General Interpretation

Orders of the Day — Licensing (Sunday Hours) Bill – in the House of Commons at 5:24 pm on 5th April 1995.

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1.—(1) In this Schedule, except where a contrary intention appears— the 1978 Act" means the Employment Protection (Consolidation) Act 1978;bar work" means work in licensed premises or clubs licensed to sell intoxicating liquor mainly or wholly involving the serving of drinks to customers or the performance of ancillary tasks;bar worker" means a person employed to do bar work, and includes a person employed as a manager of licensed premises or the tenant of licensed premises;club" has the same meaning as in Part II of this Act;the commencement date" means the day on which this Schedule comes into force;dismissal" has the same meaning as in Part V of the 1978 Act;licensed premises" has the same meaning as in section 60 of this Act;notice period", in relation to an opting-out notice, has the meaning given by paragraph 6 below;opted-out", in relation to a bar worker, shall be construed in accordance with paragraph 5 below;opting-in notice" has the meaning given by paragraph 3(2) below;opting-out notice" has the meaning given by paragraph 4(3) below;the previously restricted hours" means the hours from 3pm to 7pm on Sundays;protected", in relation to a bar worker, shall be construed in accordance with paragraphs 2 and 3 below.

(2) Subject to sub-paragraph (3) below, the following provisions of the 1978 Act— section 151(1) and (2) (computation of period of continuous employment), andsection 153 (general interpretation), shall have effect for the purposes of this Schedule as they have effect for the purposes of that Act.

(3) For the purposes of this Schedule, section 151(2) of the 1978 Act shall have effect with the omission of the words from "but" onwards and Schedule 13 to that Act shall have effect with the following modifications—

  1. (a) in paragraph 1 for the words "paragraphs 3 to 12" there shall be substituted "paragraph 4 or paragraphs 9 to 12",
  2. (b) paragraph 3 and paragraphs 5 to 8 shall be omitted, and
  3. (c) in paragraph 4 the words "which normally involves employment for sixteen hours or more weekly" shall be omitted.

(4) Where section 56 of the 1978 Act (failure to permit women to return to work after childbirth treated as dismissal) applies to an employee who was employed as a bar worker under her contract of employment on the last day of her maternity leave period, she shall be treated for the purposes of this Schedule as if she had been employed as a bar worker on the day with effect from which she is treated as dismissed under that section.