OpenLegislation

Section 13 Shops where more than one trade or business is carried on.

England, Wales and Scotland

(1)

Where several trades or businesses are carried on in the same shop, and any of those trades or businesses is of such a nature that, if it were the only trade or business carried on in the shop, the shop would be exempt from the obligation to be closed on the F1early closing day, the exemption shall apply to the shop so far as the carrying on of that trade or business is concerned, subject, however, to such conditions as may be prescribed.

(2)

Where several trades or businesses are carried on in the same shop and any of those trades or businesses consists only of transactions of such a nature that, if they were the only transactions carried on in the shop, the provisions of this Act relating to general closing hours would not apply to the shop, the shop may be kept open after the general closing hours for the purposes of those transactions alone, subject, however, to such conditions as may be prescribed.

(3)

Where several trades or businesses are carried on in the same shop and any of those trades or businesses is of such a nature that if it were the only trade or business carried on in the shop a closing order would not apply to the shop, the shop may be kept open for the purposes of that trade and business alone after the closing hour fixed by the closing order, but on such terms and under such conditions as may be specified in the order.

(4)

Where several trades or businesses are carried on in the same shop, the local authority may require the occupier of the shop to specify which trade or business he considers to be his principal trade or business, and no trade or business other than that so specified shall, for the purpose of determining a majority or any proportion or number of occupiers or of shops for the purposes of this Part of this Act, be considered as carried on in the shop unless the occupier of the shop satisfies the local authority that it forms a substantial part of the business carried on in the shop.

Annotations

Textual amendments

F1

Words substituted by virtue of Shops (Early Closing Days) Act 1965 (c. 35), s. 3

Notes on the whole Act

Textual amendments

F1

Act repealed (1.12.1994) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3037, art. 2; and Pts. I, II and s. 67 ceased to have effect (1.12.1994) by 1994 c. 40, ss. 23, 24; S.I. 1994/3037, art. 3

Notes on Part I

Modifications

C1

Pt. I excluded by Shops (Airports) Act 1962 (c. 35), s. 1(1)(2)

C2

Pt. I (ss. 1-16) excluded (E.W.) (26.8.1994) by 1994 c. 20, s. 5(1); S.I. 1994/1841, art. 2

C3

Pt. I (ss. 1-16) excluded (14.10.1994) by S.I. 1994/2478, art. 3