Markets and Shop Hours

The right to hold markets and develop trade independently was a fundamental privilege of royal burghs and of burghs of barony. Royal burghs could trade with other countries while burghs of barony were limited to local trade, but they were all able to run markets.

In 1846 the exclusive trading privileges of guilds within burghs were abolished.[1] In 1847 the Markets and Fairs Clauses Act regulated any subsequent local acts to establish markets and fairs.[2] The General Police and Improvement (Scotland) Act, 1862 gave police burghs the power to establish markets and improve existing markets. These powers were consolidated in 1892 including the power to charge for the use and of the market place or market house.[3] The Local Government (Scotland) Act 1947 clarified that expenditure on markets was to be covered by the burgh rate.[4] In 1982 the role was clarified and islands and district councils were empowered to provide market buildings, provide facilities, set charges and conditions and make byelaws to regulate the market and to discontinue any market they established.[5] Additionally, local authorities became responsible for granting licences for private markets.[6] These powers transferred to the unitary councils in 1996.[7]

Shop Hours

The Shop Hours Act 1892 permitted county councils and burgh commissioners to appoint inspectors to ensure compliance with working hours for young people in retail and wholesale shops, markets, stalls, warehouses, public-houses and refreshment houses.[8] In 1911 local authorities were permitted to fix a day for a weekly half day holiday for shops, enabling them to choose between a blanket half-day closure of all shops or different half-day closures for different types of shops, different parts of the area or different times of the year.[9] The local authorities could also hold a vote on exemptions and were required to enforce orders under this Act. From 1965, local authorities could no longer fix the early closing day and the occupiers were permitted to specify which day they wanted to close early by displaying a notice, with limits on how frequently this could be changed.[10] From 1975, islands and district councils were responsible for enforcing these provisions, until they were repealed in 1994.[11]

Compiler: Elspeth Reid (2021)

Bibliography

Bell, James, and James Paton, Glasgow: Its Municipal Organization and Administration (J. MacLehose and Sons, 1896)

Ferguson, Keith, An introduction to local government in Scotland (The Planning Exchange, 1984)

Whyte, W. E., Local Government in Scotland (Hodge & Co, 1936)

References

[1] Burgh Trading Act 1846 (9 & 10 Vict. c.17).

[2] Market and Fairs Clauses Act 1847 (10 & 11 Vict. c.14).

[3] Burgh Police (Scotland) Act 1892 (55 & 56 Vict. c.55) s.277.

[4] Local Government (Scotland) Act 1947 (10 & 11 Geo. VI c.43) Sch.5.

[5] Local Government (Scotland) Act 1973 (c.65) s.27.

[6] Civic Government (Scotland) Act 1982 (c.45) s.40.