Remembrance Sunday (Closure of Shops) Bill (HL Bill 41)

BILL

Provide for the extension of Christmas Day restrictions on the opening of

retail premises to Remembrance Sunday; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1 Prohibition of opening of large shops on Remembrance Sunday

(1) A large shop must not be open on Remembrance Sunday for the serving of

retail customers.

(2) Subsection (1) does not apply to any of the shops mentioned in paragraph 3(1)

5of Schedule 1 to the 1994 Act.

(3) If subsection (1) is contravened in relation to a shop, the occupier of the shop is

liable on summary conviction to a fine not exceeding £50,000.

(4) In this section—

“large shop” has the same meaning as in Schedule 1 to the 1994 Act;
10“retail customer” and “shop” have the same meaning as in that Schedule.

2 Loading and unloading early on Remembrance Sunday

(1) Where a shop which is prohibited by section 1 from opening on Remembrance

Sunday is located in a loading control area, the occupier of the shop must not

load or unload, or permit any other person to load or unload, goods from a

15vehicle at the shop before 9 a.m. on Remembrance Sunday in connection with

the trade or business carried on in the shop, unless the loading or unloading is

carried on—

(a) with the consent of the local authority for the area in which the shop is

situated, granted in accordance with this section, and

(b) 20in accordance with any conditions subject to which that consent is

granted.

(2) A person who contravenes subsection (1) is liable on summary conviction to a

fine not exceeding level 3 on the standard scale.

Remembrance Sunday (Closure of Shops) BillPage 2

(3) In this section, “loading control area” means any area designated by a local

authority as a loading control area in accordance with section 2 of the 1994 Act.

3 Enforcement

(1) It is the duty of every local authority to enforce within their area the provisions

5of sections 1 and 2.

(2) For the purposes of their duties under subsection (1), it is the duty of every

local authority to appoint inspectors, who may be the same persons as those

appointed as inspectors by the local authority under paragraph 2 of Schedule

2 to the 1994 Act.

(3) 10Paragraphs 3 and 4 of Schedule 2 to the 1994 Act (powers of entry and

obstruction of inspectors) apply in respect of inspectors appointed under

subsection (2) as they apply to inspectors appointed under paragraph 2 of that

Schedule and, for the purposes of paragraph 3 of that Schedule as so applied,

the reference in that paragraph to the provisions of Schedules 1 and 3 to the

151994 Act is to be taken to be a reference to the provisions of sections 1 and 2 of

this Act.

(4) Paragraphs 5, 6 and 7 of Schedule 2 to the 1994 Act (offences due to fault of

other person, offences by body corporate and defence of due diligence) apply

in respect of the offence under sections 1 and 2 as they apply in respect of

20offences under the 1994 Act.

(5) In this section “local authority” has the meaning given by section 8 of the 1994

Act.

4 Consequential amendments

(1) The 1994 Act is amended as follows.

(2) 25In Schedule 1 (restrictions on Sunday opening of large shops), after paragraph

2(5) insert—

“(6) Nothing in this paragraph applies where the Sunday is

Remembrance Sunday (the opening of large shops on Remembrance

Sunday being prohibited by section 1 of the Remembrance Sunday

30(Closure of Shops) Act 2011).”

(3) In Schedule 3 (loading and unloading at large shops on Sunday morning), after

paragraph 10 insert—