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SCHEDULES

Section 1(1).

SCHEDULE 1E+W Restrictions on Sunday opening of large shops

InterpretationE+W

1E+WIn this Schedule—

Textual Amendments

F1Definition in Sch. 1 para. 1 substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 110(2)(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F2Word in Sch. 1 para. 1 substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 110(2)(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F3Definition in Sch. 1 para. 1 added (1.10.2006) by The Veterinary Medicines Regulations 2006 (S.I. 2006/2407), reg. 1, Sch. 9 para. 9(a) (with regs. 2(4), 3)

Marginal Citations

[F4Restrictions on Sunday opening hours of large shops]E+W

Textual Amendments

F4 Sch. 1 para. 2 cross-heading substituted (27.2.2004) by Regulatory Reform (Sunday Trading) Order 2004 (S.I. 2004/470), arts. 1(1), 2(2)(a)

2(1)Subject to sub-paragraphs (2) and (3) below, a large shop shall not be open on Sunday for the serving of retail customers.E+W

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

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

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

[F5(3)Sub-paragraph (1) above does not apply in relation to the opening of a large shop during any continuous period of six hours on a Sunday beginning no earlier than 10 am and ending no later than 6 pm, but this sub-paragraph has effect subject to sub-paragraph (4) below.]

(4)The exemption conferred by sub-paragraph (3) above does not apply where the Sunday is Easter Day F6....

[F7(5)Nothing in this paragraph applies where the Sunday is Christmas Day (the opening of large shops on Christmas Day being prohibited by section 1 of the Christmas Day (Trading) Act 2004).]

Textual Amendments

F6Words in Sch. 1 para. 2(4) omitted (9.12.2004) by virtue of Christmas Day (Trading) Act 2004 (c. 26), ss. 4(2)(a), 6(3); S.I. 2004/3235, art. 2

Modifications etc. (not altering text)

C1Sch. 1 para. 2(1) excluded (19.1.1995) by S.I. 1994/3286, art. 3

ExemptionsE+W

3(1)The shops referred to in paragraph 2(2)(a) above are—E+W

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

(b)any shop where the trade or business carried on consists wholly or mainly of the sale of [F8alcohol],

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

(i)motor supplies and accessories, and

(ii)cycle supplies and accessories,

(d)any shop which—

(i)is a registered pharmacy, and

(ii)is not open for the retail sale of any goods other than medicinal products[F9, veterinary medicinal products] and medical and surgical appliances,

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

(f)any shop in a railway station,

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

(h)any petrol filling station,

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

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

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

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

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

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

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

Textual Amendments

F8Words in Sch. 1 para. 3(1)(b) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 110(3) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Modifications etc. (not altering text)

C3Sch. 1 para. 3(2) modified (9.12.2004) by Christmas Day (Trading) Act 2004 (c. 26), ss. 1(4), 6(3); S.I. 2004/3235, art. 2

Marginal Citations

Notice of proposed Sunday openingE+W

F104E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Register of shopsE+W

F115E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to display noticeE+W

6E+WAt any time when—

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

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

a notice specifying [F12the Sunday opening hours] shall be displayed in a conspicuous position inside and outside the shop.

OffencesE+W

7(1)If paragraph 2(1) above is contravened in relation to a shop, the occupier of the shop shall be liable on summary conviction to [F13a fine].E+W

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

[F148E+WWhere a person is charged with having contravened paragraph 2(1) above, in relation to a large shop which was permitted to be open for the serving of retail customers on the Sunday in question, by reason of his having served a retail customer after the end of the period during which the shop is permitted to be open by virtue of paragraph 2(3) above, it shall be a defence to prove that the customer was in the shop before the end of that period and left not later than half an hour after the end of that period.]

Transitional provisionE+W

F159E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .