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31.(1) Subject as in this section provided, the provisions of this Act shall extend to any place where or vehicle or stall from which any retail trade or business is carried on as if that place were a shop, and as if in relation to any such place, vehicle or stall the person by whom or on whose behalf the retail trade or business is carried on were the occupier of a shop: Provided that (a)any provisions of this Act which relate to obtaining the approval or ascertaining the wishes of occupiers of shops in respect of orders made under this Act shall extend only to shops; (b)the provisions of sub-section (5) of section one of this Act and the proviso to section six of this Act shall respectively have effect as if there were included in the First and Second Schedules to this Act the sale by fishermen of freshly caught fish (including shell-fish), and the sale at a farm, smallholding, allotment or similar place, of produce produced thereon; Para.(c) rep. by 1966 c.26 (NI) s.82 sch.2 (d)any person carrying on or employed in the business of a hairdresser or barber may at any time for the purpose of that business attend any person (i)in any place if such attendance is necessary by reason of the bodily or mental infirmity of that person; or (ii)in any hotel or club, if that person is resident therein. (e)nothing in this section shall apply to the sale of newspapers or to the holding of an auction sale of private effects in a private dwelling-house. (2) The Ministry may by regulations provide that no retail trade or business shall be carried on at any place not being a shop or from any vehicle or stall unless such place or vehicle or stall is registered, in the manner prescribed by such regulations, with the [district council or councils of the area] in which it is desired to carry on such retail trade or business and such regulations may provide for the payment to the [district council] of a fee not exceeding [25p] in respect of each place or vehicle or stall registered thereunder and may provide that any person who carries on any retail trade or business in contravention thereof shall be liable to a fine not exceeding ten pounds and may contain such further or other provisions as are necessary for or incidental to the purposes aforesaid. (3) References in this section to any vehicle or stall shall be construed as including references to any vehicle whether mechanically-propelled or otherwise, any tricycle or bicycle or any moveable stall. (4) Nothing in this section shall be deemed to penalise or prohibit the sale of bread or milk from vehicles or stalls in any [district] on the day fixed under section one of this Act as the weekly half-holiday in that [district]. (5) Any restrictions imposed under or by virtue of this section in respect of trading elsewhere than in shops shall be in addition to and not in derogation of any other restrictions imposed under or by virtue of any other enactment or any law, rule, order, regulation, bye-law or custom.
© 1946 Crown Copyright
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