Shops (Hours of Trading) Act, 1938

Hours of Sunday-trading (exempted businesses) orders.

35.—(1) The Minister may, whenever and so often as he thinks fit, by order (in this Part of this Act referred to as an hours of Sunday-trading (exempted businesses) order), do the following things, that is to say:—

(a) declare that a particular area specified in or delimited by such order shall be a trading area for the purposes of such order; and

(b) either—

(i) declare that it shall not be lawful for the proprietor of any shop (being a shop in which there is carried on any business which is for the time being an exempted business for the purposes of this Part of this Act) situate in such trading area to open or keep open such shop for the serving of customers on any Sunday before a specified hour or after a specified hour, or

(ii) declare that it shall not be lawful for the proprietor of any shop (being a shop in which there is carried on any business which is for the time being an exempted business for the purposes of this Part of this Act) of a specified class (defined in such manner and by reference to such things as the Minister thinks proper) situate in such trading area to open or keep open such shop for the serving of customers on any Sunday before a specified hour or after a specified hour;

and such order may contain different provisions in relation to different periods of the year.

(2) The following provisions shall apply in respect of every hours of Sunday-trading (exempted businesses) order made in relation to a particular trading area, that is to say:—

(a) such order may relate to more than one class of shops and in that case may contain different provisions in relation to each class of shops to which it applies;

(b) such order may contain provisions authorising the serving of customers outside the hours specified therein in cases of emergency and such other cases as may be specified in such order.

(3) The Minister may by order under this sub-section revoke or amend any order made under this section (including this sub-section).

(4) Where—

(a) an hours of Sunday-trading (exempted businesses) order relates to two or more classes of shops, and

(b) a particular shop to which such order applies falls within more than one of the said classes,

the provisions of such order relating to one of the said classes within which such shop falls shall not be construed as affecting in any way the application to such shop of the provisions of such order relating to any other of the said classes within which such shop falls.

(5) Where two or more hours of Sunday-trading (exempted businesses) orders are applicable to the same shop nothing contained in any one of such orders shall be construed as affecting in any way the application to such shop of the other or others of such orders.

(6) If whenever an hours of Sunday-trading (exempted businesses) order is in force the proprietor of any shop to which such order applies acts in contravention of any of the provisions of such order which are applicable to such shop, such proprietor shall be guilty of an offence under this section.