2.—(1) Subject to subsection (2), “casual trading” means selling goods at a place (including a public road) to which the public have access as of right or at any other place that is a casual trading area.

(2) Casual trading does not include—

F2[(a) selling by auction (other than by Dutch auction) by the holder of a licence within the meaning of section 2(1) of the Property Services (Regulation) Act 2011, or a relevant authorisation within the meaning of section 82 of that Act, in respect of a service which falls, or substantially falls, as the case requires, within paragraph (a) of the definition of "property service" in that first-mentioned section,]

(b) selling to a person at the place where he resides or carries on business,

(c) selling in respect of which it is shown by the seller—

(i) that any profits therefrom are for use for charitable purposes or for other purposes from which no private profit is derived, and

(ii) that no remuneration, emolument, gain or profit will accrue to the seller or his servants or agents F3[therefrom,]

F4[(d) selling, during the period 1 May to 30 September in any year, by—

(i) the grower (within the meaning assigned to that expression by the Casual Trading Act 1995 (Section 2(3)) Regulations 2004),

or

(ii) subject to the condition specified in relation to this subparagraph by those Regulations being satisfied, a servant or agent of the grower, of one or more of the following fruits and vegetables, namely—

(I) strawberries, raspberries, blueberries, gooseberries, blackberries, loganberries, tayberries and currants,

and

(II) potatoes having loose skins and which have been harvested prior to maturity.]

(3) The Minister may, by regulations, amend (whether by the addition, deletion or alteration of classes) the classes of selling specified in subsection (2) and that subsection shall have effect in accordance with any such regulations.

(4) A local authority may, as respects its functional area, by bye-laws under section 6 add to the classes of selling specified in subsection (2) and that subsection shall, in relation to that functional area, be construed and have effect in accordance with any such bye-laws for the time being in force.