§
Clause 9, page 8, line 27, leave out subsection (1) and insert:
(".—(1) For the purposes of the provisions of Section one of the Shops Act, 1912, and of the First Schedule to that Act, every young person who is wholly or mainly employed about the business of a shop or in connection with any retail trade or business carried on in any place not being a shop shall be deemed to be a ' shop assistant,' and in those provisions and in this section that expression shall be construed accordingly.
(2) Subsection (1) of the said Section one (which relates to weekly half-holidays) shall not apply to any young person in any week unless he is employed as a shop assistant for more than twenty-live hours in that week and shall not apply to the employment of any young person in a theatre in any week(notwithstanding that he may be employed as a shop assistant for more than twenty-five hours in that week) if he is not employed as a shop assistant before midday on any day in that weak.
(3) If in any proceedings against any per son in respect of a contravention of the provisions of subsection (1) of the said Section one in relation to any young person it is shown that the young person was not so employed by him in the week in which the contravention occurred as to render that subsection applicable to the young person, it shall be a defence to prove that he did not know, and could not with reasonable diligence have ascertained, that the young person was also employed in that week as a shop assistant by some other employer.
(4) In the application, of the provisions of Section one of the Shops Act, 1912, and of the First Schedule to that Act, to young persons, the expression ' shop ' shall have the same meaning as n this Act, and those provisions shall, in their application to persons employed in connection with any retail trade or business carried on in any place not being a shop, have effect subject to the following modifications, that is to say,—
THE EARL OF FEVERSHAMMy Lords, I beg to move to leave out "as a shop assistant" where that phrase last occurs in subsection (2), and to insert "in the theatre." Clause 9 extends the provisions, of Section 1 of the Shops Act, 1912, relating to weekly half holidays and intervals for meals, which are at present confined to "shop assistants," to all young persons employed about the business of a shop. Under the Amendment the provisions of Section 1 of the Shops Act, 1912, are extended to young persons employed in retail trade or business carried on elsewhere than in a shop, for example, to young persons employed in street trading or trading from vans.
§
Amendment to the Commons Amendment moved—
In line 17 of the words inserted by the Commons, leave out ("as a shop assistant") and insert ("in the theatre ").—(The Earl of Feversham.)
§ On Question, Amendment to the Commons Amendment agreed to.
THE EARL OF FEVERSHAMMy Lords, I beg to move that this House doth agree with the Commons in the said Amendment, as amended.
§ Moved, That this House doth agree with the Commons in the said Amendment, as amended.—(The Earl of Feversham.)
§ On Question, Motion agreed to.