

C5 The “said subsection (1)” means s. 2(1) of this Act

5 F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F12 Ss. 2(2), 2(4), 5, 7, 8(6) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

6 Special provision for confectionery. E+W+S

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) . . . . . . F13

(b) . . . . . . F14 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.

Textual Amendments

F13 S. 6(a) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

F14 Words repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

7 F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F15 Ss. 2(2), 2(4), 5, 7, 8(6) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

Closing orders E+W+S

8 Closing orders. E+W+S

(1) An order (in this Act referred to as “a closing order”) made by a local authority, . . . F16 , 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F16 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(4), Sch. 34 Pt. IV

F17 Ss. 2(2), 2(4), 5, 7, 8(6) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

9 Procedure for making closing orders. E+W+S

(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, . . . F18

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F18 Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(4), Sch. 34 Pt. IV

F19 S. 9(3) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(4), Sch. 34 Pt. IV

10 F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F20 S. 10 repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(4), Sch. 34 Pt. IV

[F21 11 Revocation of closing orders. E+W+S

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.]

Textual Amendments

F21 S. 11 substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(4), Sch. 4 para. 1(4)

Trading outside shops and shops with several trades E+W+S

12 Trading elsewhere than in shops. E+W+S

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 [F22 on 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, . . . . . . F23 , 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.

Textual Amendments

F22 Words in s. 12 inserted (E.W.) (26.8.1994) by 1994 c. 20, s. 5(3); S.I. 1994/1841, art. 2

F23 Words repealed by Shops (Early Closing Days) Act 1963 (c. 35), s. 4(1)(b)

Modifications etc. (not altering text)

C6 S. 12 amended by Shops (Early Closing Days) Act 1965 (c. 35), s. 4(2)

13 Shops where more than one trade or business is carried on. E+W+S

(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 [F24 early 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.

Textual Amendments

F24 Words substituted by virtue of Shops (Early Closing Days) Act 1965 (c. 35), s. 3

Supplemental E+W+S

14 Offences under Part I. E+W+S

(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, [F25 level 1 on the standard scale];

(b) in the case of a second offence, [F25 level 1 on the standard scale]; and

(c) in the case of a third or subsequent offence, [F25 level 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—

(a) in the case of a first offence, [F26 F27 £25][F27 level 2 on the standard scale];

(b) in the case of a second or subsequent offence, [F26 F27 £50][F27 level 2 on the standard scale].

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.

Textual Amendments

F25 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F26 Words substituted by virtue of (E.W.) Criminal Law Act 1977 (c. 45), s. 31(5)-(7)(9)

F27 Words substituted (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E-289G

Modifications etc. (not altering text)

C7 S. 14(1) extended by Shops (Early Closing Days) Act 1965 (c. 35), s. 5(2)

C8 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

15 Expenses of Secretary of State. E+W+S

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. E+W+S

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 [F28 £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.

Textual Amendments

F28 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

Part II E+W+S Conditions of Employment

Statutory half-holiday and meal times E+W+S

17 Statutory half-holiday for shop-assistants. E+W+S

(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, [F29 level 1 on the standard scale];

(b) in the case of a second offence, [F29 level 1 on the standard scale]; and

(c) in the case of a third or subsequent offence, [F29 level 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.

Textual Amendments

F29 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

18 F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F30 S. 18 repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 10(1)(a), 29(4), Sch. 3 Pt. I, Sch. 7 Pt. II

19 Meal times. E+W+S

(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, [F31 level 1 on the standard scale];

(b) in the case of a second offence, [F31 level 1 on the standard scale]; and

(c) in the case of a third or subsequent offence, [F31 level 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.

Textual Amendments

F31 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

20 F32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F32 S. 20 repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 10(1)(a), 29(4), Sch. 3 Pt. I, Sch. 7 Pt. II

21 Application of foregoing provisions to premises for the sale of refreshments. E+W+S

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

(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, [F34 level 1 on the standard scale]; and

(b) in the case of a second offence, [F34 level 1 on the standard scale]; and

(c) in the case of a third or subsequent offence, [F34 level 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.

Textual Amendments

F33 S. 21(4) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

F34 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

Sunday Employment in England and Wales E+W+S

22 Sunday employment. E+W

(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 M1 Pharmacy 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 [F35 a 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.

(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 [F36 is 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 [F37 section 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.

(6) 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, [F38 £25];

(b) in the case of a second or subsequent offence, [F38 £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.

Textual Amendments

F35 Words substituted by virtue of Health Services Act 1980 (c. 53, SIF 113:2), ss. 1, 2, Sch. 1 para. 7 and S.I. 1985/39, art. 2

F36 Words in s. 22(3) substituted (26.8.1994) by 1994 c. 20, s. 4, Sch. 4 para. 23; S.I. 1994/1841, art. 2

F37 Words substituted by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(1), Sch. 2 para. 4

F38 Words substituted by virtue of Criminal Law Act 1977 (c. 45), s. 31(5)-(7)(9)

Modifications etc. (not altering text)

C9 S. 22(1) proviso (iv) explained by Post Office Act 1969 (c. 48), Sch. 4 para. 51

C10 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

Marginal Citations

M1 1933 c. 25.

23 Sunday employment in retail trading elsewhere than in shops. E+W+S

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 E+W+S

24—36. F39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F39 Ss. 24–36 repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 10(1)(a), 29(4), Sch. 3 Pt. I, Sch. 7 Pt. II

37 F40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F40 S. 37 repealed by virtue of Offices, Shops and Railway Premises Act 1963 (c. 41, SIF 43:3), s. 91(4), Sch. 2 (with S.I. 1964/191 and 1989/2312)

[F41 38 Sanitary and other arrangements in shops. E+W+S

(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.]

Textual Amendments

F41 Ss. 38–39 repealed by Offices, Shops and Railway Premises Act 1963 (c. 41), Sch. 2 which repeal remains prospective in relation to certain premises in a covered market as referred to in art. 2 of S.I. 1964/191

39 Apportionment of expenses under last section. E+W+S

(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 E+W+S Modifications of Parts I and II in special cases

40 Suspension of weekly half-holiday in holiday resorts. E+W+S

(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 [F42 early 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.

Textual Amendments

F42 Words substituted by virtue of Shops (Early Closing Days) Act 1965 (c. 35), s. 3

41 Alteration of general closing hours in holiday resorts and sea fishing centres. E+W+S

(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—

(a) in the case of a first offence, [F43 F44 £25][F44 level 2 on the standard scale];

(b) in the case of a second or subsequent offence, [F43 F44 £50][F44 level 2 on the standard scale].

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

F43 Words substituted by virtue of (E.W.) Criminal Law Act 1977 (c. 45), s. 31(5)-(7)(9)

F44 Words “level 2 on the standard scale” substituted (S.) for “£25” and “£50” in each case by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

F45 Ss. 41(6), 42(4) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

Modifications etc. (not altering text)

C11 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

42 Alteration of general closing hours and closing orders for exhibitions. E+W+S

(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—

(a) in the case of a first offence, [F46 F47 £25][F47 level 2 on the standard scale];

(b) in the case of a second or subsequent offence, [F46 F47 £50][F47 level 2 on the standard scale].

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

Textual Amendments

F46 Words substituted by virtue of (E.W.) Criminal Law Act 1977 (c. 45), s. 31(5)-(7)(9)

F47 Words “level 2 on the standard scale” substituted (S.) for “£25” and “£50” in each case by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

F48 Ss. 41(6), 42(4) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

Modifications etc. (not altering text)

C12 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

43 Suspension of general closing hours and closing orders on special occasions. E+W+S

(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. E+W+S

(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 [F49 early closing day] shall not apply to the shop so far as relates to the transaction of post office business thereat;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

(2) Save as aforesaid, nothing in Part I or [F51 section seventeen or nineteen] of this Act shall apply to post office business, or to any premises in which post office business is transacted.

Textual Amendments

F49 Words substituted by virtue of Shops (Early Closing Days) Act 1965 (c. 35), s. 3

F50 S. 44(1)(b) repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I

F51 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 3

Modifications etc. (not altering text)

C13 S. 44 extended by Shops (Early Closing Days) Act 1965 (c. 35), s. 5(2); explained by Post Office Act 1969 (c. 48), Sch. 4 para. 51

45 Exemption for fairs, etc., and non-profit-making libraries. E+W+S

Nothing in Part I or [F52 section seventeen, nineteen, twenty-one [F53 or] 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.

Textual Amendments

F52 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 4

F53 Words repealed by Offices, Shops and Railway Premises Act 1963 (c. 41), Sch. 2 which repeal remains prospective in relation to certain premises in a covered market as referred to in art. 2 of S.I. 1964/191

Modifications etc. (not altering text)

C14 S. 45 extended by Shops (Early Closing Days) Act 1965 (c. 35), s. 5(2)

46 Exemption for Industrial and Provident Societies’ libraries. E+W+S

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.

Modifications etc. (not altering text)

C15 S. 46 extended by Shops (Early Closing Days) Act 1965 (c. 35), s. 5(2)

Part IV E+W+S Sunday Trading

General provisions in England and Wales E+W

F54 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F54 S. 47 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F55 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F55 S. 48 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F56 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F56 S. 49 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F57 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F57 S. 50 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F58 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F58 S. 51 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F59 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F59 S. 52 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F60 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F60 S. 53 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F61 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F61 S. 54 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F62 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F62 S. 55 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F63 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F63 S. 56 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F64 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F64 S. 57 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F65 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F65 S. 58 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F66 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F66 S. 59 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

Retail meat dealers’ shops in England and Wales E+W

F67 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F67 S. 60 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F68 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F68 S. 61 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F69 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F69 S. 62 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F70 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F70 S. 63 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F71 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F71 S. 64 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F72 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F72 S. 65 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

Foregoing provisions of Part IV not to extend to Scotland E+W+S

F73 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F73 S. 66 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

Barbers and hairdressers in Scotland E+W+S

67 Business of hairdresser or barber not to be carried on on Sunday. E+W+S

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

(5) Any person who contravenes the provisions of this section shall be liable to a penalty not exceeding—

(a) in the case of a first offence, [F75 F76 £50][F76 level 4 on the standard scale]; and

(b) in the case of a second or subsequent offence, [F75 F76 £200][F76 level 4 on the standard scale].

Textual Amendments

F74 S. 67(4)(b) repealed by Shops (Early Closing Days) Act 1965 (c. 35), s. 4(1)(c)

F75 Words substituted by Criminal Justice Act 1972 (c. 71), s. 31

F76 Words “level 4 on the standard scale” substituted (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G, 457A

Part V E+W+S General

68 F77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F77 S. 68 repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 10(1)(a), 29(4), Sch. 3 Pt. I, Sch. 7 Pt. II

69 Regulations. E+W+S

(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

(e) generally for carrying into effect the following provisions of this Act, that is to say, Part I, in Part II sections seventeen [F78 , nineteen, twenty-one [F79 and] section thirty-seven],Part III and, so far as it applies in relation to those provisions, Part V.

(2) The power of making regulations under this section shall be exercisable by statutory instrument.

Textual Amendments

F78 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 5

F79 Words repealed by Offices, Shops and Railway Premises Act 1963 (c. 41), Sch. 2 which repeal remains prospective in relation to certain premises in a covered market as referred to in art. 2 of S.I. 1964/191

Modifications etc. (not altering text)

C16 S. 69(1)(e) extended by Shops (Early Closing Days) Act 1965 (c. 35), s. 5(2)

70 Proof and revocation of orders of local authorities. E+W+S

(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 [F80 proper 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.

Textual Amendments

F80 Words substituted by virtue of (E.W.) Local Government Act 1972 (c. 70), Sch. 29 para. 4(1)(a) and (S.) Local Government (Scotland) Act 1973 (c. 65), Sch. 27 para. 2(1)

71 Enforcement. E+W+S

(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 [F81 section one hundred and forty-six of the M2 Factories Act 1961], and that section and [F81 section 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 [F81 the M3 Factories Act 1961], that is to say—

• [F81 subsection (1) of section one hundred and sixty-four] (which provides for the summary prosecution of offences),

• [F81 subsection (2) of section one hundred and sixty-four] (which relates to the terms of an information in proceedings under the Act),

• [F81 subsection (7) of section one hundred and sixty-four] (which disqualifies certain interested persons from acting as members of a court trying an offence),

• [F81 section one hundred and sixty-five] (which provides for an appeal from an order made by a court of summary jurisdiction in England or Wales),

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

• [F81 subsection (4) of section one hundred and eighty-two] (which confers on certain courts in Scotland power to deal with minor offences under the Act),

• [F81 subsection (6) of section one hundred and eighty-two] (which enables a prosecutor in Scotland to give evidence in the proceedings), and

• [F81 subsection (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 M4 Peace 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 [F83 or 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.

Textual Amendments

F81 Words substituted by virtue of Factories Act 1961 (c. 34), Sch. 6 para. 1

F82 Words repealed by virtue of Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

F83 Words in s. 71(7)(b) repealed (E.W.) (26.8.1994) by 1994 c. 20, s. 9(2), Sch. 5; S.I. 1994/1841, art. 2

Marginal Citations

M2 1961 c. 34.

M3 1961 c. 34.

M4 1949 c. 101.

72 F84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F84 S. 72 repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 10(1)(a), 29(4), Sch. 3 Pt. I, Sch. 7 Pt. II

73 Local authorities. E+W+S

(1) In this Act the expression “local authority” means—

• as respects the city of London, the common council;

• [F85 as respects any London borough, the council of the borough and

• elsewhere, the council of the district].

(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

(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 [F87 an islands or a district] council.

Textual Amendments

F85 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 43

F86 S. 73(2)(3) repealed by Local Government Act 1972 (c. 70), Sch. 30

F87 Words substituted by Local Government (Scotland) Act 1973 (c. 65), s. 157

74 Interpretation. E+W+S

(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;

• [F88 “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 M5 Shops (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 [F89 the M6 Factories 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;

• [F90 “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;

• [F90 “Public Health Acts” means the Public Health Act, 1936, . . . F91 ]

• “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;

• [F90 “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 [F92 film 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;

• . . . . . . F93

• “wholesale shop” means premises occupied by a wholesale dealer or merchant where goods are kept for sale wholesale to customers resorting to the premises;

• . . . . . . F94

• “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;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96

(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.

Textual Amendments

F88 Definition inserted by Shops (Early Closing Days) Act 1965 (c. 35), s. 3

F89 Words substituted by virtue of Factories Act 1961 (c. 34), Sch. 6 para. 1

F90 Definitions of “owner”, “Public Health Acts” and “sanitary authority” repealed by Offices, Shops and Railway Premises Act 1963 (c. 41, SIF 43:3), s. 91(4), Sch. 2 which repeal remains prospective in relation to certain premises in a covered market as referred to in art. 2 of S.I. 1964/191

F91 Words repealed by Shops (Early Closing Days) Act 1965 (c. 35), s. 3

F92 Words substituted by virtue of Cinematograph (Amendment) Act 1982 (c. 33, SIF 45A), s. 10(1), Sch. 1 para. 6 and Cinemas Act 1985 (c. 13, SIF 45A), s. 24(1), Sch. 2 para. 5

F93 Definition repealed by Shops (Early Closing Days) Act 1965 (c. 35), s. 3

F94 Definition repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

F95 Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

F96 S. 74(2) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

Modifications etc. (not altering text)

C17 The text of the definitions of “owner”, “Public Health Acts” and “sanitary authority” in s. 74 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except as indicated does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M5 1965 c. 35.

M6 1961 c. 34.

75 General application to Scotland. E+W+S

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;

• [F97 for any reference to the Public Health Act, 1936, there shall be substituted a reference to the Public Health (Scotland) Act, 1897.]

Textual Amendments

F97 Words repealed by Offices, Shops and Railway Premises Act 1963 (c. 41, SIF 43:3), s. 91(4), Sch. 2 which repeal remains prospective in relation to certain premises in a covered market as referred to in art. 2 of S.I. 1964/191

Modifications etc. (not altering text)

C18 The text of s. 75 from “for any reference to the Pubic Health Act” to the end is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except as indicated does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

76 Repeal. E+W+S

(1) 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 M7 Shops 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) The mention of particular matters in this section shall not be held to prejudice or affect the general application of [F98 sections 16(1) and 17(2)(a) of the M8 Interpretation Act 1978], with regard to the effect of repeals.

Textual Amendments

F98 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C19 “This repeal” means repeal of enactments specified in Sch. 8

C20 The text of S. 76(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M7 1912 c. 3.

M8 1978 c. 30.

77 Short title, extent and commencement. E+W+S

(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.

SCHEDULES

Section 1.

FIRST SCHEDULE E+W+S Trades and Businesses exempted from the Provisions as to [F99 Early Closing Day]

Textual Amendments

F99 Words substituted by virtue of Shops (Early Closing Days) Act 1965 (c. 35), s. 3

The sale by retail of intoxicating liquors.

The sale of refreshments, including the business carried on at a railway refreshment room.

The sale of motor, cycle, and air-craft supplies and accessories to travellers.

The sale of newspapers and periodicals.

The sale of meat, fish, milk, cream, bread, confectionery, fruit, vegetables, flowers, and other articles of a perishable nature.

The sale of tobacco and smokers’ requisites.

The business carried on at a railway bookstall on or adjoining a railway platform.

The sale of medicines and medical and surgical appliances.

Retail trade carried on at an exhibition or show, if the local authority certify that such retail trade is subsidiary or ancillary only to the main purpose of the exhibition or show.

Sections 2 and 8.

SECOND SCHEDULE E+W+S Transactions not affected by general closing hours or by Closing Orders

1 The sale of—

(a) meals or refreshments (including table waters, sweets, chocolates, sugar confectionery, and ice cream), for consumption on the premises, or (in the case of meals or refreshments sold on railway premises) for consumption on the trains:

Provided that—

(i)

in the case of canteens attached to and situated within or in the immediate vicinity of any works, if persons are employed at such works after the closing hour, and the canteen is kept open only for the use of such persons, meals or refreshments may be sold after the closing hour for consumption anywhere within the works premises; and

(ii)

for the purposes of the foregoing provisions, tobacco supplied at a meal for immediate consumption shall be deemed to form part of the meal;

(b) newly cooked provisions and cooked or partly cooked tripe to be consumed off the premises;

(c) intoxicating liquors to be consumed on or off the premises;

(d) tobacco, table waters or matches on licensed premises during the hours during which intoxicating liquor is permitted by law to be sold on the premises;

(e) tobacco, matches, table waters, sweets, chocolates, or other sugar confectionery or ice cream at any time during the performance in any theatre, cinema, music hall, or other similar place of entertainment so long as the sale is to a bonâ fide member of the audience and in a part of the building to which no other members of the public have access;

(f) medicine or medical or surgical appliances, so long as the shop is kept open only for such time as is necessary for serving the customer;

(g) newspapers, periodicals and books from the bookstalls of such terminal and main line stations as may be approved by the Secretary of State;

(h) aircraft, motor, or cycle supplies or accessories for immediate use, so long as the shop is kept open only for such time as is necessary for serving the customer;

(i) victuals, stores, or other necessaries required by any naval, military or air force authority for His Majesty’s forces or required for any ship on her arrival at or immediately before her departure from a port, so long as the shop is kept open only for such time as is necessary for serving the customer.

Modifications etc. (not altering text)

C21 Para. 1(i) extended by S.I. 1965/1536, Sch. 3

2 The transaction of any post office business.

Modifications etc. (not altering text)

C22 Para. 2 explained by Post Office Act 1969 (c. 48), Sch. 4 para. 51

Section 19.

THIRD SCHEDULE E+W+S Intervals for Meals

Part I E+W+S

Intervals for meals shall be arranged so as to secure that no person shall be employed for more than six hours without an interval of at least twenty minutes being allowed during the course thereof.

Without prejudice to the foregoing provision—

(1)

where the hours of employment include the hours from 11.30 a.m. to 2.30 p.m., an interval of not less than three-quarters of an hour shall be allowed between those hours for dinner; and

(2)

where the hours of employment include the hours from 4 p.m. to 7 p.m., an interval of not less than half-an-hour shall be allowed between those hours for tea,

and the interval for dinner shall be increased to one hour in cases where that meal is not taken in the shop, or in a building of which the shop forms part or to which the shop is attached:

Provided that an assistant employed in the sale of refreshments or in the sale by retail of intoxicating liquors need not be allowed the interval for dinner between 11.30 a.m. and 2.30 p.m. if he is allowed the same interval so arranged as either to end not earlier than 11.30 a.m. or to commence not later than 2.30 p.m., and the same exemption shall apply to assistants employed in any shop on the market day in any town in which a market is held not oftener than once a week, or on a day on which an annual fair is held.

Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100 E+W+S

Textual Amendments

F100 Sch. 3 Pt. II repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 10(1)(a), 29(4), Sch. 3 Pt. I, Sch. 7 Pt. II

FOURTH SCHEDULE E+W+S Method of Calculating the Holidays to which any Shop Assistant is entitled under Section Forty-one of this Act

1 The number of extra hours for which a shop assistant has been employed in or about the business of the shop while any one or more orders have been in force under section forty-one of this Act shall be added together, any fraction of an hour not exceeding half being treated as half an hour, and any fraction of an hour exceeding half being treated as an hour.

2 For the purposes of this Schedule the number of hours comprised in the customary working day on days other than half holidays shall be taken as the standard unit.

3 The aggregate number of the extra hours, as calculated in accordance with the provisions of paragraph 1 of this Schedule, shall be divided by the standard unit, and the quotient, fractions thereof being disregarded, shall be the number of the days’ holiday to which the shop assistant shall be entitled.

F101 FIFTH SCHEDULE E+W

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

Textual Amendments

F101 Sch. 5 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F104 SIXTH SCHEDULE E+W

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

Textual Amendments

F104 Sch. 6 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F105 SEVENTH SCHEDULE E+W

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

Textual Amendments

F105 Sch. 7 repealed (26.8.1994) by 1994 c. 20, ss. 1(2), 9(2), Sch. 5; S.I. 1994/1841, art. 2

F106 F106 EIGHTH SCHEDULE E+W+S

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

Textual Amendments

F106 Sch. 8 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X