Casual Trading Act, 1995

Casual trading.

2.—(1) Subject to subsection (2), “casual trading” means selling goods at a place (including a public road) to which the public have access as of right or at any other place that is a casual trading area.

(2) Casual trading does not include—

(a) selling by auction (other than by Dutch auction) by the holder of a licence or permit for the time being in force under the Auctioneers and House Agents Acts, 1947 to 1973,

(b) selling to a person at the place where he resides or carries on business,

(c) selling in respect of which it is shown by the seller—

(i) that any profits therefrom are for use for charitable purposes or for other purposes from which no private profit is derived, and

(ii) that no remuneration, emolument, gain or profit will accrue to the seller or his servants or agents therefrom.

(3) The Minister may, by regulations, amend (whether by the addition, deletion or alteration of classes) the classes of selling specified in subsection (2) and that subsection shall have effect in accordance with any such regulations.

(4) A local authority may, as respects its functional area, by bye-laws under section 6 add to the classes of selling specified in subsection (2) and that subsection shall, in relation to that functional area, be construed and have effect in accordance with any such bye-laws for the time being in force.