Shops (Regulation of Opening) (Special Occasions) (Jersey) Order 2012

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A decision made 1 October 2012:

Decision Reference: MD-E-2012-0120
Decision Summary Title :	Shops (Regulation of Opening) (Special Occasions) (Jersey) Order 2012		Date of Decision Summary:	27th September 2012
Decision Summary Author:	Strategy Manager, Policy and Regulation		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Shops (Regulation of Opening) (Special Occasions) (Jersey) Order 2012		Date of Written Report:	27th September 2012
Written Report Author:	Strategy Manager, Policy and Regulation		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Decision to make an Order under Article 4 (1) of the Shops (Regulation of Opening) (Jersey) Regulations 2011 designating ‘special occasions’.
Decision(s): The Minister approved and made the following Order pursuant to Article 4 (1) of the Shops (Regulation of Opening) (Jersey) Regulations 2011. ‘Shops (Regulation of Opening) (Special Occasions) (Jersey) Order 2012’ This Order will designate four Sundays before Christmas each year from 2012 onward as special occasions.
Reason(s) for Decision: There is a general expectation amongst retailers and consumer that there will be a more liberal Sunday trading regime in the run-up to Christmas, as there is a considerable increase in retail sales at that time of year. Historically, this has been achieved by linking the trading with the Fête dé Noué, to conform to the letter of the 1960 law that there be a ‘fair fete or festival’ ongoing to allow Connétables to issue a blanket permit to shops to open. Under the new legislation, there does not need to be such an event ongoing for a more liberal trading regime to be enacted, the Economic Development Minister, after consultation with the Comité des Connétables, simply needs to designate that certain days will be special occasions under the Shops (Regulation of Opening) (Jersey) Regulations 2011. This will allow the Fête dé Noué to return to its original, more effective two-week duration, as it will not need to be artificially extended to satisfy the desire of retailers to open. The practice of designating four Sundays before Christmas for a less restrictive trading regime has been ongoing since 2006, and has met with general approval. Since the modernisation of the Sunday trading regime, only shops with a retail sales area over 700 square metres will be affected by this decision. After discussion with the Law Draftsman, the Minister has decided to make an Order that not only encompasses 2012, but also all future years. This provides shops and customers with certainty about when trading days will fall, and reduces the cost to the States of drafting an additional Order annually. The formula detailed in the Order will therefore continue to operate indefinitely unless it is changed by some future Economic Development Minister.
Resource Implications: There are no direct resource implications to the States. The secondary effects of this Order are likely to be- a reduction in the administrative burden for Parishes (resulting from less individual Sunday trading applications for the days in question) and a reduction in the use of drafting time (as the Order will continue indefinably).
Action required: Once the Minister has signed the Order, it is to be returned to the States Greffe with the Greffier of the States to be requested to arrange for the Order to be presented to the States.
Signature: Senator A.J.H.Maclean		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):