Crown Copyright Acknowledged
Christmas Day (Trading) Act 2004
2004 Chapter 26
An Act to prohibit the opening of large shops on Christmas Day and to restrict the loading or unloading of goods at such shops on Christmas Day.
[28th October 2004]
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
1. Prohibition of opening of large shops on Christmas Day
(1) A large shop must not be open on Christmas Day for the serving of retail customers.
(2) Subsection (1) does not apply to any of the shops mentioned in paragraph 3(1) of Schedule 1 to the 1994 Act (shops exempt from restrictions on Sunday trading).
(3) If subsection (1) is contravened in relation to a shop, the occupier of the shop is liable on summary conviction to a fine not exceeding £50,000.
(4) In its application for the purposes of subsection (2), paragraph 3(2) of Schedule 1 to the 1994 Act (which relates to the interpretation of paragraph 3(1) of that Schedule) has effect as if –
(a) the reference to weekdays were a reference to days of the year other than Christmas Day, and
(b) the reference to Sunday were a reference to Christmas Day.
(5) In this section –
"large shop" has the same meaning as in Schedule 1 to the 1994 Act, except that for the purposes of this section the definition of "relevant floor area" in paragraph 1 of that Schedule is to be read as if the reference to the week ending with the Sunday in question were a reference to the period of seven days ending with the Christmas Day in question;
"retail customer" and "shop" have the same meaning as in that Schedule.
2. Loading and unloading early on Christmas Day
(1) Where a shop which is prohibited by section 1 from opening on Christmas Day is located in a loading control area, the occupier of the shop must not load or unload, or permit any other person to load or unload, goods from a vehicle at the shop before 9 a.m. on Christmas Day in connection with the trade or business carried on in the shop, unless the loading or unloading is carried on-
(a) with the consent of the local authority for the area in which the shop is situated, granted in accordance with this section, and
(b) in accordance with any conditions subject to which that consent is granted.
(2) The provisions of paragraphs 3 to 8 of Schedule 3 to the 1994 Act shall apply in relation to consent under subsection (1) as they apply in relation to consent under that Schedule, but as if –
(a) the reference in paragraph 6(1) to Sunday were a reference to Christmas Day, and
(b) the reference in paragraph 7(a) to an offence under paragraph 9 of that Schedule were a reference to an offence under subsection (3).
(3) A person who contravenes subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) In this section, "loading control area" means any area designated by a local authority as a loading control area in accordance with section 2 of the 1994 Act.
3. Enforcement
(1) It is the duty of every local authority to enforce within their area the provisions of sections 1 and 2.
(2) For the purposes of their duties under subsection (1), it is the duty of every local authority to appoint inspectors, who may be the same persons as those appointed as inspectors by the local authority under paragraph 2 of Schedule 2 to the 1994 Act.
(3) Paragraphs 3 and 4 of Schedule 2 to the 1994 Act (powers of entry and obstruction of inspectors) apply in respect of inspectors appointed under subsection (2) as they apply to inspectors appointed under paragraph 2 of that Schedule and, for the purposes of paragraph 3 of that Schedule as so applied, the reference in that paragraph to the provisions of Schedules 1 and 3 to the 1994 Act is to be taken to be a reference to the provisions of sections 1 and 2 of this Act.
(4) Paragraphs 5, 6 and 7 of Schedule 2 to the 1994 Act (offences due to fault of other person, offences by body corporate and defence of due diligence) apply in respect of the offences under sections 1 and 2 as they apply in respect of offences under the 1994 Act.
(5) In this section "local authority" has the meaning given by section 8 of the 1994 Act.
4. Consequential amendments
(1) The 1994 Act is amended as follows.
(2) In Schedule 1 (restrictions on Sunday opening of large shops)-
(a) in sub-paragraph (4) of paragraph 2, omit "or Christmas Day", and
(b) after that sub-paragraph insert –
"(5) Nothing in this paragraph applies where the Sunday is Christmas Day (the opening of large shops on Christmas Day being prohibited by section 1 of the Christmas Day (Trading) Act 2004)."
(3) In Schedule 3 (loading and unloading at large shops on Sunday morning), after paragraph 9 insert –
"Christmas Day
10 Paragraph 2 does not apply where the Sunday is Christmas Day (loading and unloading at large shops on Christmas Day being regulated by section 2 of the Christmas Day (Trading) Act 2004)."
5. Expenses
There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.
6. Short title, interpretation, commencement and extent
(1) This Act may be cited as the Christmas Day (Trading) Act 2004.
(2) In this Act "the 1994 Act" means the Sunday Trading Act 1994 (c. 20).
(3) This Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.
(4) This Act extends to England and Wales only. | | EXPLANATORY NOTES
INTRODUCTION
1. These Explanatory Notes relate to the Christmas Day (Trading) Act 2004 which received Royal Assent on 28 October 2004. They have been prepared by the Department of Trade and Industry in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament.
2. The Notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given.
SUMMARY
3. The Act prohibits large stores (as defined in the Sunday Trading Act 1994 ("the 1994 Act")) from opening on Christmas Day.
4. The 1994 Act prohibits large stores from opening on Christmas Day when that day falls on a Sunday. The purpose of the Act is to extend that prohibition to Christmas Day where that day falls on a day of the week other than Sunday.
5. The Act also prohibits loading and unloading at large shops before 9 a.m. in areas designated as loading control areas by a local authority under section 2 of the 1994 Act. Loading and unloading is only prohibited under the Act insofar as it is carried out in connection with the trade or business carried on in the shop.
6. The Act does not seek to regulate opening by shops with a relevant floor area (as defined) of 280 square metres (3,000 square feet) or less.
7. The main definitions of the terms contained in this Act are set out in the glossary annexed to these Notes.
COMMENTARY ON SECTIONS
Section 1: Prohibition of opening of large shops on Christmas Day
8. Subsection (1) prohibits large shops from opening on Christmas Day. Subsection (2) exempts those shops currently exempt from restrictions on Sunday trading under paragraph 3(1) of Schedule 1 to the 1994 Act. Shops covered by the exemption include farm shops, shops selling intoxicating liquor, motor or cycle supplies, pharmacies, petrol stations, shops located in transport centres and stands at exhibitions.
9. Subsection (4) amends paragraph 3(2) of Schedule 1 to the 1994 Act (which covers interpretation of the exemptions contained in paragraph 3(1) of that Schedule) insofar as it applies to this Act and ensures that those exemptions apply to the provisions of this Act.
Section 2: Loading and unloading early on Christmas Day
10. Subsection (1) prohibits large shops located in an area designated by a local authority as a loading control area from loading and unloading before 9 a.m. on Christmas Day unless, (a) the relevant local authority has granted consent, and (b) any loading or unloading is carried out in accordance with any conditions attached to that consent.
11. Subsection (2) applies paragraphs 3 to 8 of Schedule 3 to the 1994 Act to any consent granted under subsection (1). Those paragraphs relate to the grant, application for, revocation and publication of any consent to early loading and unloading by a local authority.
12. Subsection (3) provides that a person who breaches the prohibition on loading and unloading shall be liable to a fine not exceeding level three on the standard scale.
13. Subsection (4) defines "loading control area" as an area designated as such under section 2 of the 1994 Act.
Section 3: Enforcement
14. Subsections (1) and (2) provide that local authorities shall be under a duty to enforce the prohibition of opening by large stores on Christmas Day and to appoint inspectors for this purpose. These inspectors may be the same as those appointed under the 1994 Act.
15. Subsection (3) provides that inspectors will have the same powers as those appointed under the 1994 Act.
Section 4: Consequential Amendments
16. Subsections (1) to (3) contain consequential amendments to the 1994 Act. The prohibition on the opening of large shops and on loading and unloading before 9 a.m. on any Christmas Day which falls on a Sunday will now be imposed by the Act rather than the 1994 Act.
Section 6: Short title, interpretation, commencement and extent
17. The Act is to come into force on a day to be appointed by the Secretary of State by order.
COMMENCEMENT
18. The Act will be brought into force on a day to be appointed by the Secretary of State by order.
TERRITORIAL EXTENT AND TERRITORIAL APPLICATION
19. The Act extends to England and Wales, but not to Scotland or Northern Ireland. The Act will have no effect on the functions of the National Assembly for Wales, as functions relating to trading are not devolved as regards Wales.
HANSARD REFERENCES
20. The following table sets out the dates and Hansard references for each stage of this Act's passage through Parliament.
|
Stage |
Date |
Hansard Reference |
|
House of Commons |
|
|
|
Introduction |
7 January 2004 |
Vol. 416 Col. 260-261 |
|
Second Reading |
26 March 2004 |
Vol. 419 Col. 1155-1192 |
|
Money Resolution Debate |
5 May 2004 |
Vol. 420 Col. 1407-1417 |
|
Committee |
12 May 2004 |
SC - D |
|
Report and Third Reading |
18 June 2004 |
Vol. 422 Col. 974-1043 |
|
House of Lords |
|
|
|
Introduction |
21 June 2004 |
Vol. 622 Col. 1013-1014 |
|
Second Reading |
16 July 2004 |
Vol. 663 Col.1530-1547 |
|
Committee |
8 September 2004 |
Vol. 664 Col.680-684 |
|
Report |
15 September 2004 |
Vol. Col. 1180-1181 |
|
Third Reading |
11 October 2004 |
Vol. 665 Col. 12-13 |
|
House of Commons |
|
|
|
Consideration of House of Lords' Amendments |
15 October 2004 |
Vol. 425 Col. 530-571 |
Royal Assent -- 28 October 2004 House of Lords Hansard Vol. 665, Col. 959
House of Commons Hansard Vol. 425, Col. 1557
GLOSSARY OF TERMS USED IN THE SUNDAY TRADING ACT 1994
shop means any premises where there is carried on a trade or business consisting wholly or mainly of the sale of goods (see Schedule 1, paragraph 1 to the 1994 Act)
a large shop is a shop which has a relevant floor area exceeding 280 square metres (see Schedule 1, paragraph 1 to the 1994 Act)
relevant floor area in relation to a shop means the internal floor area of so much of the shop as consists of or is comprised in a building, but excluding any part of the shop, which throughout the [period of seven days ending with the Christmas Day in question], is used neither for the serving of customers in connection with the sale of goods nor for the display of goods (see Schedule 1, paragraph 1 to the 1994 Act)
The words in square brackets above are inserted into the definition in the 1994 Act (in place of a reference to Sunday) by section 1(5) of this Act insofar as the definition applies to the meaning of "large shop" in this Act. |
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Crown Copyright Acknowledged |
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