Shops (Hours of Trading) Act, 1938
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —(1) This Act may be cited as the Shops (Hours of Trading) Act, 1938.
(2) This Act shall come into operation on such day as shall be fixed for that purpose by order of the Minister either generally or with reference to any particular Part or provision and different days may be so fixed for different Parts and different provisions of this Act.
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paragraphs: —(1) In this Act—
the expression “the Minister” means the Minister for Industry and Commerce;
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paragraphs: —(1) Subject to the provisions of this section, each of the following days shall, for the purposes of this Act, be a public holiday, that is to say:—
(a) Christmas Day when it falls on a weekday or, when it falls on a Sunday, the 27th day of December, and
(b) St. Stephen's Day when it falls on a weekday or, when it falls on a Sunday, the next following Monday, and
(c) St. Patrick's Day when it falls on a weekday or, when it falls on a Sunday, the next following Monday, and
(d) Easter Monday, Whit Monday, and the first Monday in August.
(2) Whenever in any year a day is appointed under the Public Holidays Act, 1924 (No. 56 of 1924), to be a bank holiday instead of a day mentioned in the next preceding sub-section of this section, the day so appointed shall in that year be deemed to be substituted throughout the said sub-section for the day so mentioned and the said sub-section shall be construed and have effect accordingly.
(3) The Minister may, whenever and so often as he thinks fit, by order under this sub-section amend, in respect of any specified area, sub-section (1) of this section in any one or more of the following ways, that is to say:—
(a) by substituting for the day which is a public holiday by virtue of paragraph (b) of the said sub-section (1), the 1st day of January, or the 6th day of January,
(b) by substituting for Easter Monday, Ascension Thursday,
(c) by substituting for Whit Monday, the Feast of Corpus Christi or the 29th day of June,
(d) by substituting for the first Monday in August, the 15th day of August,
and whenever any such order is made in respect of any specified area, then, so long as such order remains in force, sub-section (1) of this section shall have effect in relation to any shops in such area subject to such amendment.
(4) The Minister may by order under this sub-section amend or revoke any order made by him under this section (including this sub-section).
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paragraphs: —(1) The following provisions shall have effect, in relation to the making of an order to which this section applies, that is to say:—
(a) before making such order, the Minister shall cause a draft of such order to be prepared and shall cause to be inserted in the Iris OifigiÃºil and in such newspapers circulating in the area to which the proposed order is intended to apply as he thinks proper a notice—
(i) stating his intention to make such order,
(ii) setting out the terms of such draft order,
(iii) inviting all interested parties to make to him within a specified time such representations in relation to such draft order as they may think fit;
(b) the Minister shall not in any case make such order until the expiration of the said specified time;
(c) at the expiration of the said specified time, the Minister may, after consideration of any representations made to him within the said specified time, make such order in terms of the said draft, without modification or with such modifications as he thinks proper.
(2) The making of an order to which this section applies shall be prima facie evidence that the provisions of sub-section (1) of this section have been duly complied with.
(3) This section applies to—
(a) every hours of trading order made under Part III of this Act;
(b) every Sunday-trading (exempted area) order made under Part IV of this Act;
(c) every hours of Sunday-trading (exempted businesses) order made under Part IV of this Act;
(d) any order amending or revoking any such order as is mentioned in paragraph (a) or paragraph (b) or paragraph (c) of this sub-section.
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paragraphs: —(1) The Minister may, before exercising any power conferred on him by this Act, cause a public inquiry to be held into the matter which is the subject of the exercise of such power and appoint a fit and proper person to hold such inquiry, and every person who, in the opinion of the person appointed to hold any such inquiry, is substantially interested in the subject matter of such inquiry shall be entitled to appear and be heard at such inquiry.
(2) Evidence given at a public inquiry held under this section shall, if the person holding such inquiry so requires, be given on oath (which such person is hereby empowered to administer) and any person who gives false evidence at such inquiry shall be guilty of perjury and punishable accordingly.
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paragraphs: —Every person guilty of an offence under any section of this Act shall, save in the case of an offence for which a special penalty is provided by this Act, be liable on summary conviction thereof to, in the case of a first offence under such section, a fine not exceeding ten pounds or, in the case of a second or any subsequent offence under such section, a fine not exceeding twenty-five pounds.
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paragraphs: —Where an offence under any section of this Act is committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of such body corporate, such director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.
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paragraphs: —An offence under any section of this Act may be prosecuted by the Minister or a member of the GÃ¡rda SÃ­ochÃ¡na.
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paragraphs: —(1) Any member of the GÃ¡rda SÃ­ochÃ¡na while in uniform may enter any shop and may there make such investigations as he may think proper and may demand of any person found in such shop his name and address.
(2) The proprietor of any shop, which a member of the GÃ¡rda SÃ­ochÃ¡na is entitled to enter under this section, shall do all such things and take all such steps as shall be reasonably required by such member to facilitate, in respect of such shop, the exercise by such member of any of the powers conferred on him by this section, and if any such proprietor fails or refuses to do anything or to take any steps required of him as aforesaid he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(3) Every person who does any of the following things, that is to say:—
(a) obstructs or impedes any member of the GÃ¡rda SÃ­ochÃ¡na in the exercise of any of the powers conferred on such member by this section, or
(b) when his name or his address is demanded of him by any such member in exercise of a power in that behalf conferred by this section, fails or refuses to give his name or fails or refuses to give his address or gives a name or an address which is false or misleading,
shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(4) The provisions of this section shall extend to any place where any retail trade or business is carried on as if that place were a shop and as if in relation to any such place the person by whom the retail trade or business is carried on were the proprietor of a shop.
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paragraphs: —The Minister may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed.
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paragraphs: —Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.
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paragraphs: —All expenses incurred in carrying this Act into execution shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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paragraphs: —The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.
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paragraphs: —Nothing in this Act shall apply to any fair lawfully held or to any bazaar or sale of work for charitable or other purposes from which no private profit is derived, or to any library at which the business of lending books or periodicals is not carried on for the purposes of gain, other than that of making profits for some philanthropic or charitable object (including any religious or educational object) or for any club or institution which is not itself carried on for purposes of gain.
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paragraphs: —Nothing in this Act shall be construed as rendering it unlawful to keep open a shop at any time for the serving of a customer with any victuals, stores or other necessities required by any naval, military or air force authority of the State or required for any ship or aircraft on her arrival at or immediately before her departure from a port, or aerodrome, if such shop is kept open only for such time as is necessary for the serving of such customer.
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paragraphs: —(1) Each of the following businesses shall be an exempted business for the purposes of this Part of this Act, that is to say:—
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paragraphs: —Each of the following businesses shall be a scheduled business for the purposes of this Part of this Act, that is to say:—
(a) any excepted business;
(b) any business which is for the time being an exempted business for the purposes of this Part of this Act.
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paragraphs: —(1) The proprietor of every shop shall specify in a notice (in this section referred to as a half-holiday notice), which shall be in the prescribed form and be kept affixed in a prominent place in such shop, the week-day in each week on which he proposes to close such shop not later than the hour of 1 p.m. and shall send to the sergeant in charge of the GÃ¡rda SÃ­ochÃ¡na station nearest to such shop a copy of such half-holiday notice before the commencement of the first week to which such notice relates.
(2) The proprietor of a shop may change the weekday specified in a half-holiday notice, but shall not do so—
(a) in case such shop is situate in a county borough oftener than once in any period of three months, nor
(b) in any case unless he has given to the sergeant in charge of the GÃ¡rda SÃ­ochÃ¡na station nearest to such shop, not later than seven days before he makes such change, notice of his intention to do so and of the proposed change.
(3) If the proprietor of a shop acts in contravention (whether by omission or commission) of this section, such proprietor shall be guilty of an offence under this section.
(4) In this Act the expression “weekly half-holiday” when used in relation to a particular shop in respect of a particular week means the weekday in such week specified by the proprietor of such shop in pursuance of sub-section (1) of this section.
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paragraphs: —(1) Subject to the provisions of this section, it shall not be lawful for the proprietor of any shop to keep such shop open for the serving of customers later than the hour of 1 p.m. on the weekday in any week which is in relation to such shop the weekly half-holiday in that week.
(2) Where a shop is closed during the whole day on the occasion of a public holiday in any week and that day is not the weekly half-holiday in respect of such shop in that week, it shall be lawful for the proprietor of such shop to keep such shop open for the serving of customers after the hour of 1 p.m. on the weekly half-holiday immediately preceding or immediately succeeding that public holiday.
(3) The Minister may, whenever and so often as he thinks fit, by order under this sub-section—
(a) declare that a particular area (being an area frequented as a holiday resort during certain seasons of the year) specified or delimited in such order shall be an exempted area for the purposes of such order, and
(b) suspend during a specified period within such season in respect of all shops of a particular class (defined in such manner and by reference to such things as the Minister thinks proper) situate in such exempted area the operation of sub-section (1) of this section.
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paragraphs: —(1) The provisions of this Part of this Act shall extend to any place where or vehicle from which any retail trade or business is carried on as if that place or vehicle were a shop and as if in relation to any such place or vehicle the person by whom the retail trade or business is carried on were the proprietor of a shop.
(2) Nothing in this section shall—
(a) be construed as rendering unlawful the attendance of a barber or hairdresser on a customer in the customer's residence or the holding of an auction sale of private effects in a private dwelling house, or
(b) apply to the sale of newspapers.
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paragraphs: —In this Part of this Act—
the expression “the Act of 1912” means the Shops Act, 1912;
the expression “existing closing order” means a closing order made under section 5 of the Act of 1912 and in force immediately before the commencement of this Part of this Act.
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paragraphs: —(1) Each of the following businesses shall be an exempted business for the purposes of this Part of this Act, that is to say:—
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paragraphs: —Each of the following businesses shall be a scheduled business for the purposes of this Part of this Act, that is to say:—
(a) any excepted business;
(b) any business which is for the time being an exempted business for the purposes of this Part of this Act.
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paragraphs: —(1) Neither this Part of this Act nor an hours of trading order nor an existing closing order shall apply to any shop in which either the only business carried on therein is a scheduled business or all the businesses carried on therein are scheduled businesses.
(2) Where—
(a) any excepted business is carried on in a shop, and
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paragraphs: —(1) Subject to the provisions of this Act, the Minister may, whenever and so often as he thinks fit, by order (in this Act referred to as an hours of trading order) do the following things, that is to say:—
(a) declare that a particular area specified in or delimited by such order shall be a trading area for the purposes of such order; and
(b) either—
(i) declare that it shall not be lawful for the proprietor of any shop situate in such trading area to open or keep open such shop for the serving of customers on any weekday before a specified hour or after a specified hour (not being earlier than the hour of 6 p.m.), or
(ii) declare that it shall not be lawful for the proprietor of any shop of a specified class (defined in such manner and by reference to such things as the Minister thinks proper) situate in such trading area to open or keep open such shop for the serving of customers on any weekday before a specified hour or after a specified hour (not being earlier than the hour of 6 p.m.);
and such order may contain different provisions in relation to different days and in relation to different periods of the year.
(2) The following provisions shall apply in respect of every hours of trading order made in relation to a particular area, that is to say:—
(a) such order may relate to more than one class of shops and in that case may contain different provisions in relation to each class of shops to which it applies;
(b) such order may divide such area into such and so many sub-areas as the Minister thinks fit, and in that case may contain different provisions in relation to each of such sub-areas;
(c) such order may contain provisions authorising the serving of customers outside the hours specified therein in cases of emergency and such other eases as may be specified in such order.
(3) The Minister may by order under this sub-section revoke or amend any hours of trading order or any order made under this sub-section.
(4) If whenever an hours of trading order is in force, the proprietor of a shop to which such order applies acts in contravention of any of the provisions of such order which are applicable to such shop, such proprietor shall, subject to the provisions of this Part of this Act, be guilty of an offence under this section.
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paragraphs: —(1) Every existing closing order shall, notwithstanding the repeal of section 5 of the Act of 1912, but subject to the provisions of this section, continue in force.
(2) The Minister may by order revoke or amend an existing closing order.
(3) Immediately upon the coming into force of an hours of trading order every existing closing order shall, if and so far as it relates to any shop to which such hours of trading order applies, cease to apply in respect of such shop.
(4) If in respect of any shop to which an existing closing order for the time being in force applies, there is a contravention of such order, the proprietor of a shop shall, subject to the provisions of this Part of this Act, be guilty of an offence under this section.
(5) Any existing closing order may be proved by the production of a copy thereof certified to be a true copy by a person purporting to be the clerk of the local authority by whom the order was made or by a person purporting to be an officer of the Minister.
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paragraphs: —(1) The Minister may, whenever and so often as he thinks fit, by order (in this sub-section referred to as a suspensory order) declare that during any specified period either—
(a) the operation of an hours of trading order or an existing closing order shall be suspended, or
(b) that an hours of trading order or an existing closing order shall have effect subject to such modifications as may be specified in such suspensory order,
and whenever any suspensory order is made then for the purposes of this Part of this Act, the hours of trading order or the existing closing order (as the case may be) to which such suspensory order relates shall during the period specified in such suspensory order be suspended or have effect (as the case may be) in accordance with the terms of such suspensory order.
(2) Where—
(a) any retail trade or business is carried on in any premises at an exhibition or show, and
(b) the Minister is satisfied that such retail trade or business is subsidiary or ancillary to the main purpose of such exhibition or show, and
(c) an hours of trading order or an existing closing order applicable to such premises is in force,
the Minister may direct that during any specified period during the continuance of such exhibition or show, such hours of trading order or such existing closing order shall, in its application to such premises, have effect subject to such modifications as may be specified in such direction, and whenever any direction is given then for the purposes of this Part of this Act the hours of trading order or the existing closing order (as the case may be) to which such direction relates shall during the period specified in such direction have effect in accordance with the terms of such direction.
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paragraphs: —(1) Where—
(a) an hours of trading order or an existing closing order relates to two or more classes of shops, and
(b) a particular shop to which such order applies falls within more than one of the said classes,
the provisions of such order relating to one of the said classes within which such shop falls shall not be construed as affecting in any way the application to such shop of the provisions of such order relating to any other of the said classes within which such shop falls.
(2) Where two or more hours of trading orders are applicable to the same shop nothing contained in any one of such orders shall be construed as affecting in any way the application to such shop of the other or others of such orders.
(3) Where two or more existing closing orders are applicable to the same shop, nothing contained in any one of such orders shall be construed as affecting in any way the application to such shop of the other or others of such orders.
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paragraphs: —Nothing in an hours of trading order or an existing closing order shall be construed as limiting or affecting the operation of the provisions of Part II of this Act relating to closing of shops at 1 p.m. on weekly half-holidays.
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paragraphs: —(1) Whenever an hours of trading order or an existing closing order in relation to any area is in force, then subject to such exemptions and conditions (if any) as may be contained in such order, it shall not be lawful for any person to carry on in any place, not being a shop, or from any vehicle within that area any retail trade or business at any time when, if such place or vehicle were a shop to which such order applies and such person were the proprietor of such shop, such person would by so doing be guilty of an offence under any section (other than this section) contained in this Part of this Act.
(2) If any person acts in contravention of this section, such person shall be guilty of an offence under this section.
(3) Nothing in this section shall—
(a) be construed as rendering unlawful the attendance of a barber or hairdresser on a customer in the customer's residence or the holding of an auction sale of private effects in a private dwelling house; or
(b) apply to the sale of newspapers.
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paragraphs: —(1) Each of the following businesses shall be an exempted business for the purposes of this Part of this Act, that is to say:—
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paragraphs: —(1) Neither this Part of this Act nor any Sunday-trading (exempted area) order nor any hours of Sunday-trading (exempted businesses) order shall apply to any shop in which either the only business carried on therein is an excepted business or all the businesses carried on therein are excepted businesses.
(2) Where—
(a) any excepted business is carried on in a shop, and
(b) any other business (not being an excepted business) is carried on in such shop,
nothing contained in this Part of this Act or in any Sunday trading (exempted area) order or any hours of Sunday-trading (exempted businesses) order shall render it unlawful for the proprietor of such shop to keep such shop open for the serving of customers at any time on Sunday, if while such shop is so kept open no transaction (other than a transaction connected with such excepted business) is carried out therein.
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paragraphs: —(1) The Minister may, whenever and so often as he thinks fit, by order (in this Part of this Act referred to as an area exemption order) declare that any particular area specified in or delimited by such order shall be an exempted area for the purposes of this Part of this Act, and whenever any such order is made and is in force the area specified in or delimited by such order shall be an exempted area for the purposes of this Part of this Act.
(2) The Minister may by order under this sub-section revoke or amend any order made by him under this section (including this sub-section).
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paragraphs: —(1) Whenever a particular area (in this section referred to as the exempted area) is for the time being an exempted area, the Minister may, whenever and so often as he thinks fit, by order (in this Part of this Act referred to as a Sunday-trading (exempted area) order) do the following things, that is to say:—
(a) declare that a particular area (which may, at the option of the Minister, be the whole of the exempted area or any particular part or parts thereof) specified in or delimited by such order shall be a trading area for the purposes of such order; and
(b) either—
(i) declare that it shall not be lawful for the proprietor of any shop situate in such trading area to open or keep open such shop for the serving of customers on any Sunday before a specified hour or after a specified hour; or
(ii) declare that it shall not be lawful for the proprietor of any shop of a specified class (defined in such manner and by reference to such things as the Minister thinks proper) situate in such trading area to open or keep open such shop for the serving of customers on any Sunday before a specified hour or after a specified hour;
and such order may contain different provisions in relation to different periods of the year.
(2) The following provisions shall apply in respect of every Sunday-trading (exempted area) order made in relation to a particular trading area, that is to say:—
(a) such order may relate to more than one class of shops and in that case may contain different provisions in relation to each class of shops to which it applies;
(b) such order may contain provisions authorising the serving of customers outside the hours specified therein in cases of emergency and such other cases as may be specified in such order.
(3) The Minister may by order under this sub-section revoke or amend any order made under this section (including this sub-section).
(4) Whenever an area exemption order ceases to be in force then any Sunday trading (exempted area) order which relates to the whole or any part of the exempted area specified in such area exemption order shall also cease to be in force.
(5) Where—
(a) a Sunday trading (exempted area) order relates to two or more classes of shops, and
(b) a particular shop to which such order applies falls within more than one of the said classes,
the provisions of such order relating to one of the said classes within which such shop falls shall not be construed as affecting in any way the application to such shop of the provisions of such order relating to any other of the said classes within which such shop falls.
(6) Where two or more Sunday trading (exempted area) orders are applicable to the same shop nothing contained in any one of such orders shall be construed as affecting in any way the application to such shop of the other or others of such orders.
(7) If whenever a Sunday trading (exempted area) order is in force the proprietor of any shop to which such order applies acts in contravention of any of the provisions of such order which are applicable to such shop, such proprietor shall be guilty of an offence under this section.
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paragraphs: —(1) The Minister may, whenever and so often as he thinks fit, by order (in this Part of this Act referred to as an hours of Sunday-trading (exempted businesses) order), do the following things, that is to say:—
(a) declare that a particular area specified in or delimited by such order shall be a trading area for the purposes of such order; and
(b) either—
(i) declare that it shall not be lawful for the proprietor of any shop (being a shop in which there is carried on any business which is for the time being an exempted business for the purposes of this Part of this Act) situate in such trading area to open or keep open such shop for the serving of customers on any Sunday before a specified hour or after a specified hour, or
(ii) declare that it shall not be lawful for the proprietor of any shop (being a shop in which there is carried on any business which is for the time being an exempted business for the purposes of this Part of this Act) of a specified class (defined in such manner and by reference to such things as the Minister thinks proper) situate in such trading area to open or keep open such shop for the serving of customers on any Sunday before a specified hour or after a specified hour;
and such order may contain different provisions in relation to different periods of the year.
(2) The following provisions shall apply in respect of every hours of Sunday-trading (exempted businesses) order made in relation to a particular trading area, that is to say:—
(a) such order may relate to more than one class of shops and in that case may contain different provisions in relation to each class of shops to which it applies;
(b) such order may contain provisions authorising the serving of customers outside the hours specified therein in cases of emergency and such other cases as may be specified in such order.
(3) The Minister may by order under this sub-section revoke or amend any order made under this section (including this sub-section).
(4) Where—
(a) an hours of Sunday-trading (exempted businesses) order relates to two or more classes of shops, and
(b) a particular shop to which such order applies falls within more than one of the said classes,
the provisions of such order relating to one of the said classes within which such shop falls shall not be construed as affecting in any way the application to such shop of the provisions of such order relating to any other of the said classes within which such shop falls.
(5) Where two or more hours of Sunday-trading (exempted businesses) orders are applicable to the same shop nothing contained in any one of such orders shall be construed as affecting in any way the application to such shop of the other or others of such orders.
(6) If whenever an hours of Sunday-trading (exempted businesses) order is in force the proprietor of any shop to which such order applies acts in contravention of any of the provisions of such order which are applicable to such shop, such proprietor shall be guilty of an offence under this section.
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paragraphs: —(1) Subject to the provisions of this Act, it shall not be lawful for the proprietor of any shop (other than a shop situate in an exempted area or a shop in which the only business carried on therein is a scheduled business or all the businesses carried on therein are scheduled businesses) to keep such shop open at any time on Sunday for the serving of customers.
(2) If the proprietor of a shop acts in contravention to this section, such proprietor shall be guilty of an offence under this section.
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paragraphs: —(1) The provisions of this Part of this Act shall extend to any place where or vehicle from which any retail trade or business is carried on as if that place or vehicle were a shop and as if in relation to any such place or vehicle the person by whom the retail trade or business is carried on were the proprietor of a shop.
(2) Nothing in this section shall—
(a) be construed as rendering unlawful the attendance of a barber or hairdresser on a customer in the customer's residence or the holding of an auction sale of private effects in a private dwelling house, or
(b) apply to the sale of newspapers.