§ Mr. NEWTONasked the Home Secretary whether a trader who gives notice that, during the week ending 21st December next, he will alter his closing day from 1756W Wednesday to Saturday will be compelled to close on that Saturday and will be at liberty, under Sub-section (3) of Section 4 of the Shops Act, 1912, to revert to the Wednesday as his closing day in the succeeding week; and whether the position is the same and, if not the same, then in what way different, in the case where the usual closing day is Thursday instead of Wednesday?
§ Mr. McKENNAI am advised that a shopkeeper would, on giving notice in the prescribed manner, be entitled to change the day of his half-holiday from Wednesday to Saturday in the week ending 21st December next, and to revert to Wednesday in the following week; but he would not in that ease be entitled to keep open on the afternoon of Saturday, 21st, as the half-holiday in Christmas week would fall on Christmas Day. The case is different where Thursday is the day of the half-holiday; in that case, Christmas not being the half-holiday, the shopkeeper, if he closes on Christmas Day, will be entitled to keep open on the half-holiday in the previous week. It is important to bear in mind the principle on which this provision of the Shops Act is based. If Christmas Day is not in ordinary course a half-holiday, then the closing of the shop on Christmas Day will be taken as a substitute for the half-holiday which comes either immediately before or immediately after; but if Christmas Day is itself a half-holiday, it cannot be substituted for any other half-holiday.