10Secretary may exempt shops from trading restrictions

10 Secretary may exempt shops from trading restrictions

10 Secretary may exempt shops from trading restrictions

(1) The Secretary may by order, on application by the occupier of a shop, exempt the shop from a requirement under this Act to be kept closed.

(2) The Secretary must not grant an exemption for a shop unless the Secretary is satisfied that it is in the exceptional circumstances of the case in the public interest to do so, having regard to the following matters—

(a) the nature of the shop and the kinds of goods sold by the shop,

(b) the need for the shop to be kept open on the day or days concerned,

(c) the likely effect of the proposed exemption on the local economy, tourism and small businesses and other businesses in the area,

(d) the likely effect of the proposed exemption on employees of, or persons working in, the shop.

(3) An application for an exemption under this Division may not be made in respect of a shop that is not in existence when the application is made.

(4) An exemption may—

(a) apply in respect of one or more specified restricted trading days or all restricted trading days, or

(b) apply in respect of specified times on a restricted trading day.

(5) An exemption has effect for the period, not exceeding 3 years, specified by the Secretary in the order.

(6) The period of the exemption may not be extended by an amendment to the order.

(7) An exemption may be subject to conditions.

s 10: Subst 2009 No 70, Sch 1 [3].