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Shop Trading (Special Provisions) Bill 1999
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to provide for shops to be kept closed on Sunday 26 December 1999, other than:(a) scheduled shops, such as newsagencies, chemists and video shops, within the meaning of the Factories, Shops and Industries Act 1962, and
(b) small shops within the meaning of that Act, and
(c) certain shops in holiday resort areas already exempted from Sunday trading restrictions by ministerial exemptions under section 89B of that Act.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent.
Clause 3 defines certain words used in the proposed Act.
Clause 4 (1) and (2) provide that the proposed Act is to be construed with and as if it formed part of the Factories, Shops and Industries Act 1962 and that the proposed Act prevails in the event of any inconsistency between it and that Act. Clause 4 (3) provides that words and expressions used in the proposed Act have the same meanings as they have in Part 4 of the Factories, Shops and Industries Act 1962.
Clause 5 gives effect to the object of the Bill outlined above. Clause 5 (1) sets out the purpose of the clause. Clause 5 (2) provides that no departmental exemption under section 78A of the Factories, Shops and Industries Act 1962 or ministerial exemption under section 89B of that Act that would have the effect of exempting a shop or shopkeeper from the operation of section 84 of that Act (the provision that restricts trading on Sundays) in respect of Sunday 26 December 1999 can be granted after the commencement of the proposed Act . Clause 5 (3) and (4) provide that any departmental exemption granted before the commencement of the proposed Act, or ministerial exemption granted after this Bill was introduced into Parliament, does not operate to allow a shop to open on Sunday 26 December 1999. Clause 5 (5) makes it clear that the Factories, Shops and Industries Act 1962, including sections 84 and 86 (the offence provision) of that Act, apply to any shop or shopkeeper that is the subject of an exemption referred to in clause 5 (3) or (4) in respect of Sunday 26 December 1999. Clause 5 (6) makes it clear that section 84 (4) of the Factories, Shops and Industries Act 1962 does not nullify the operation of the proposed Act. Clause 5 (7) provides that the proposed Act does not affect any ministerial exemption under section 89B of the Factories, Shops and Industries Act 1962 granted before the introduction of this Bill into Parliament.
Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.