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Wednesday 16th June 2004


CONSIDERATION OF BILL

CHRISTMAS DAY TRADING BILL


NEW CLAUSE

Cultural and non-Christian exemption

   

Mr Greg Knight
Mr Christopher Chope

NC1

To move the following Clause:—

    '(1)   Where the owner of a large shop employs entirely non-Christian employees in that shop and lodges notice of such fact with the local authority no later than 1st November in any year, the large shop shall be exempt from the provisions of this act for the Christmas Day following.

    (2)   A notice made under subsection (1) shall be in writing and shall identify—

      (a) the shop premises concerned,

      (b) the owner of the shop, and

      (c) the identity of all the employees.'.


   

Mr Eric Forth

4

Page     1,     line     8     [Clause     1],     at end insert—

    '(2A)   No shop worker may be required to work in a shop to which subsection (2) applies.

    (2B)   The dismissal of a shop worker by his employer shall be regarded for the purposes of Part V of the Employment Protection (Consolidation) Act 1978 as unfair if the reason for it (or, if more than one, the principal reason) was that he refused or proposed to work in a shop to which subsection (2) applies on Christmas Day.

    (2C)   In this section "shop worker" has the same meaning as in the 1994 Act.'.

   

Mr Eric Forth

6

Page     1,     line     8     [Clause     1],     at end insert—

    '(2A)   Subsection (1) does not apply to any shop where the trade or business consists wholly or mainly of the sale of books.'.

   

Mr Eric Forth

7

Page     1,     line     8     [Clause     1],     at end insert—

    '(2A)   Subsection (1) does not apply to any shop where the trade or business consists wholly or mainly of the sale of children's toys and games.'.

   

Mr Eric Forth

8

Page     1,     line     8     [Clause     1],     at end insert—

    '(2A)   Subsection (1) does not apply to any shop which meets a prescribed local need.

    (2B)   in this section, "prescribed" means prescribed by regulations made by the Secretary of State.

    (2C)   In this section, the power to make regulations is exercisable by statutory instrument, and any regulations are to be subject to annulment in pursuance of a resolution of either House of Parliament.'.

   

Mr Greg Knight
Mr Christopher Chope

10

Page     1,     line     8     [Clause     1],     at end insert—

    '(2A)   Subsection (1) does not apply to any shop—

      (a) which is a registered pharmacy, and

      (b) where the trade or business carried on consists wholly or mainly of the retail sale of medicinal products and medical and surgical appliances.'.

   

Mr Greg Knight
Mr Christopher Chope

11

Page     1,     line     8     [Clause     1],     at end insert—

    '(2A)   Subsection(1) does not apply to any shop where there is a local public demand for it to be open on Christmas Day.

    (2B)   A local public demand under subsection (2A) shall be deemed to exist for the Christmas Day following where by 1st November in any year the local authority has received a petition signed by no fewer than 1,000 persons

      (a) who reside within the local authority area in which the large shop is situated, and

      (b) whose names appear on the electoral register.'.

   

Mr Eric Forth

5

Page     1,     line     15     [Clause     1],     at end insert—

    '(5)   In its application for the purposes of subsection (2), Schedule 3 to the 1994 Act (loading and unloading at large shops on Sunday morning) has effect as if the reference to Sunday were a reference to Christmas Day.'.


   

Mr Greg Knight
Mr Christopher Chope

12

Page     2,     line     33     [Clause     5],     leave out subsection (4) and insert—

       'This Act extends to Northern Ireland (as well as to England and Wales and Scotland)'.


 
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Prepared 16 Jun 2004