- Latest available (Revised)
- Original (As enacted)
iBet uBet web content aggregator. Adding the entire web to your favor.
Link to original content: http://www.legislation.gov.uk/id/ukpga/1982/45/section/39/4A
Civic Government (Scotland) Act 1982, Section 39 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Subject to subsection (3) below, a licence, to be known as a “street trader’s licence”, shall be required for street trading by a person, whether on his own account or as an employee.
(2)In this section “street trading” means doing any of the following things in a public place—
(a)hawking, selling or offering or exposing for sale any article;
(b)offering to carry out or carrying out for money or money’s worth any service,
to any person in the public place and includes doing any of these things there in or from a vehicle or in or from a kiosk or moveable stall not entered in the valuation roll except where it is done in conjunction with or as part of a retail business being carried on in premises abutting the public place.
(3)A street trader’s licence shall not be required for—
(a)the sale of newspapers only;
(b)the sale of milk by or on behalf of a person registered under [F1regulations made under section 19 of the Food Safety Act 1990];
(c)the sale of coal, coke or any solid fuel derived from coal or of which coal or coke is a constituent;
(d)any activity in respect of which a certificate under the M1Pedlars Act 1871 has been granted;
(e)any activity in respect of which a licence is required under this Act apart from this section; or
(f)organising or participating in a public charitable collection within the meaning of subsection (16) of section 119 of this Act in accordance with permission granted under that section.
(4)Where an application for a street trader’s licence is made in respect of an activity which—
(a)consists of or includes food business within the meaning of [F2sections 1(3) of the Food Safety Act 1990]; and
(b)involves the use of a vehicle, kiosk or moveable stall,
the licensing authority shall, without prejudice to paragraph 5(3) of Schedule 1 to this Act, refuse the application unless there is produced to them a certificate by [F3a food] authority (for the purposes of section 5 of the Food Safety Act 1990) [F4mentioned in subsection (4A)] stating that the vehicle, kiosk or moveable stall complies with [F5such requirements as the Scottish Ministers may by order made by statutory instrument specify].
[F6(4A)A food authority referred to in subsection (4) is a food authority in Scotland which, in respect of the activity mentioned in that subsection—
(a)has registered the establishment that carries out or intends to carry out the activity for the purposes of Article 6.2 of Regulation ECNo. 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs, or
(b)where no such food authority has registered the establishment for those purposes, a food authority which is—
(i)the licensing authority to which the application mentioned in subsection (4) in respect of the activity is made, or
(ii)another licensing authority to which an application for a street trader's licence in respect of the activity is or has been made.]
[F7(5)An order under subsection (4) may specify requirements by reference to provision contained in another enactment.
(6)A statutory instrument containing an order made under subsection (4) is subject to annulment in pursuance of a resolution of the Scottish Parliament.]
Textual Amendments
F1Words substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59(10), Sch. 3 para. 25(a)
F2Words substituted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 54, 59(10), Sch. 3 para. 25(b)(i)
F3Words in s. 39(4) substituted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 56(a)(i), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch. (with art. 3)
F4Words in s. 39(4) inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 56(a)(ii), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch. (with art. 3)
F5Words in s. 39(4) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 175(2), 206(1); S.S.I. 2011/178, art. 2, sch. (with sch.)
F6S. 39(4A) inserted (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), ss. 56(b), 61(2); S.S.I. 2014/160, art. 2(1)(2), sch. (with art. 3)
F7S. 39(5)(6) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 175(3), 206(1); S.S.I. 2011/178, art. 2, sch. (with sch.)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Different options to open legislation in order to view more content on screen at once
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including:
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.