Article 4 Exemption for certain kinds of large shop

Northern Ireland

(1)

Article 3(1) does not apply in relation to—

(a)

any shop which is at a farm and where the trade or business carried on consists wholly or mainly of the sale of produce from that farm;

(b)

any shop where the trade or business carried on consists wholly or mainly of the sale of intoxicating liquor;

(c)

any shop where the trade or business carried on consists wholly or mainly of the sale of any one or more of the following—

(i)

motor supplies and accessories; and

(ii)

cycle supplies and accessories;

(d)

any shop which—

(i)

is a registered pharmacy; and

(ii)

is not open for the retail sale of any goods other than medicinal products and medical and surgical appliances;

(e)

any shop which—

(i)

is at an airport; and

(ii)

is situated in a part of the airport ordinarily used by persons travelling by air to or from the airport;

(f)

any shop in a railway station or bus station;

(g)

any shop at a service area within the meaning of the 1993 NI 15. Roads (Northern Ireland) Order 1993;

(h)

any petrol filling station;

(i)

any shop which is not open for the retail sale of any goods other than food, stores or other necessaries required by any person for a vessel or aircraft on its arrival at, or immediately before its departure from, a port, harbour or airport; and

(j)

any stand used for the retail sale of goods during the course of an exhibition.

(2)

In determining whether a shop falls within paragraph (1)(a), (b) or (c), regard shall be had to the nature of the trade or business carried on there on weekdays as well as to the nature of the trade or business carried on there on Sunday.

(3)

In this Article—

“medicinal product” and “registered pharmacy” have the same meaning as in the F1the Human Medicines Regulations 2012; and
“Stand”, in relation to an exhibition, means any platform, structure, space or other area provided for exhibition purposes.

Annotations

Textual amendments

F1: Words in art. 4(3) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 51 (with Sch. 32)

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481