Section 8 Closing orders.

England, Wales and Scotland

(1)

An order (in this Act referred to as “a closing order”) made by a local authority, . . . F1, may fix the hours on the several days of the week at which, either throughout the area of the local authority or in any specified part thereof, all shops or shops of any specified class are to be closed for serving customers.

(2)

The hour fixed by a closing order shall not be earlier than seven o’clock in the evening on any day of the week.

(3)

The order may—

(a)

define the shops and trades to which the order applies; and

(b)

authorise sales after the closing hour fixed by the order in cases of emergency and in such other circumstances as may be specified or indicated in the order; and

(c)

contain any incidental, supplemental, or consequential provisions which may appear necessary or proper.

(4)

Nothing in the foregoing provisions of this Act relating to general closing hours shall affect the power of a local authority by a closing order under this section to fix closing hours earlier than the general closing hours fixed by or under this Act:

Provided that any closing order shall be of no effect in so far as it authorises sales after the general closing hours fixed by or under this Act or contains provisions inconsistent with the provisions of this Act relating to general closing hours.

(5)

Nothing in any closing order shall prevent—

(a)

the serving of a customer where it is proved that the customer was in the shop before the closing hour fixed by the order, or that reasonable grounds existed for believing that the article supplied after that hour was required in the case of illness; or

(b)

any transaction mentioned in the Second Schedule to this Act.

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Annotations

Textual amendments

F1: Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(4), Sch. 34 Pt. IV
F2: Ss. 2(2), 2(4), 5, 7, 8(6) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. X

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F1: Act repealed (1.12.1994) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3037, art. 2; and Pts.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