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Christmas Day and New Year's Day Trading (Scotland) Act 2007

2007 asp 13

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 7th March 2007 and received Royal Assent on 13th April 2007

An Act of the Scottish Parliament to prohibit the opening of large shops on Christmas Day and to confer power to prohibit the opening of such shops on New Year's Day for the purpose of retail trading.

1Large shops not to open on Christmas DayS

No large shop is to open for the purpose of making retail sales on Christmas Day unless it is exempted by section 3.

2Application of section 1 to New Year's DayS

(1)The Scottish Ministers may, by order made by statutory instrument, provide that section 1 applies in relation to New Year's Day as it applies in relation to Christmas Day.

(2)An order under subsection (1) is to be made only if a draft of the order has been laid before and approved by a resolution of the Scottish Parliament.

(3)The Scottish Ministers may not lay a draft of an order under subsection (1) before the Parliament in pursuance of subsection (2) unless, having consulted the persons mentioned in subsection (4), they have laid before the Parliament—

(a)a report about the economic impact, and the impact on family life, of large shops opening for the purpose of making retail sales on New Year's Day; and

(b)a statement that they are of the view, having considered the matters in the report, that the order should be made and setting out their reasons for being of that view.

(4)The persons referred to in subsection (3) are—

(a)every council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

(b)such persons as appear to the Scottish Ministers to be representative of the interests of those who carry on business;

(c)such persons as appear to the Scottish Ministers to be representative of those who work in large shops; and

(d)such other persons as the Scottish Ministers think fit.

3ExemptionsS

A shop is exempt from section 1 if—

(a)the trade or business carried on consists wholly or mainly of the sale of—

(i)meals, refreshments or alcohol for consumption on the premises on which they are sold; or

(ii)meals or refreshments prepared to order for consumption off those premises;

(b)it is a registered pharmacy and is open solely for the purpose of the dispensing of drugs, medicines or appliances on prescription;

(c)it is within a port, railway station or commercial airport;

(d)it is at a motorway service area; or

(e)the trade or business carried on consists wholly or mainly of the sale of fuel for motor vehicles.

4OffenceS

If section 1 is contravened—

(a)the occupier of the shop; and

(b)if different, the person responsible for controlling or managing the operations carried on at the shop on the day in question,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50,000.

5Offences by bodies corporate, etc.S

(1)Where an offence under this Act committed by a body of persons—

(a)was committed with the consent or connivance of—

(i)a person concerned, or purporting to be concerned, in the management or control of the body; or

(ii)a relevant person; or

(b)was attributable to any neglect on the part of such person,

that person, as well as the body, is guilty of the offence.

(2)In this section—

6Defence of due diligenceS

The offence under section 4 is one of strict liability, but it shall be a defence for an accused to prove that the accused or a person under the control of the accused took all reasonable precautions and exercised all due diligence to avoid its commission.

7InterpretationS

In this Act—

Textual Amendments

8Short titleS

This Act may be cited as the Christmas Day and New Year's Day Trading (Scotland) Act 2007