SHOPS ACT (NORTHERN IRELAND) 1946 - SECT 42 Short title and repeal.

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SHOPS ACT (NORTHERN IRELAND) 1946 - SECT 42

Short title and repeal.

42.(1) This Act may be cited as the Shops Act (Northern Ireland), 1946.

Subs.(2) rep. by SLR (NI) 1952

(3) The Shops' Acts, 1912 and 1913, are hereby repealed:

Provided that any closing or other order made under those Acts and in force at
the time of the commencement of this Act shall be deemed to have been made
under the provisions of this Act and shall continue in force until superseded
or revoked by any order made in accordance with the provisions of this Act,
except in so far as the first-mentioned order

(a)fixes any closing hour which is later than the corresponding hour fixed by
this Act; or

(b)authorises any sale after the closing hour fixed by this Act in respect of
such sale; or

(c)contains provisions inconsistent with the provisions of this Act.

1. The sale after the hours prescribed by or under sub-sections (1), (2), or
(3) of section one of this Act of

(a)meals or refreshments (including fried fish and chips, table waters,
sweets, chocolates, sugar confectionery, and ice-cream), for consumption on
premises in which the sale of meals or refreshments forms a substantial part
of the business carried on therein, or (in the case of meals or refreshments
sold on a railway refreshment car or on the premises of a railway or other
transport undertaking) for consumption on trains, buses or aircraft:

(i)for the purposes of this Schedule tobacco supplied at a meal for immediate
consumption shall be deemed to form part of a meal; and

(ii)in the case of canteens attached to and situated within or in the
immediate vicinity of any works, if persons are employed in such works after
the closing hour, and the canteen is kept open only for the use of such
persons, meals or refreshments may be sold after the closing hour for
consumption anywhere within the works' premises; and

<(iii)subject to the provisions of the preceding paragraph hereof nothing in this Schedule shall be deemed to authorise the sale between the hours of midnight and five o'clock in the morning of any meals or refreshments (including table waters, sweets, chocolates, sugar confectionery, and ice-cream) except in the case of meals or refreshments sold on a railway refreshment car or on the premises of a railway or other transport undertaking for consumption on trains, buses or aircraft or served in a residential hotel, boarding or lodging house or in a dance hall or cafe9 or other similar place on any night when a dance, banquet or other special function is held;


(b)newly cooked provisions (including fried fish and chips) and cooked or
partly cooked tripe to be consumed off the premises, provided such sale takes
place before midnight and after five o'clock in the morning;

(c)tobacco, table waters or matches on licensed premises during the hours
during which intoxicating liquor is permitted by law to be sold on the
premises;

(d)tobacco, matches, table waters, sweets, chocolates, or other sugar
confectionery or ice-cream, at any time during the performance in any theatre,
cinema, music hall, or other similar place of entertainment so long as the
sale is to a bona fide member of the audience and in a part of the building to
which no other members of the public have access;

(e)medicine or medical or surgical appliances (including baby food and feeding
appliances), so long as the shop is kept open only for such time as is
necessary for serving a customer who has sought admission for the purpose of
purchasing a specified article or specified articles of this class;

(f)newspapers, periodicals and books from the bookstalls of railway or other
transport undertaking stations or depots;

(g)aircraft, motor, or cycle supplies or accessories to travellers for
immediate use;

(h) victuals, stores, or other necessaries required by any naval, military or
air force authority for His Majesty's forces or required for any ship on her
arrival at or immediately before her departure from a port, so long as the
shop is kept open only for such time as is necessary for serving the customer.

2. The sale of milk, cream or bread on the weekly half-holiday.

1. The sale of

(a)meals or refreshments whether or not for consumption at the shop at which
they are sold, including the sale of fried fish and chips at a fried fish and
chip shop;

(b)newly cooked provisions (including fried fish and chips) and cooked or
partly cooked tripe;

(c)table waters, sweets, chocolates, sugar confectionery and ice-cream
(including wafers and edible containers);

(d)flowers, fruit and vegetables (including mushrooms) other than tinned or
bottled fruit or vegetables;

(e)milk and cream not including tinned or dried milk or cream, but including
clotted cream whether sold in tins or otherwise;

(f)medicines or medical or surgical appliances (including baby food and
feeding appliances), so long as the shop is kept open only for such time as is
necessary for serving a customer who has sought admission for the purpose of
purchasing a specified article or articles of this class;

(g)aircraft, motor, or cycle supplies or accessories;

(h)tobacco and smokers' requisites;

(i)newspapers, periodicals and magazines;

(j)books and stationery from the bookstalls of railway or other transport
undertaking stations or depots;

(k)guide books, postcards, photographs, reproductions, photographic films and
plates, and souvenirs

(i)at any gallery, museum, garden, park or ancient monument under the control
of a public authority or university; or

(ii)at any other gallery or museum, or any place of natural beauty or historic
interest, or any zoological, botanical or horticultural gardens, or aquarium,
if and to the extent that the [district council] certify that such sale is
desirable in the interests of the public; or

<(iii)in any passenger vessel within the meaning of Part II of the Finance (1909-10) Act, 1910, while engaged in carrying passengers;


(l)photographs for passports;

<(m)requisites for any game or sport at any premises or place where that game or sport is played or carried on;


(n)fodder for horses, mules, ponies and donkeys at any farm, stables, hotel or
inn.

2. The transaction of the business carried on by a funeral undertaker.

The sale of

(a)any articles required for the purposes of bathing or fishing;

(b)photographic requisites;

(c)toys, souvenirs and fancy goods;

(d)books, stationery, photographs, reproductions and postcards;

(e)any article of food.

Intervals for meals shall be arranged so as to secure that no person shall be
employed for more than five and a half hours without an interval of at least
twenty minutes being allowed during the course thereof.

Without prejudice to the foregoing provision

(i)where the hours of employment include the hours from 11.30 a.m. to 3 p.m.,
an interval of not less than three-quarters of an hour shall be allowed
between those hours for dinner; and

(ii)where the hours of employment include the hours from 4 p.m. to 7 p.m. an
interval of not less than half-an-hour shall be allowed between those hours
for tea;
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Northern Irish Legislation

SHOPS ACT (NORTHERN IRELAND) 1946 - SECT 42
