Shops
(Regulation of Opening) (Amendment) (Jersey) Regulations 2019
Made 23rd October 2019
Coming into
force 30th October 2019
THE STATES make these Regulations under Article 4
of the Shops (Regulation of Opening and Deliveries) (Jersey) Law 2010[1] –
1 Interpretation
In these Regulations, a reference to a Regulation or Schedule by
number only is, unless otherwise indicated, to the Regulation or Schedule of
the same number in the Shops (Regulation of Opening) (Jersey) Regulations 2011[2].
2 Regulation 1 (interpretation)
amended
In Regulation 1 –
(a) before “In these
Regulations” there is inserted “(1)”;
(b) the definitions
“blanket permit”, “general permit”, “1960 Law”, “permit” and “single permit”
are deleted;
(c) in the definition
“Law”, for “, and “the present Law”, mean” there is substituted “means”;
(d) after the definition
“weekday” there is inserted –
“(2) A reference in these Regulations to a permit, without further
qualification, is a reference to any permit that may be granted under these
Regulations.”.
3 Regulation 4 (special
occasions) deleted
Regulation 4 is deleted.
4 Regulation 6 (types of
permit) substituted
For Regulation 6 there is substituted –
The following permits may be
granted under these Regulations –
(a) a general permit;
(b) a restricted-hours permit;
(c) a single permit.
(1) A general permit may be granted only in respect of –
(a) a shop that has a retail sales area of no more than 700 square
metres;
(b) a shop that is a tourist amenity, facility or attraction, if the
part of the shop’s retail sales area that is used for the supply of goods is no
more than 700 square metres; or
(c) any other shop, if the supply of goods in the shop’s retail
sales area is incidental to the provision of some other service.
(2) A general permit authorises the opening of a shop on the
following days –
(a) every Sunday, other than a Sunday that is also Christmas Day;
(b) Good Friday;
(c) Liberation Day;
(d) 26th December.
(3) A general permit remains in force until the end of the 31st day
of December in the year in which it is granted, unless it ceases to have effect
under Regulation 17 or is revoked under Regulation 18.
6B Restricted-hours permit
(1) A restricted-hours permit authorises the opening of a shop at any
time between 10:00 and 16:00 hours on the following days –
(a) every Sunday, other than a Sunday that is also Christmas Day or
26th December;
(b) Good Friday;
(c) Liberation Day.
(2) A restricted-hours permit also authorises the opening, at any
time (including beyond the time between 10:00 to 16:00 hours) on the days
set out in paragraphs (1)(a) to (c), of an area of a shop, where the
area –
(a) is ordinarily used for the retail sale of fuel, or of other
source of power, for motor vehicles (and may also be used incidentally for the
supply of other goods); and
(b) is no more than 700 square metres.
(3) A restricted-hours permit remains in force until the end of the
31st day of December in the year in which it is granted, unless it ceases to
have effect under Regulation 17 or is revoked under Regulation 18.
(1) A single permit authorises the opening of a shop on any date
specified in the permit.
(2) However, a single permit may not authorise the opening of a shop
on Christmas Day, on 26th December or on more than 5 dates in a calendar
year.
A permit for a shop that is a
vehicle authorises its opening in any parish.”.
5 Regulation 7(3) deleted
Regulation 7(3) is deleted.
6 Regulation 8 (application
for permit) amended
(1) In Regulation 8(3)(a), for “general
permit” there is substituted “general permit, restricted-hours permit”.
(2) Paragraphs (6) to
(8) of Regulation 8 are deleted.
7 Regulation 12 (conditions
of general permits) amended
(1) In the heading of Regulation 12, after
“general permits” there is inserted “and restricted-hours permits”.
(2) In Regulation 12 for “general permit”,
wherever it occurs, there is substituted “general permit or restricted-hours
permit”.
(3) In Regulation 12(4), before “26th
December” there is inserted “(in the case of a general permit)”.
8 Regulation 15 (blanket
permits) deleted
Regulation 15 is deleted.
9 Regulation 22 (fees)
amended
In Regulation 22(1) –
(a) before “fee” there is inserted “applicable”;
(b) for “general permit”
there is substituted “general permit, restricted-hours permit”.
10 Miscellaneous amendments
In the following provisions, for “general permit or single permit”,
wherever it appears, there is substituted “permit” –
(a) Regulation 7(2);
(b) Regulation 8(1);
(c) Regulation 9(1);
(d) Regulation 11(1);
(e) Regulation 14
(including its heading);
(f) the heading of
Regulation 16 and Regulation 16(1);
(g) Regulation 17;
(h) Regulation 18
(including its heading);
(i) Regulation 19(1)(c)
and (d);
(j) Regulation 23(1)
and (3).
11 Regulation 24 (transitional
provisions and saving) deleted
Regulation 24 is deleted.
12 Schedule 2 (shops whose
retail sales areas exceed 700 square metres) deleted
Schedule 2 is deleted.
13 Schedule 3 (fees) amended
In Schedule 3 –
(a) for “£50” there is
substituted “£60”;
(b) below the entry for a
general permit or single permit there is inserted “For filing an
application for a restricted-hours permit – £120”.
14 Shops (Regulation of
Opening) (Special Occasions) (Jersey) Order 2015 repealed
The Shops (Regulation of Opening) (Special Occasions) (Jersey) Order
2015[3] is repealed.
15 Blanket permits continue
to have effect
(1) Despite any other provision
of these Regulations, a blanket permit described in paragraph (2) continues
to have effect in accordance with its terms until the end of the 2019 calendar
year.
(2) Paragraph (1)
applies to every blanket permit that –
(a) was issued under the
Shops (Regulation of Opening) (Jersey) Regulations 2011[4], as those Regulations read
immediately before these Regulations come into force; and
(b) was in force
immediately before these Regulations come into force.
16 Citation and commencement
These Regulations may be cited as the Shops (Regulation of Opening)
(Amendment) (Jersey) Regulations 2019 and come into force on the 7th day after
the day on which they are made.
dr. m. egan
Greffier of the States