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prohibit
the opening of large shops on Christmas Day. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Prohibition
of opening of large shops on Christmas Day |
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(1) |
A large shop must not be
open on Christmas Day for the serving of retail |
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(2) |
Subsection (1) does not
apply to any of the shops mentioned in paragraph 3(1) |
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of Schedule 1 to the 1994
Act (shops exempt from restrictions on Sunday |
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5 |
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(3) |
If subsection (1) is contravened
in relation to a shop, the occupier of the shop is |
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liable on summary conviction
to a fine not exceeding £50,000. |
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(4) |
In its application for the
purposes of subsection (2), paragraph 3(2) of Schedule |
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1 to the 1994 Act (which
relates to the interpretation of paragraph 3(1) of that |
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10 |
Schedule) has effect as if— |
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(a) |
the reference to weekdays
were a reference to days of the year other |
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(b) |
the reference to Sunday were
a reference to Christmas Day. |
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“large
shop” has the same meaning as in Schedule 1 to the 1994
Act, except |
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that
for the purposes of this section the definition of “relevant
floor |
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area”
in paragraph 1 of that Schedule is to be read as if the reference
to |
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the
week ending with the Sunday in question were a reference to the
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period
of seven days ending with the Christmas Day in question; |
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“retail
customer” and “shop” have the same meaning as
in that Schedule. |
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(1) |
It is the duty of every
local authority to enforce within their area the provisions |
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(2) |
For
the purposes of their duties under subsection (1), it is the duty
of every |
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local authority to appoint
inspectors, who may be the same persons as those |
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appointed as inspectors by
the local authority under paragraph 2 of Schedule |
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(3) |
Paragraphs 3 and 4 of Schedule
2 to the 1994 Act (powers of entry and |
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obstruction of inspectors)
apply in respect of inspectors appointed under |
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subsection (2) as they apply
to inspectors appointed under paragraph 2 of that |
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Schedule and, for the purposes
of paragraph 3 of that Schedule as so applied, |
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the reference in that paragraph
to the provisions of Schedules 1 and 3 to the |
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1994 Act is to be taken to
be a reference to the provisions of section 1
of this Act. |
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(4) |
Paragraphs 5, 6 and 7 of
Schedule 2 to the 1994 Act (offences due to fault of |
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other person, offences by
body corporate and defence of due diligence) apply |
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in respect of the offence
under section 1
as they apply in respect of offences |
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(5) |
In this section “local
authority” has the meaning given by section 8 of the 1994
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3 |
Consequential
amendments |
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(1) |
In Schedule 1 to the 1994
Act (restrictions on Sunday opening of large shops), |
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paragraph 2 is amended as
follows. |
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(2) |
In sub-paragraph (4), omit
“or Christmas Day”. |
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(3) |
After that sub-paragraph
insert— |
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“(5) |
Nothing in this paragraph
applies where the Sunday is Christmas |
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Day
(the opening of large shops on Christmas Day being prohibited
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by
section 1
of the Christmas Day (Trading) Act 2004).” |
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25 |
There
is to be paid out of money provided by Parliament any increase
attributable to |
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this
Act in the sums which under any other Act are payable out of money
so provided. |
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5 |
Short
title, interpretation, commencement and extent |
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(1) |
This Act may be cited as
the Christmas Day (Trading) Act 2004. |
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(2) |
In this Act “the 1994
Act” means the Sunday Trading Act 1994 (c. 20). |
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(3) |
This Act comes into force
on such day as the Secretary of State may by order |
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made by statutory instrument
appoint. |
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(4) |
This Act extends to England
and Wales only. |
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