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SHOPS ACT (NORTHERN IRELAND) 1946 - SECT 13

Procedure for making orders.

13.(1) Whenever a [district council] are satisfied that a prima facie case is
made out for the making of an order which they are empowered to make under
this Part of this Act (other than an order which they are empowered to make
under sections three or four of this Act) the [council] shall give public
notice in the prescribed manner and in the prescribed form of their intention
to make the order, specifying therein a period (not being less than the
prescribed period) within which objections may be made to the making of the
proposed order, and, if after taking into consideration any objections that
may be received, the [district council] are satisfied that it is expedient to
make the order and that the occupiers of not less than two-thirds in number of
the shops or classes of shops to be affected by the order approve the order,
they may make the order.

(2) Where several trades or businesses are carried on in the same shop the
[district council] shall require the occupier of the shop to specify which
trade or business he considers to be his principal trade or business and no
trade or business other than that so specified shall, for the purpose of
determining a majority or number of occupiers of shops under this Act, be
deemed to be carried on in that shop.

(3) Notice of the provisions of the order shall be given, and copies thereof
shall be supplied in the prescribed manner, and the order shall be submitted
to the Ministry, and the Ministry shall consider any objections to the order,
and may either disallow the order or confirm the order with or without
amendment.

(4) As soon as the Ministry has confirmed any order made as aforesaid, the
order shall become operative and binding:

Provided that every such order shall, as soon as may be after it is confirmed
by the Ministry, be laid before each House of Parliament and if either House
of Parliament within the statutory period next after such order has been laid
before it, resolves that the order shall be annulled, the order shall, after
the date of the resolution, be void, but without prejudice to the validity of
anything previously done thereunder or to the making of a new order.

(5) Any such order as aforesaid may be varied or revoked by a subsequent order
made in the like manner and subject to the like provisions.


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© 1946 Crown Copyright

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