Shops Act 1950 (repealed 1.12.1994)

Part V E+W+S General

68 F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F1 S. 68 repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 10(1)(a), 29(4), Sch. 3 Pt.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 [F2 , nineteen, twenty-one [F3 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

F2 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 5

F3 Words repealed by Offices, Shops and Railway Premises Act 1963 (c. 41), Sch. 2 which repeal remains prospective in relation to certain premises in a covered market as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)

C1 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 [F4 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

F4 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 [F5 section one hundred and forty-six of the M1 Factories Act 1961], and that section and [F5 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 [F5 the M2 Factories Act 1961], that is to say—

• [F5 subsection (1) of section one hundred and sixty-four] (which provides for the summary prosecution of offences),

• [F5 subsection (2) of section one hundred and sixty-four] (which relates to the terms of an information in proceedings under the Act),

• [F5 subsection (7) of section one hundred and sixty-four] (which disqualifies certain interested persons from acting as members of a court trying an offence),

• [F5 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),

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

• [F5 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),

• [F5 subsection (6) of section one hundred and eighty-two] (which enables a prosecutor in Scotland to give evidence in the proceedings), and

• [F5 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 M3 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 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

F5 Words substituted by virtue of Factories Act 1961 (c. 34), Sch. 6 para. 1

F6 Words repealed by virtue of Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

Marginal Citations

M1 1961 c. 34.

M2 1961 c. 34.

M3 1949 c. 101.

72 F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F7 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;

• [F8 as respects any London borough, the council of the borough and

• elsewhere, the council of the district].

(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(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 [F10 an islands or a district] council.

Textual Amendments

F8 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 43

F9 S. 73(2)(3) repealed by Local Government Act 1972 (c. 70), Sch. 30

F10 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;

• [F11 “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 M4 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 [F12 the M5 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;

• [F13 “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;

• [F13 “Public Health Acts” means the Public Health Act, 1936, . . . F14 ]

• “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;

• [F13 “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 [F15 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;

• . . . . . . F16

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

• . . . . . . F17

• “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;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(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

F11 Definition inserted by Shops (Early Closing Days) Act 1965 (c. 35), s. 3

F12 Words substituted by virtue of Factories Act 1961 (c. 34), Sch. 6 para. 1

F13 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

F14 Words repealed by Shops (Early Closing Days) Act 1965 (c. 35), s. 3

F15 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

F16 Definition repealed by Shops (Early Closing Days) Act 1965 (c. 35), s. 3

F17 Definition repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

F18 Words repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

F19 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)

C2 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

M4 1965 c. 35.

M5 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;

• [F20 for any reference to the Public Health Act, 1936, there shall be substituted a reference to the Public Health (Scotland) Act, 1897.]

Textual Amendments

F20 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)

C3 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 M6 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 [F21 sections 16(1) and 17(2)(a) of the M7 Interpretation Act 1978], with regard to the effect of repeals.

Textual Amendments

F21 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C4 “This repeal” means repeal of enactments specified in Sch. 8

C5 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

M6 1912 c. 3.

M7 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.