Shops (Hours of Trading) Act, 1938

Provisions in relation to certain orders.

4.—(1) The following provisions shall have effect, in relation to the making of an order to which this section applies, that is to say:—

(a) before making such order, the Minister shall cause a draft of such order to be prepared and shall cause to be inserted in the Iris Oifigiúil and in such newspapers circulating in the area to which the proposed order is intended to apply as he thinks proper a notice—

(i) stating his intention to make such order,

(ii) setting out the terms of such draft order,

(iii) inviting all interested parties to make to him within a specified time such representations in relation to such draft order as they may think fit;

(b) the Minister shall not in any case make such order until the expiration of the said specified time;

(c) at the expiration of the said specified time, the Minister may, after consideration of any representations made to him within the said specified time, make such order in terms of the said draft, without modification or with such modifications as he thinks proper.

(2) The making of an order to which this section applies shall be prima facie evidence that the provisions of sub-section (1) of this section have been duly complied with.

(3) This section applies to—

(a) every hours of trading order made under Part III of this Act;

(b) every Sunday-trading (exempted area) order made under Part IV of this Act;

(c) every hours of Sunday-trading (exempted businesses) order made under Part IV of this Act;

(d) any order amending or revoking any such order as is mentioned in paragraph (a) or paragraph (b) or paragraph (c) of this sub-section.