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CHRISTMAS DAY (TRADING) BILL |
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[The page and line references are to HL Bill 89, the bill as first printed for the Lords.] |
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1 | Insert the following new Clause— |
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| | “Prohibition of loading and unloading at large shops before 9 a.m. on |
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| (1) | Where a shop which is prohibited by section 1 from opening on Christmas |
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| Day is located in a loading control area, the occupier of the shop must not |
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| load or unload, or permit any other person to load or unload, goods from |
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| a vehicle at the shop before 9 a.m. on Christmas Day in connection with the |
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| trade or business carried on in the shop, unless the loading or unloading is |
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| (a) | with the consent of the local authority for the area in which the shop |
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| is situated, granted in accordance with this section, and |
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| (b) | in accordance with any conditions subject to which that consent is |
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| (2) | The provisions of paragraphs 3 to 8 of Schedule 3 to the 1994 Act shall |
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| apply in relation to consent under subsection (1) as they apply in relation |
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| to consent under that Schedule, but as if— |
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| (a) | the reference in paragraph 6(1) to Sunday were a reference to |
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| (b) | the reference in paragraph 7(a) to an offence under paragraph 9 of |
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| that Schedule were a reference to an offence under subsection (3). |
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| (3) | A person who contravenes subsection (1) is liable on summary conviction |
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| to a fine not exceeding level 3 on the standard scale. |
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| (4) | In this section, “loading control area” means any area designated by a local |
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| authority as a loading control area in accordance with section 2 of the 1994 |
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2 | Page 1, line 24, leave out “section 1” and insert “sections 1 and (Prohibition of loading |
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| and unloading at large shops before 9 a.m. on Christmas Day)” |
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3 | Page 2, line 10, leave out “section 1” and insert “sections 1 and (Prohibition of loading |
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| and unloading at large shops before 9 a.m. on Christmas Day)” |
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4 | Page 2, line 13, leave out “offence under section 1” and insert “offences under |
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| sections 1 and (Prohibition of loading and unloading at large shops before 9 a.m. on |
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5 | Leave out Clause 3 and insert the following new Clause— |
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| “Consequential amendments |
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| (1) | The 1994 Act is amended as follows. |
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| (2) | In Schedule 1 (restrictions on Sunday opening of large shops)— |
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| (a) | in sub-paragraph (4) of paragraph 2, omit “or Christmas Day”, and |
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| (b) | after that sub-paragraph insert— |
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| “(5) | Nothing in this paragraph applies where the Sunday is |
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| Christmas Day (the opening of large shops on Christmas |
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| Day being prohibited by section 1 of the Christmas Day |
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| (3) | In Schedule 3 (loading and unloading at large shops on Sunday morning), |
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| after paragraph 9 insert— |
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| 10 | Paragraph 2 does not apply where the Sunday is Christmas Day |
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| (loading and unloading at large shops on Christmas Day being |
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| regulated by section (Prohibition of loading and unloading at large |
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| shops before 9 a.m. on Christmas Day) of the Christmas Day |
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6 | At end insert “and to restrict the loading or unloading of goods at such shops on |
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