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An Act to amend and consolidate the law relating to shops and for purposes
connected therewith{1}.
[28th February 1946] 4 PS1000 P ART I on one week day (in this Part of this Act referred to as ""the weekly half-holiday'') in every week, not later than one o'clock in the afternoon; and C >>( b ) on one week day (in this Part of this Act referred to as ""the late day'') in every week, not later than nine o'clock in the evening; and C >>( c ) on all week days (in this Part of this Act referred to as ""normal week days'') other than the weekly half-holiday or the late day at such hour not later than eight o'clock in the evening as the [{2}district council]
may by order fix, or, if no such hour is so fixed, at eight o'clock in the
evening.
[(1A) The district council may by order applying either throughout its
district or in any specified part thereof exempt all shops or shops of any
specified class from the operation of sub-section (1) (a) of this section and,
where the case requires, sub-section (2) of section 2.]
(2) The [district council] may, subject to the provisions of this Part of
this Act, by order fix the weekly half-holiday or the late day or both and any
such order may fix the same weekly half-holiday or the same late day for all
shops or may fix
(a)different weekly half-holidays or different late days for different classes
of shops; or
(b)different weekly half-holidays or different late days for different parts
of the [district of the district council]; or
(c)different weekly half-holidays or different late days for different periods
of the year;
Provided that
(i)the late day shall be either Friday or Saturday unless the [district
council] by order fix some other day as the late day;
(ii)where the day fixed as the weekly half-holiday is a day other than
Saturday, the order shall provide for enabling Saturday to be substituted for
such other day, and where the day fixed as the weekly half-holiday is
Saturday, the order shall provide for enabling some other day specified in the
order to be substituted for Saturday; and
<(iii)unless and until a weekly half-holiday is fixed by order made under this section, the weekly half-holiday shall be such day as the occupier may specify in a notice affixed to the shop, but it shall not be lawful for the occupier to change the weekly half-holiday oftener than once in any period of three months.
(3) The [district council] may by order (in this Part of this Act referred to
as "a closing order") fix the hour at which, on the normal week days, either
throughout the [district of the district council] or in any specified part
thereof, all shops or shops of any specified class are to be closed for
serving customers:
Provided that the hour fixed by a closing order shall not (subject to the
provisions of this Part of this Act relating to the weekly half-holiday) be
earlier than six o'clock in the evening on any week day.
(4) [An order under this section] may define the shops and trades to which the
order applies, and may contain any incidental, supplemental, or consequential
provisions.
(5) Nothing in this or the next three succeeding sections of this Act or in
any closing or other order made thereunder shall prohibit
(a)the serving of a customer on any day within half-an-hour after the time
fixed by or under this or the next three succeeding sections of this Act for
the closing of the shop on that day where it is proved that the customer was
in the shop before the time so fixed;
(b)any of the transactions mentioned in the First Schedule to this Act, or,
subject to the provisions of that Schedule and to the provisions of section
ten of this Act regarding mixed trading, the keeping open of any shop in which
the sole business carried on consists exclusively of any one or more of such
transactions; or
(c)the keeping open of any shop for the serving of customers not later than
nine o'clock on any one or more of the following days:
(i)the two days immediately preceding Easter Day, or
(ii)the two week days immediately preceding the twelfth day of July, or
<(iii)the six week days immediately preceding Christmas Day.
© 1946 Crown Copyright
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