Christmas Day (Trading) Act 2004

2Loading and unloading early on Christmas DayE+W

This section has no associated Explanatory Notes

(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.

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Commencement Information

I1S. 2 in force at 9.12.2004 by S.I. 2004/3235, art. 2