COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 4

COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 4

4 .         Application of Act

        (1)         Subject to subsection (2), this Act does not apply to or in relation to a retail shop lease that was entered into —

            (a)         before the relevant day; or

            (b)         pursuant to an option granted or agreement made before the relevant day.

        (2)         Section 16 applies to and in relation to a retail shop lease whether or not it was entered into as mentioned in subsection (1), but section 27 has no effect in relation to a question arising under a retail shop lease if it was entered into as mentioned in subsection (1).

        (3)         In this section the relevant day , in relation to a retail shop lease, means the day on which this Act comes into operation or, where the lease is a retail shop lease by reason only of a regulation prescribing a business of a particular kind to be a specified business, means the day on which that regulation comes into operation.

        (4)         Regulations may be made exempting from all or any of the provisions of this Act —

            (a)         a prescribed person, retail shop lease or retail shop; or

            (b)         a prescribed class of persons, retail shop leases or retail shops.

        (5)         The regulations may provide for conditions and restrictions subject to which an exemption is to apply.

        [Section 4 amended: No. 55 of 2004 s. 118; No. 59 of 2011 s. 6.]