Shops (Conditions of Employment) (Amendment) Act, 1942

Amendment of section 3 of the Principal Act.

3.—(1) Section 3 of the Principal Act is hereby amended by the deletion therefrom of the words “or any vehicle from which” and the words “or vehicle” wherever the latter words occur.

(2) The Principal Act (except Part VI thereof) shall extend to any vehicle in respect of which the following conditions are complied with, namely—

(a) the vehicle is being used, for the time being, wholly or mainly for the purposes of retail trade or business carried on therefrom,

(b) the vehicle travels from place to place for the purposes of such retail trade or business,

(c) such retail trade or business does not consist wholly or mainly of the selling of any one or more of the following commodities, namely, bread, flour confectionery, milk and ice cream,

as if the vehicle were a shop and as if the person by whom such retail trade or business is carried on were the proprietor of that shop, and for the purposes of such extension the expression “member of the staff” where it occurs in the Principal Act, shall, notwithstanding anything contained in section 2 of this Act, be construed, in its application to the vehicle, as meaning a person who travels on the vehicle and is employed (as driver or otherwise) for the purposes of such retail trade or business.

(3) The provisions of the Principal Act shall be deemed never to have extended to any vehicle from which there was carried on the retail trade of selling ice-cream, if and so long as the retail trade of selling ice-cream was the only or main trade carried on from such vehicle, and section 3 of the Principal Act shall be deemed always to have had effect accordingly.