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SCHEDULES

SCHEDULE 4E+W Street Trading

Modifications etc. (not altering text)

C1Sch. 4: functions of local authority not to be the responsiblity of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Sch. 4 applied (with modifications) (21.12.2000) by City of Newcastle uponTyne Act 2000 (c. viii), ss. 3, 4

InterpretationE+W

1(1)In this Schedule—E+W

and also includes any part of a street;

(2)The following are not street trading for the purposes of this Schedule—

(a)trading by a person acting as a pedlar under the authority of a pedlar’s certificate granted under the M2Pedlars Act 1871;

(b)anything done in a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of an enactment or order.

(c)trading in a trunk road picnic area provided by the Secretary of State under section 112 of the M3Highways Act 1980;

(d)trading as a news vendor;

(e)trading which—

(i)is carried on at premises used as a petrol filling station; or

(ii)is carried on at premises used as a shop or in a street adjoining premises so used and as part of the business of the shop;

(f)selling things, or offering or exposing them for sale, as a roundsman;

(g)the use for trading under Part VIIA of the Highways Act 1980 of an object or structure placed on, in or over a highway;

(h)the operation of facilities for recreation or refreshment under Part VIIA of the Highways Act 1980;

(j)the doing of anything authorised by regulations made under section 5 of the M4Police, Factories, etc. (Miscellaneous Provisions) Act 1916.

(3)The reference to trading as a news vendor in sub-paragraph (2)(d) above is a reference to trading where—

(a)the only articles sold or exposed or offered for sale are newspapers or periodicals; and

(b)they are sold or exposed or offered for sale without a stall or receptacle for them or with a stall or receptacle for them which does not—

(i)exceed one metre in length or width or two metres in height;

(ii)occupy a ground area exceeding 0·25 square metres; or

(iii)stand on the carriageway of a street.