House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament


 

 



LORDS AMENDMENTs

TO THE

CHRISTMAS DAY (TRADING) BILL

[The page and line references are to HL Bill 89, the bill as first printed for the Lords.]

After Clause 1

1

Insert the following new Clause—

 

        

“Prohibition of loading and unloading at large shops before 9 a.m. on

 

Christmas Day

 

(1)   

Where a shop which is prohibited by section 1 from opening on Christmas

 

Day 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 vehicle at the shop before 9 a.m. on Christmas Day 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)   

in accordance with any conditions subject to which that consent is

 

granted.

 

(2)   

The provisions of paragraphs 3 to 8 of Schedule 3 to the 1994 Act shall

 

apply in relation to consent under subsection (1) as they apply in relation

 

to consent under that Schedule, but as if—

 

(a)   

the reference in paragraph 6(1) to Sunday were a reference to

 

Christmas Day, and

 

(b)   

the reference in paragraph 7(a) to an offence under paragraph 9 of

 

that Schedule were a reference to an offence under subsection (3).

 
Bill 15953/3

 

(  2  )

 
 

(3)   

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

 

to a fine not exceeding level 3 on the standard scale.

 

(4)   

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.”

Clause 2

2

Page 1, line 24, leave out “section 1” and insert “sections 1 and (Prohibition of loading

 

and unloading at large shops before 9 a.m. on Christmas Day)

 

3

Page 2, line 10, leave out “section 1” and insert “sections 1 and (Prohibition of loading

 

and unloading at large shops before 9 a.m. on Christmas Day)

 

4

Page 2, line 13, leave out “offence under section 1” and insert “offences under

 

sections 1 and (Prohibition of loading and unloading at large shops before 9 a.m. on

 

Christmas Day)

 

Clause 3

5

Leave out Clause 3 and insert the following new Clause—

 

“Consequential amendments

 

(1)   

The 1994 Act is amended as follows.

 

(2)   

In Schedule 1 (restrictions on Sunday opening of large shops)—

 

(a)   

in sub-paragraph (4) of paragraph 2, omit “or Christmas Day”, and

 

(b)   

after that sub-paragraph insert—

 

     “(5)  

Nothing in this paragraph applies where the Sunday is

 

Christmas Day (the opening of large shops on Christmas

 

Day being prohibited by section 1 of the Christmas Day

 

(Trading) Act 2004).”.

 

(3)   

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

 

after paragraph 9 insert—

 

Christmas Day

 

10         

Paragraph 2 does not apply where the Sunday is Christmas Day

 

(loading and unloading at large shops on Christmas Day being

 

regulated by section (Prohibition of loading and unloading at large

 

shops before 9 a.m. on Christmas Day) of the Christmas Day

 

(Trading) Act 2004).””

 

In the Title

6

At end insert “and to restrict the loading or unloading of goods at such shops on


 

(  3  )

 
 

Christmas Day”


 

(  4  )


 
contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 12 October 2004