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The Shops and Offices Act Regulations

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The Shops and Offices Act Regulations SHOPS AND OFFICES THE SHOPS AND OFFICES ACT REGULATIONS (under section 5) The Shops Regulations, 1961 L.N. 76/61 351167 416167 108172 461173 The Shops (Kingston and St. Andrew) (Staggering of Hours) Regula- L.~.460173 tions, 1973. .-- - [The indusion of this page is authorized by L.N. 286119761 SHOPS AND OFFlCES THE SHOPS AND OFFICES ACI REGULATIONS (under section 5) (Made by the Minister on the 25th day of April, 1961) L.N. 76/61 Amd : L.N. 351167 [15th May, 19611 ~~~$~Bll';I 461173 1. These Regulations may be cited as the Shops Regulations, 1961. ,,,,, 2.-(1) In these Regulations- Interprc- tation. "Airport shop" means any shop within the terminal area of the Sangster International Airport or the Norman Manley Inter- national Airport; "Christmas shopping season" means the period commencing on the second day of December and ending on the twenty-fmrth day of December, in each year; "normal wages" means the remuneration payable to any person employed in or about the business of a shop, including deduc- tions permitted by section 4 of the Act, and excluding- (a) any overtime wages which such person is entitled to receive by virtue of the provisions of regulation 8; and (b) any overtime wages paid to such person under the Minimum Wage Act; "period of a natural disaster" means a period beginning on such day as the Minister may by order specify, being the day on which any earthquake, lire, flood, hurricane or other natural disaster occurs or threatens, and ending on such day as the Minister may by order specify; "prescribed hours of business" means in relation to any shop, the hours during which such shop may be open for the transaction of business in accordance with regulation 4; "registered as a pharmacy" means registered as a pharmacy under section 11 of the Pharmacy Act; [The indlusion of this vase is autliorized by L.N. 286/19761 THE SHOPS REGULATIONS, 1961 "tourist ship" means any vessel declared by the Minister to be a tourist ship in a notice published at least four days prior to the arrival of such vessel at a port in Jamaica in a daily newspaper printed and circulating in Jamaica; "week" means the period commencing immediately after twelve o'clock midnight on each Saturday and ending at twelve o'clock midnight on the Saturday next following; "wholesale shop" means any shop in which goods are sold by whole- sale or by both wholesale and retail. (2) Nothing in, these Regulations shall be construed as permitting the opening of any shop or the transaction of any business therein at any time at which, or in any circumstance in which, the opening of such shop or the transaction of.such business therein is expressly prohibited by any enactment. Application. 3. These Regulations shall apply- (a) in the parishes, districts, villages and towns specified in the first colun~nof the First Schedule; FirstSchedule. (b) to all shops other than- (i) any premises of a class declared under section 3 of the Act to be a shop; (ii) any premises in which books or magazines not exceeding the price of 70c each are sold and which would not, but for the fact that books or magazines are sold therein, be shops within the meaning of the Act. Prescribed 4.-(1) Airport shops may be open on any day without restriction as hoursbusiness. of to hours. (2) The hours during which shops registered as pharmacies may be open for the transaction of business shall be from eight o'clock in the morning of each day to twelve o'clock midnight. (3) Except as provided in paragraph (9,the hours during which wholesale shops (other than Airport shops and shops registered as pharmacies) in the Urban and Suburban Districts of the parishes of Kingston and St. Andrew may be open for transaction of business shall be from nine o'clock in the morning to one o'clock in the afternoon on Saturday and from nine o'c1o.t in the morning to three o'clock in the afternoon on Thursday and from nine o'clock in the morning to four- thirty o'clock in the afternoon on all other days. [The indusion of this page is authorized bv L.N. 2861 19761 THE SHOPS REGULATIONS, 1961 (4) Except as provided in paragraph (5), the hours during which shops (other than Airport shops and shops registered as pharmacies) in any parish, district village or town specified in the first column of the First Schedule may be open for the transaction of business shall be the hours specified in the second column of the said Schedule in respect of such parish, district, village or town. (5) During the Christmas shopping season the hours during which shops (other than Airport shops and shops registered as pharmacies) in the parishes, districts, villages and towns specified in the first column of the First Schedule may be open for the transaction of business shall be- (a) from eight o'clock in the morning to ten o'clock in the evening on Saturday and on the working day immediately preceding Christmas day; (b) from eight o'clock in the morning to seven o'clock in the evening on all other days. 5.-(1) This regulation shall apply in relation to every shop which is shopsin in any locality specified in the Second Schedule and' in respect of which Ez,"jtOf there is in force a scheme prepared by the occupier and approved by ::EE the Minister. Schedule.Second (2) The occupier of every shop in relation to which this regulation applies shall keep exhibited in a conspicuous place therein the scheme which is in force in respect thereof. (3) Notwithstanding the provisions of regulation 4 the hours during which any shop in relation to which this regulation applies may be open for the transactions of business shall be the hours specified, in relation to the locality of such shop, in the Second Schedule. (4) No person shall be employed in or about the business of any shop in relation to which this regulation applies- (a) for more than eight hours in any day; (b) later than four o'clock in the afternoon on any day on which his hours of employment in or about the business of such shop commence earlier than ten o'clock in the morning. (5) Where any person is employed on a public general holiday in or about the business of any shop in relation to which this regulation applies, he shall be entitled to be paid overtime wages at the rate specified in sub-paragraph (b) of paragraph (2) of regulation 9 for the period during which he is so employed. [The inclusion of this page is authorizcd by L.N. 4119761 THE SHOPS REGULATIONS. 1961 (6) Subject to the provisions of paragraph (5) nothing in regu- lation 9 shall be construed as requiring the payment of overtime wages in respect of employment during the hours referred to in paragraph (3). 13ollrs of 6.-(1) Persons may be employed in or about the business of Airport m~ployment in Airport shops on any day without restriction as to hours, save that the hours t hops and ~jharmacies. of employment of each person in or about the business of any such shop shall not exceed four hours a day on more than five days of any week. (2) No person shall be employed in or about the business of any shop registered as a pharmacy- (a) later than four o'clock in the afternoon on any day on which his hours of employment in or about the business of such shop commence earlier than four o'clock in the afternoon; (b) later than twelve o'clock midday on more than five days of any week in which his hours of employment in or about the business of that shop commence earlier than midday; or (c) later than eight o'clock in thc evening on more than live days of any week in which his hours of employment in or about the business of such shop commence later than twelve o'clock mid- day but earlier than eight o'clock in the evening. 9'ransaction 7. It shall be iawful for business to be transacted and persons to be c f business and employ- enlployed in any shop outside the prescribed hours of business- rlent of ersons (a) where the business is so transacted with persons who were in the a uthorircd cutside shop during the prescribed hours of business and ceases to be ~zescribed tours of transacted within half an hour after the end of the prescribed tosinens. hours of business; (b) where the business so transacted is for the purpose of supplying articles- (i) to any person who produces a certificate from a master, person in charge or agent of a ship stating that such ship is about to proceed to sea and such articles are required for its stores; (ii) to any person who produces a certificate from a duly qualified medical practitioner stating that such articles are required urgently:. (iii) which, to the knowledge of the occupier of such shop, are urgently required for purposes of illness or death or are required by a bona fide travellBr to be used as parts or accessories of a motor vehicle or bicycle; [Tb inclusion of this page is authorized by L.N. 4/1916] THE SHOPS REGULATIONS, 1961 (c) where a tourist ship is in a port in the district, villa@ or bm in which such shop is situated : Provided that business shall not be transacted and persons shall not be employed pursuant to the provisions of this para- graph- (i) earlier than 10 o'clock in the morning or later than 7 o'clock in the evening on a public general holiday; or (ii) earlier than 8 o'clock in the morning or later than 7 o'clock in the evening on any other day; (d) during the period of a natural disaster.
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