Sch. 1 para. 2(1) excluded (19.1.1995) by S.I. 1994/3286, art. 3
Sch. 4 para. 21 repealed (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)
Sch. 4 para. 22 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with
Sch. 4 para. 23 repealed (1.12.1994) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3037, art. 3(e)(viii)
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)
Sch. 1 para. 8 substituted (27.2.2004) by Regulatory Reform (Sunday Trading) Order 2004 (S.I. 2004/470), arts. 1(1), 2(2)(e)
Sch. 1 para. 2(3) substituted (27.2.2004) by Regulatory Reform (Sunday Trading) Order 2004 (S.I. 2004/470), arts. 1(1), 2(2)(b)
Sch. 1 para. 4 omitted (27.2.2004) by virtue of Regulatory Reform (Sunday Trading) Order 2004 (S.I. 2004/470), arts. 1(1), 2(2)(c)
Sch. 1 para. 5 omitted (27.2.2004) by virtue of Regulatory Reform (Sunday Trading) Order 2004 (S.I. 2004/470), arts. 1(1), 2(2)(c)
Words in Sch. 1 para. 6 substituted (27.2.2004) by Regulatory Reform (Sunday Trading) Order 2004 (S.I. 2004/470), arts. 1(1), 2(2)(d)
Sch. 1 para. 9 omitted (27.2.2004) by virtue of Regulatory Reform (Sunday Trading) Order 2004 (S.I. 2004/470), arts. 1(1), 2(2)(f)
Words in Sch. 3 para. 1(a) substituted (27.2.2004) by Regulatory Reform (Sunday Trading) Order 2004 (S.I. 2004/470), arts. 1(1), 2(3)
Sch. 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
Sch. 3 paras. 3-8 applied (with modifications) (9.12.2004) by Christmas Day (Trading) Act 2004 (c. 26), ss. 2(2), 6(3); S.I. 2004/3235, art. 2
Sch. 2 paras. 3, 4 applied (9.12.2004) by Christmas Day (Trading) Act 2004 (c. 26), ss. 3(3), 6(3); S.I. 2004/3235, art. 2
Sch. 2 paras. 5, 6, 7 applied (9.12.2004) by Christmas Day (Trading) Act 2004 (c. 26), ss. 3(4), 6(3); S.I. 2004/3235, art. 2
Para.10 and cross-heading inserted (9.12.2004) by Christmas Day (Trading) Act 2004 (c. 26), ss. 4(3), 6(3); S.I. 2004/3235, art. 2
Sch. 1 para. 2(5) inserted (9.12.2004) by Christmas Day (Trading) Act 2004 (c. 26), ss. 4(2)(b), 6(3); S.I. 2004/3235, art. 2
Words 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
Section 1(1).
In this Schedule—
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the sale of meals, refreshments or intoxicating liquor for consumption on the premises on which they are sold, or
the sale of meals or refreshments prepared to order for immediate consumption off those premises,
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Subject to sub-paragraphs (2) and (3) below, a large shop shall not be open on Sunday for the serving of retail customers.
Sub-paragraph (1) above does not apply in relation to—
any of the shops mentioned in paragraph 3(1) below, or
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.
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.
The exemption conferred by sub-paragraph (3) above does not apply where the Sunday is Easter Day
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).
The shops referred to in paragraph 2(2)(a) above are—
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,
any shop where the trade or business carried on consists wholly or mainly of the sale of intoxicating liquor,
any shop where the trade or business carried on consists wholly or mainly of the sale of any one or more of the following—
motor supplies and accessories, and
cycle supplies and accessories,
any shop which—
is a registered pharmacy, and
is not open for the retail sale of any goods other than medicinal products and medical and surgical appliances,
any shop at a designated airport which is situated in a part of the airport to which sub-paragraph (3) below applies,
any shop in a railway station,
any shop at a service area within the meaning of the
any petrol filling station,
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
any stand used for the retail sale of goods during the course of an exhibition.
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.
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.
In this paragraph “
The power to make an order under sub-paragraph (4) above shall be exercisable by statutory instrument.
Any order made under section 1(2) of the
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At any time when—
a large shop is open on Sunday for the serving of retail customers, and
the prohibition in sub-paragraph (1) of paragraph 2 above is excluded only by sub-paragraph (3) of that paragraph,
a notice specifying
If paragraph 2(1) above is contravened in relation to a shop, the occupier of the shop shall be liable on summary conviction to a fine not exceeding £50,000.
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.
Where 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.
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Section 1(1).
It shall be the duty of every local authority to enforce within their area the provisions of Schedules 1 and 3 to this Act and Part II of this Schedule.
For the purposes of their duties under paragraph 1 above it shall be the duty of every local authority to appoint inspectors.
An inspector appointed by a local authority under paragraph 2 above shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours—
to enter any premises within the area of the local authority, with or without a constable, for the purpose of ascertaining whether there is or has been on the premises any contravention of the provisions of Schedules 1 and 3 to this Act,
to require the production of, inspect and take copies of any records (in whatever form they are held) relating to any business carried on on the premises which appear to him to be relevant for the purpose mentioned in paragraph (a) above,
where those records are kept by means of a computer, to require the records to be produced in a form in which they may be taken away, and
to take such measurements and photographs as he considers necessary for the purpose mentioned in paragraph (a) above.
Any person who intentionally obstructs an inspector appointed under paragraph 2 above acting in the execution of his duty shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where the commission by any person of an offence under this Act is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, sub-paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
In any proceedings for an offence under this Act it shall, subject to sub-paragraph (2) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
If in any case the defence provided by sub-paragraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, at least seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
A person of the Jewish religion who is the occupier of a large shop may give to the local authority for the area in which the shop is situated a notice signed by him stating—
that he is a person of the Jewish religion, and
that he intends to keep the shop closed for the serving of customers on the Jewish Sabbath.
For the purposes of this paragraph, a shop occupied by a partnership or company shall be taken to be occupied by a person of the Jewish religion if, and only if, the majority of the partners or of the directors, as the case may be, are persons of that religion.
A notice under sub-paragraph (1) above shall be accompanied by a certificate signed by an authorised person that the person giving the notice is a person of the Jewish religion.
Where the occupier of the shop is a partnership or company—
any notice under sub-paragraph (1) above shall be given by the majority of the partners or directors and, if not given by all of them, shall specify the names of the other partners or directors, and
a certificate under sub-paragraph (3) above is required in relation to each of the persons by whom such a notice is given.
Every local authority shall keep a register containing particulars of the name (if any) and address of every shop in respect of which a notice under sub-paragraph (1) above has effect.
Any register kept under this paragraph—
shall be open to inspection by members of the public at all reasonable times, and
may be kept by means of a computer.
If there is any change—
in the occupation of a shop in respect of which a notice under sub-paragraph (1) above has effect, or
in any partnership or among the directors of any company by which such a shop is occupied,
the notice shall be taken to be cancelled at the end of the period of 14 days beginning with the day on which the change occurred, unless during that period, or within such further time as may be allowed by the local authority, a fresh notice is given under sub-paragraph (1) above in respect of the shop.
Where a fresh notice is given under sub-paragraph (1) above by reason of a change of the kind mentioned in sub-paragraph (7) above, the local authority may dispense with the certificate required by sub-paragraph (3) above in the case of any person in respect of whom such a certificate has been provided in connection with a former notice in respect of that shop or any other shop in the area of the local authority.
A notice given under sub-paragraph (1) above in respect of any shop shall be cancelled on application in that behalf being made to the local authority by the occupier of the shop.
A person who, in a notice or certificate given for the purposes of this paragraph, makes a statement which is false in a material respect and which he knows to be false or does not believe to be true shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Where a person is convicted of an offence under sub-paragraph (10) above, the local authority may cancel any notice under sub-paragraph (1) above to which the offence relates.
In this paragraph—
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the Minister of the synagogue of which the person giving the notice is a member,
the secretary of that synagogue, or
any other person nominated for the purposes of this paragraph by the President of the London Committee of Deputies of the British Jews (otherwise known as the Board of Deputies of British Jews),
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Paragraph 8 above shall apply to persons who are members of any religious body regularly observing the Jewish Sabbath as it applies to persons of the Jewish religion, and accordingly—
references to persons of the Jewish religion shall be construed as including any person who is a member of such a body, and
in the application of that paragraph to such persons “
Any shop which is registered under section 53 of the
In paragraph 8(8) above, the reference to a certificate provided in connection with a former notice includes a reference to a statutory declaration provided under subsection (2) of section 53 of the Shops Act 1950 in connection with the registration of a shop under that section before the commencement of this Schedule.
Section 2.
This Schedule applies to any shop—
which is a large shop, within the meaning of Schedule 1 to this Act,
which is situated in an area designated as a loading control area under section 2 of this Act.
The occupier of a shop to which this Schedule applies shall not load or unload, or permit any other person to load or unload, goods from a vehicle at the shop before 9 a.m. on Sunday in connection with the trade or business carried on in the shop, unless the loading or unloading is carried on—
with the consent of the local authority for the area in which the shop is situated granted under this Schedule, and
in accordance with any conditions subject to which that consent is granted.
A consent under this Schedule may be granted subject to such conditions as the local authority consider appropriate.
The local authority may at any time vary the conditions subject to which a consent is granted, and shall give notice of the variation to the person to whom the consent was granted.
An application for a consent under this Schedule shall be made in writing and shall contain such information as the local authority may reasonably require.
An applicant for a consent under this Schedule shall pay such reasonable fee in respect of his application as the local authority may determine.
Where an application is duly made to the local authority for a consent under this Schedule, the authority shall grant the consent unless they are satisfied that the loading or unloading of goods from vehicles before 9 a.m. on Sunday at the shop to which the application relates, in connection with the trade or business carried on at the shop, has caused, or would be likely to cause, undue annoyance to local residents.
The authority shall determine the application and notify the applicant in writing of their decision within the period of 21 days beginning with the day on which the application is received by the authority.
In a case where a consent is granted, the notification under sub-paragraph (2) above shall specify the conditions, if any, subject to which the consent is granted.
Where—
the occupier of a shop in respect of which a consent under this Schedule is in force is convicted of an offence under paragraph 9 below by reason of his failure to comply with the conditions subject to which the consent was granted, or
the local authority are satisfied that the loading or unloading authorised by virtue of a consent under this Schedule has caused undue annoyance to local residents,
the local authority may revoke the consent.
Where a local authority grant a consent under this Schedule, the authority may cause a notice giving details of that consent to be published in a local newspaper circulating in their area.
A person who contravenes paragraph 2 above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Paragraph 2 does not apply where the Sunday is Christmas Day (loading and unloading at large shops on Christmas Day being regulated by section 2 of the Christmas Day (Trading) Act 2004).
Section 4.
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In section 20 of the
Section 9(2).
Chapter | Short title | Extent of repeal |
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1933 c. 12. | The Children and Young Persons Act 1933. | Section 20(3). |
1950 c. 28. | The Shops Act 1950. | Sections 47 to 66. In section 71(7)(b), the words “or Part IV”. Schedules 5, 6 and 7. |
1962 c. 35. | The Shops (Airports) Act 1962. | In section 1(1) the words from “and of” to “Sunday trading)”. |
1963 c. 33. | The London Government Act 1963. | Section 51(3). |
1963 c. 37. | The Children and Young Persons Act 1963. | Section 35(3). |
1965 c. 35. | The Shops (Early Closing Days) Act 1965 | In section 4(2), the words from “and, notwithstanding” to the end. |
1969 c. 48. | The Post Office Act 1969. | In Schedule 4, in paragraph 51, the words from “and Schedule 5” to “on Sunday)”. |
1986 c. 31. | The Airports Act 1986. | Section 70. In Schedule 5, paragraph 15. |
1989 c. 38. | The Employment Act 1989. | In Schedule 3, in Part III, paragraph 2(c). |