Tourist Traffic Act 1939


Number 24 of 1939


TOURIST TRAFFIC ACT 1939

REVISED

Updated to 28 May 2019


This Revised Act is an administrative consolidation of the Tourist Traffic Act 1939. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 24 of 1939


TOURIST TRAFFIC ACT 1939

REVISED

Updated to 28 May 2019


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Tourist Traffic Acts 1939 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( National Tourism Development Authority (Amendment) Act 2016 (14/2016), s. 2(2)). The Acts in the group are:

Tourist Traffic Act 1939 (24/1939)

Tourist Traffic Act 1952 (15/1952)

Tourist Traffic Act 1955 (5/1955)

Tourist Traffic Act 1957 (27/1957)

Tourist Traffic Act 1966 (3/1966)

Tourist Traffic Act 1970 (16/1970)

Tourist Traffic Act 1983 (31/1983)

Tourist Traffic Act 1995 (13/1995)

National Tourism Development Authority Act 2003 (10/2003)

National Tourism Development Authority (Amendment) Act 2011 (33/2011)

National Tourism Development Authority (Amendment) Act 2016 (14/2016)

Acts previously included in the group but now repealed are:

Tourist Traffic Act 1946 (14/1946)

Tourist Traffic Act 1959 (27/1959)

Tourist Traffic Act 1961 (37/1961)

Tourist Traffic Act 1963 (22/1963)

Tourist Traffic Act 1968 (29/1968)

Tourist Traffic Act 1972 (28/1972)

Tourist Traffic Act 1975 (26/1975)

Tourist Traffic Act 1979 (22/1979)

Tourist Traffic Act 1987 (11/1987)

Tourist Traffic Act 1998 (45/1998)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

National Tourism Development Authority (Amendment) Act 2011 (33/2011)

National Tourism Development Authority Act 2003 (10/2003)

Tourist Traffic Act 1998 (45/1998)

Tourist Traffic Act 1995 (13/1995)

Tourist Traffic Act 1987 (11/1987)

Tourist Traffic Act 1983 (31/1983)

Tourist Traffic Act 1979 (22/1979)

Tourist Traffic Act 1975 (26/1975)

Tourist Traffic Act 1972 (28/1972)

Tourist Traffic Act 1970 (16/1970)

Tourist Traffic Act 1968 (29/1968)

Tourist Traffic Act 1966 (3/1966)

Tourist Traffic Act 1963 (22/1963)

Tourist Traffic Act 1961 (37/1961)

Tourist Traffic Act 1959 (27/1959)

Tourist Traffic Act 1957 (27/1957)

Tourist Traffic Act 1955 (5/1955)

Tourist Traffic Act 1952 (15/1952)

Tourist Traffic (Amendment) Act 1946 (14/1946)

All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 140 of 2011)

Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 15 of 1993)

Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 95 of 1987)

Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1986 (S.I. No. 42 of 1986)

Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1980 (S.I. No. 8 of 1980)

Tourist Traffic Act, 1939 (Commencement) Order 1969 (S.I. No. 61 of 1969)

Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1961 (S.I. No. 246 of 1961)

Fines and Penalties (Disposal) Order 1946 (S.I. No. 141 of 1946)

Tourist Traffic Act, 1939 (Commencement of Sections 33, 34, 35, 36 and 37) Order 1944 (S.I. No. 52 of 1944)

All statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this revision.


Number 24 of 1939


TOURIST TRAFFIC ACT 1939

REVISED

Updated to 28 May 2019


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title.

2.

Definitions.

3.

Expenses.

PART II.

Establishment and General Powers of the Irish Tourist Board.

4.

Constitution of the Irish Tourist Board.

5.

Disqualification of members of Board from being members of the Oireachtas.

6.

Common seal of the Board.

7.

Removal of members of the Board.

8.

Resignation and disqualification of members of the Board.

9.

Meetings and procedure of the Board.

10.

Accounts and audits.

11.

Officers and servants of the Board.

12.

Exercise of functions of Board through its officers.

13.

Disclosure of interest in contract.

14.

General powers of the Board.

15.

Non-repayable grant to the Board.

16.

Repayable advances to the Board.

17.

Payment of interest on repayable advances.

18.

Repayment of repayable advances.

19.

Compulsory acquisition of land, etc., by the Board.

20.

Regulations.

21.

Furnishing of information by the Board to the Minister.

22.

Annual report, statistics and returns.

PART III.

Registration of Premises.

23.

Definitions for the purposes of Part III.

24.

The registers and their contents.

25.

Eligibility for registration in the respective registers.

25A.

Caravans and camping sites

26.

Applications for registration.

27.

Registration of premises.

28.

Duration of registration.

29.

Applications for renewal of registration.

30.

Renewal of registration.

31.

Registration certificates.

32.

Amendment of register in certain circumstances.

33.

Restriction on describing premises as a hotel.

34.

Restriction on describing premises as a guest house.

35.

Restriction on describing premises as a holiday hostel, etc.

36.

Restriction on describing premises as a youth hostel.

37.

Restriction on describing premises as a holiday camp.

37A.

Motor Hotels.

37B.

Caravan sites and camping sites.

37C.

37D.

Register of holiday apartments.

38.

Exemptions.

39.

Grades.

40.

Devolution and transfer of registered premises.

41.

Inspection.

42.

Evidence of the contents of registers.

43.

Display of charges.

44.

External signs.

45.

Annual list of registered premises.

46.

Service of notices.

47.

Offences.

PART IV.

Establishment of Special Areas.

48.

Areas to which this Part of this Act applies.

49.

Conferring of powers on the Board in respect of areas to which this Part of this Act applies.

50.

Amendment and revocation of orders under this Part of this Act.

51.

Laying of orders under this Part of this Act before Houses of the Oireachtas.

PART V.

Amendment of the Tourist Traffic (Development) Act, 1931.

52.

Amendment of the Tourist Traffic (Development) Act, 1931.



Number 24 of 1939


TOURIST TRAFFIC ACT 1939

REVISED

Updated to 28 May 2019


AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE ENCOURAGEMENT AND DEVELOPMENT OF THE TOURIST TRAFFIC, AND FOR THAT PURPOSE TO ESTABLISH A BOARD HAVING POWERS OF REGULATION, REGISTRATION, AND CONTROL IN MATTERS RELATING TO THE TOURIST TRAFFIC AND, IN PARTICULAR, THE ACCOMMODATION AND ATTRACTIONS AVAILABLE FOR TOURISTS, AND TO PROVIDE FOR THE CHARGING OF FEES BY SUCH BOARD IN RESPECT OF REGISTERS KEPT BY THEM, AND TO PROVIDE FOR DIVERS MATTERS ANCILLARY TO OR CONNECTED WITH THE MATTERS AFORESAID. [27 th July, 1939.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Tourism, Culture and Sport” and “Minister for Tourism, Culture and Sport” construed (1.04.2011) by Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 140 of 2011), arts. 2 and 3, in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Transport.

(2) References to the Department of Tourism, Culture and Sport contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Transport.

3. (1) The functions vested in the Minister for Tourism, Culture and Sport by or under—

( a) the Tourist Traffic Acts 1939 to 2003,

...

are transferred to the Minister for Transport.

(2) References to the Minister for Tourism, Culture and Sport contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Transport.

Editorial Notes:

E1

Previous affecting provision: functions transferred and references to “Department of Tourism, Transport and Communications” and “Minister for Tourism, Transport and Communications” construed (20.01.1993) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 15 of 1993), arts. 3 and 4, commenced on enactment; superseded as per C-note above.

E2

Previous affecting provision: functions transferred and references to “Department of the Marine” and “Minister for the Marine” construed (31.03.1987) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 95 of 1987), arts. 3 and 4, in effect as per art. 1(2); superseded as per C-note above.

E3

Previous affecting provision: functions transferred and references to “Department of Industry, Trade, Commerce and Tourism” and “Minister for Industry, Trade, Commerce and Tourism” construed (18.02.1986) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1986 (S.I. No. 42 of 1986), arts. 3 and 4, in effect as per art. 1(2); superseded as per C-note above.

E4

Previous affecting provision: functions transferred and references to “Department of Tourism and Transport” and “Minister for Tourism and Transport” construed (24.01.1980) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1980 (S.I. No. 8 of 1980), arts. 3 and 4, in effect as per art. 1(2); superseded as per C-note above.

E5

Previous affecting provision: functions transferred and references to “Department of Industry and Commerce” and “Minister for Industry and Commerce” construed (31.10.1961) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1961 (S.I. No. 246 of 1961), arts. 3 and 4, commenced on enactment; superseded as per C-note above.

PART I.

Preliminary and General.

Short title.

1

1.This Act may be cited as the Tourist Traffic Act, 1939.

Definitions.

2

2.In this Act—

F1 [ contractor has the meaning assigned to it by section 12 (1) of the National Tourism Development Authority Act 2003; ]

the expression “ the Minister” means the Minister for Industry and Commerce;

the expression “ the Board” means the Irish Tourist Board established in pursuance of this Act;

the word “ prescribed” means prescribed by regulations made by the Board under this Act.

Annotations:

Amendments:

F1

Substituted (13.04.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 12(6), commenced on enactment.

Modifications (not altering text):

C2

Term “holiday apartment” defined (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 1(2), commenced on enactment.

Interpretation.

1.— ...

(2) For the purposes of the Tourist Traffic Acts, 1939 to 1983, “holiday apartment” shall include a tourist apartment, an apartotel and a holiday flat.

C3

Term “holiday cottage” defined (5.08.1970) by Tourist Traffic Act 1970 (16/1970), s. 1(2), commenced on enactment.

Interpretation.

1.— ...

(2) For the purposes of the Tourist Traffic Acts, 1939 to 1970, “holiday cottage” shall include a holiday house, a holiday home and a holiday villa.

Editorial Notes:

E6

Previous affecting provision: definition of “contractor” inserted (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 7, substituted as per F-note above.

Expenses.

3

3.The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II.

Establishment and General Powers of the Irish Tourist Board.

Constitution of the Irish Tourist Board.

4

4. F2 [ ]

Annotations:

Amendments:

F2

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Editorial Notes:

E7

Previous affecting provision: subs. (3) amended (5.08.1970) by Tourist Traffic Act 1970 (16/1970), s. 6(a), commenced on enactment; repealed as per F-note above.

E8

Previous affecting provision: subss. (3) and (6) amended (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 16, commenced on enactment; repealed as per F-note above.

Disqualification of members of Board from being members of the Oireachtas.

5

5. F3 [ ]

Annotations:

Amendments:

F3

Repealed (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 3(1), commenced on enactment.

Common seal of the Board.

6

6. F4 [ ]

Annotations:

Amendments:

F4

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Removal of members of the Board.

7

7. F5 [ ]

Annotations:

Amendments:

F5

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Resignation and disqualification of members of the Board.

8

8. F6 [ ]

Annotations:

Amendments:

F6

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Editorial Notes:

E9

Previous affecting provision: subs. (2) substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 10, commenced on enactment; repealed as per F-note above.

Meetings and procedure of the Board.

9

9.

Annotations:

Amendments:

F7

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Accounts and audits.

10

10. F8 [ ]

Annotations:

Amendments:

F8

Repealed (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 3(1), commenced on enactment.

Officers and servants of the Board.

11

11. F9 [ ]

Annotations:

Amendments:

F9

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Editorial Notes:

E10

Previous affecting provision: subs. (2) substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 11, commenced on enactment; original provision and amendment repealed as per F-note above.

E11

Previous affecting provision: subs. (2) amended (3.12.1975) by Tourist Traffic Act 1975 (26/1975), s. 5, commenced on enactment; substituted as per E-note above and repealed with original provision as per F-note above.

Exercise of functions of Board through its officers.

12

12. F10 [ ]

Annotations:

Amendments:

F10

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Disclosure of interest in contract.

13

13. F11 [ ]

Annotations:

Amendments:

F11

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

General powers of the Board.

14

14. F12 [ ]

Annotations:

Amendments:

F12

Repealed (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 3(1), commenced on enactment.

Non-repayable grant to the Board.

15

15. F13 [ ]

Annotations:

Amendments:

F13

Repealed (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 3(1), commenced on enactment.

Repayable advances to the Board.

16

16. F14 [ ]

Annotations:

Amendments:

F14

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Editorial Notes:

E12

Previous affecting provision: application of section restricted (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 11, commenced on enactment; s. 11 applies only to s. 16 of the Principal Act and therefore would appear to be spent.

E13

Previous affecting provision: subs. (1) substituted (12.06.1946) by Tourist Traffic (Amendment) Act 1946 (14/1946), s. 2, commenced on enactment; subs. (1) effectively repealed by restrictions placed as per E-note above and formally repealed as per F-note above.

Payment of interest on repayable advances.

17

17. F15 [ ]

Annotations:

Amendments:

F15

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Repayment of repayable advances.

18

18. F16 [ ]

Annotations:

Amendments:

F16

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Compulsory acquisition of land, etc., by the Board.

19

19. (1) In this section the word “ land” includes land covered with water and also includes easements, way-leaves, water-rights, fishing rights, sporting rights, and other rights over or in respect of any land or water.

(2) If and whenever the Board thinks proper to acquire compulsorily any land for the purpose of the exercise of any of the powers or the performance of any of the duties or functions conferred or imposed on it by this Act, the Board may, with the consent of the Minister, by order declare its intention so to acquire such land and every such order shall operate to confer on the Board full power to acquire compulsorily the land mentioned therein under and in accordance with this section.

(3) Whenever the Board proposes to make an order under this section for the purpose of acquiring any land, it shall so inform the Irish Land Commission and if, within three months of their being so informed, the said Commission inform the Board that the said Commission are about to acquire such land for their purposes under the Land Purchase Acts, the Board shall not make such order.

(4) Before making an order under this section, the Board—

( a) shall deposit and keep open for inspection in its principal office or some other suitable place such plans, specifications, and other documents as will show fully and clearly the land intended to be acquired by virtue of the order, and

( b) shall give notice, in such manner as it may consider best adapted for informing persons likely to be affected by the order, of the intention of the Board to consider the making thereof and of the manner in which representations and objections in respect of the order may be made, and

( c) shall, if it considers it expedient so to do, cause a public inquiry to be held in regard to the making of the order.

(5) Whenever the Board acquires under this section any land which is subject, either alone or in conjunction with other land, to a purchase annuity, or an annual sum equivalent to a purchase annuity payable to the Irish Land Commission, the following provisions shall have effect, that is to say:—

( a) if such purchase annuity or annual sum is payable in respect only of the land so acquired, the Irish Land Commission may require the Board to redeem such purchase annuity or annual sum;

( b) if such purchase annuity or annual sum is payable in respect of the land so acquired and other land, the said Commission may apportion such purchase annuity or annual sum between the land so acquired and such other land and may require the Board to redeem the part of such purchase annuity or annual sum so apportioned on the land so acquired;

( c) whenever the said Commission so requires the Board to redeem any such purchase annuity or annual sum, or such apportioned part thereof, the Board shall forthwith redeem such purchase annuity or annual sum, or such apportioned part thereof (as the case may be) under and in accordance with the Land Purchase Acts.

(6) Compensation shall be paid by the Board for land compulsorily acquired by virtue of an order under this section to the several persons entitled thereto or having estates or interests therein, and such compensation shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(7) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by the Board under this section and to the conveyance to the Board of any land compulsorily acquired by virtue of an order under this section, and for the purpose of such application the Board shall be deemed to be the promoter of the undertaking.

(8) The following provisions shall have effect in relation to any public inquiry held under this section—

( a) the Minister shall appoint a fit and proper person to hold such inquiry;

( b) such person is hereby authorised to administer oaths to persons appearing as witnesses at such inquiry;

( c) any person interested in the subject matter of such inquiry shall be entitled to appear personally or by counsel or solicitor and to adduce evidence.

Annotations:

Modifications (not altering text):

C4

Application of section extended (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 7, commenced on enactment.

Erection of notices and fences at, and provision of means of access to, historic sites, etc.

7.—(1) Where the Board proposes to erect a notice or fence at, or to provide or improve means of access to, any historic building, site or shrine, or other place which, in the opinion of the Board is likely to be of particular interest to the public, and the owner refuses to permit the Board to carry out the proposed work, the Board shall have power to acquire, under section 19 of the Act of 1939, such land as the Board thinks proper to enable the work to be carried out.

...

Regulations.

20

20.The Board may, with the consent of the Minister, make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

Furnishing of information by the Board to the Minister.

21

21. F17 [ ]

Annotations:

Amendments:

F17

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Annual report, statistics and returns.

22

22. F18 [ ]

Annotations:

Amendments:

F18

Repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

PART III.

Registration of Premises.

Annotations:

Modifications (not altering text):

C5

Application of Part III (ss. 23-47) extended (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 8, commenced on enactment.

Extension of references to premises.

8.—In Part III of the Act of 1939 and Part IV of the Act of 1952, any reference to premises shall, in a case in which there is both a main building used or intended to be used to provide accommodation or service for guests and one or more annexes or other supplementary structures to the main building used or intended to be used to provide such accommodation or service, be construed as including both a reference to the main building and a reference to such one or more annexes or supplementary structures.

C6

Part III (ss. 23-47) included in collective construction (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 25, commenced on enactment.

PART IV REGISTRATION OF PREMISES (ss. 25-32)

Construction.

25.—This Part shall be construed as one with Part III of the Act of 1939.

C7

Application of Part III (ss. 23-47) extended (1.05.1946) by Fines and Penalties (Disposal) Order 1946 (S.I. No. 141 of 1946), art. 3.

3. Every fine imposed in respect of an offence under any section contained in Part III of the Tourist Traffic Act, 1939 (No. 24 of 1939), shall, in lieu of being paid into the Exchequer, be paid to the Irish Tourist Board.

Definitions for the purposes of Part III.

23

23.In this Part of this Act—

F19 [ premises includes land on which there are no buildings ]

the word “ register” when used without qualification means a register kept under this Part of this Act;

the word “ registration” when used without qualification means registration in a register;

the expression “ registered premises” means premises registered in a register;

the expression “ registered proprietor” means a person who is entered in a register as the proprietor of premises registered in that register.

Annotations:

Amendments:

F19

Inserted (8.02.1966) by Tourist Traffic Act 1966 (3/1966), s. 2(1)(a), commenced on enactment.

The registers and their contents.

24

24. (1) As soon as conveniently may be after the establishment of the Board, the Board shall establish and shall thereafter maintain and keep the following registers, that is to say:—

( a) a register to be called and known and in this Act referred to as the register of hotels;

( b) a register to be called and known and in this Act referred to as the register of guest houses;

( c) a register to be called and known and in this Act referred to as the register of holiday hostels;

( d) a register to be called and known and in this Act referred to as the register of youth hostels;

( e) a register to be called and known and in this Act referred to as the register of holiday camps.

F20 [ ( f ) a register to be called and known and in this Act referred to as the register of motor hotels ]

F21 [ ( g ) a register to be called and known and in this Act referred to as the register of caravan sites and camping sites ]

F22 [ ( h ) a register to be called and known and in this Act referred to as the register of approved holiday cottages. ]

F23 [ ( i ) a register to be called and known (and referred to in this Act) as the register of holiday apartments. ]

(2) There shall be entered in the several registers respectively the following matters in respect of every premises registered therein, that is to say:—

( a) the full name, address, and description of the proprietor of the premises;

( b) the name of the premises and the address or situation thereof;

( c) such other particulars as shall for the time being be prescribed.

(3) Premises registered in any one of the registers shall not, while so registered, be capable of being registered in any other of the registers.

Annotations:

Amendments:

F20

Inserted (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 5(1)(i), commenced on enactment.

F21

Inserted (8.02.1966) by Tourist Traffic Act 1966 (3/1966), s. 2(1)(b), commenced on enactment.

F22

Inserted (5.08.1970) by Tourist Traffic Act 1970 (16/1970), s. 6(b), commenced on enactment.

F23

Inserted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 7(1), commenced on enactment.

Modifications (not altering text):

C8

Transfer of certain Board functions under subs. (1) enabled (28.05.2003, establishment day) by National Tourism Development Authority Act 2003 (10/2003), s. 12(1)-(5) and sch. 2, subject to transitional provision in s. 38, effectively commenced by Establishment Day Order S.I. No. 204 of 2003. Sch. 2 refers to functions performable by contractor.

Agreements for performance of functions of Authority by persons other than Authority.

12.—(1) The Authority may enter into an agreement with another person (in this section referred to as a “contractor”) for the performance by that person of the functions of the Authority under the provisions specified in Schedule 2.

...

Editorial Notes:

E14

Previous affecting provision: subs. (1) modified by Board’s power to contract out certain functions (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 2 and sch; s. 2 repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Eligibility for registration in the respective registers.

25

25.The Board shall, by regulations made by it under this Act, prescribe the following matters, that is to say:—

( a) the general character, the type of accommodation and service provided, and the other qualifications which shall be requisite in respect of any premises in order that such premises may be eligible for registration in the register of hotels;

( b) the general character, the type of accommodation and service provided, and the other qualifications which shall be requisite in respect of any premises in order that such premises may be eligible for registration in the register of guest houses;

( c) the general character, the type of accommodation and service provided, and the other qualifications which shall be requisite in respect of any premises in order that such premises may be eligible for registration in the register of holiday hostels;

( d) the general character, the type of accommodation and service provided, and the other qualifications which shall be requisite in respect of any premises in order that such premises may be eligible for registration in the register of youth hostels;

( e) the general character, the type of accommodation and service provided, and the other qualifications which shall be requisite in respect of any premises in order that such premises may be eligible for registration in the register of holiday camps.

F24 [ ( f ) the general character, the type of accommodation and service provided, and the other qualifications which shall be requisite in respect of any premises in order that such premises may be eligible for registration in the register of motor hotels. ]

F25 [ ( g ) the general character, the type of accommodation and services provided and the other qualifications which shall be requisite in respect of any premises in order that such premises may be eligible for registration in the register of caravan sites and camping sites. ]

F26 [ ( h ) the general character, the type of accommodation and services provided, and the other qualifications which shall be requisite in respect of any premises in order that such premises may be eligible for registration in the register of approved holiday cottages. ]

F27 [ ( i ) the general character, the type of accommodation and services provided, and the other qualifications which shall be requisite in respect of any premises in order that such premises may be eligible for registration in the register of holiday apartments. ]

Annotations:

Amendments:

F24

Inserted (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 5(1)(ii), commenced on enactment.

F25

Inserted (8.02.1966) by Tourist Traffic Act 1966 (3/1966), s. 2(1)(c), commenced on enactment.

F26

Inserted (5.08.1970) by Tourist Traffic Act 1970 (16/1970), s. 6(c), commenced on enactment.

F27

Inserted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 7(2), commenced on enactment.

25A

F28 [ Caravans and camping sites

25A. The Minister shall, before giving his consent to the making of regulations under section 25 of this Act prescribing the matters referred to in paragraph ( g ) of that section, consult with the Minister for Local Government. ]

Annotations:

Amendments:

F28

Inserted (8.02.1966) by Tourist Traffic Act 1966 (3/1966), s. 2(1)(d), commenced on enactment.

Editorial Notes:

E15

The side-note is taken from the amending provision in the absence of one included in the amendment.

Applications for registration.

26

26. (1) The proprietor of any premises may apply to the Board for the registration of those premises in such register as he thinks proper and specifies in his application.

(2) Every application under this section for the registration of any premises shall—

( a) be made in writing in the prescribed form and manner,

( b) contain the prescribed particulars,

( c) be accompanied by such fee F29 [ ] as shall be prescribed, and

( d) be also accompanied by a statement (in this Act referred to as a scale of charges) in the prescribed form of the charges which the applicant proposes to make for rooms, meals, and services provided in such premises during the period between such registration (if granted) and the then next following 31st day of December.

Annotations:

Amendments:

F29

Deleted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 5(1), commenced on enactment.

Modifications (not altering text):

C9

Transfer of certain Board functions under subs. (1) enabled (28.05.2003, establishment day) by National Tourism Development Authority Act 2003 (10/2003), s. 12(1)-(5) and sch. 2, subject to transitional provision in s. 38, effectively commenced by Establishment Day Order S.I. No. 204 of 2003. Sch. 2 refers to functions performable by contractor.

Agreements for performance of functions of Authority by persons other than Authority.

12.— (1) The Authority may enter into an agreement with another person (in this section referred to as a “contractor”) for the performance by that person of the functions of the Authority under the provisions specified in Schedule 2.

...

C10

Application of section extended (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 6, commenced on enactment.

Fee in the case of amended application for registration.

6.— Where—

(a) an application for registration is made to the Board under section 26 of the Act of 1939, and

(b) before a decision on the application has been reached by the Board, the application is amended so as to be for registration in a different register,

the fee paid in connection with the original application shall be applied by the Board towards the amount of the fee required under paragraph (c) of subsection (2) of the said section 26 to accompany an application for registration in such different register.

C11

Application of section extended (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 27, commenced on enactment.

Return of application fee.

27.—The fee sent with an application under section 26 or 29 of the Act of 1939, for the registration or renewal of the registration of premises may, on the request of the applicant and at the discretion of the Board, be repaid to the applicant unless, after the receipt of the fee, the premises have been inspected by an officer of the Board.

Editorial Notes:

E16

Previous affecting provision: subs. (1) modified by Board’s power to contract out certain functions (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 2 and sch; s. 2 repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Registration of premises.

27

27. (1) Whenever an application is duly made to the Board for the registration of premises in a register, the Board shall cause such premises to be inspected by an officer of the Board.

(2) Whenever premises in respect of which an application was duly made to the Board for registration in a register have been inspected under sub-section (1) of this section and the Board is of opinion that such premises are eligible for registration in such register, the Board shall inform the applicant that his premises will be registered in such register on payment to the Board of the appropriate prescribed fee.

(3) Whenever premises in respect of which an application was duly made to the Board for registration in a register have been inspected under sub-section (1) of this section and the Board is of opinion that such premises are not eligible for registration in such register, the following provisions shall apply and have effect, that is to say:—

( a) the Board shall serve notice upon the applicant that the Board is of opinion that such premises are not eligible for registration in such register and that the applicant may, within fourteen days after service of such notice make written representations to the Board with a view to showing that such premises are eligible for such registration;

( b) if during the said fourteen days no such written representations are received by the Board, the Board shall refuse such application;

( c) if during the said fourteen days such written representations are received by the Board, the Board shall cause a second inspection of such premises to be made by a different officer of the Board;

( d) if the Board, notwithstanding such second inspection and having considered the written representations received as aforesaid, remains of opinion that such premises are not eligible for registration in such register, the Board shall refuse such application;

( e) if the Board, as a result of such second inspection and having considered the written representations received as aforesaid, becomes of opinion that such premises are eligible for registration in such register, the Board shall inform the applicant that his premises will be registered in such register on payment to the Board of the appropriate prescribed fee.

(4) An applicant for registration of premises in a register who has been informed by the Board that such premises will be registered in such register on payment to the Board of the appropriate prescribed fee may pay the said fee to the Board, and thereupon the Board shall register such premises in such register.

(5) References in this section to the opinion of the Board that premises are not eligible for registration in any register shall be construed as references to such opinion formed by the Board itself and not by the Board acting through or by any of its officers or servants.

(6) The fees prescribed for the purposes of this section may be so prescribed as to vary in amount according to the register in which the relevant premises are to be registered and according to any other matters which the Board thinks proper.

Annotations:

Modifications (not altering text):

C12

Transfer of certain Board functions under subss. (1), (2), (3)(a) and (b) and (4) enabled (28.05.2003, establishment day) by National Tourism Development Authority Act 2003 (10/2003), s. 12(1)-(5) and sch. 2, subject to transitional provision in s. 38, effectively commenced by Establishment Day Order S.I. No. 204 of 2003, and subject to the exclusion in s. 27(2) of the words: “and the Board is of opinion that such premises are eligible for registration in such register,” and in s. 27(3)(a) and (b) of the words: “and the Board is of opinion that such premises are not eligible for registration in such register,”. Sch. 2 refers to functions performable by contractor.

Agreements for performance of functions of Authority by persons other than Authority.

12.—(1) The Authority may enter into an agreement with another person (in this section referred to as a “contractor”) for the performance by that person of the functions of the Authority under the provisions specified in Schedule 2.

...

C13

Application of subs. (3)(b) and (d) extended for period (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 7(a), commenced on enactment.

Application for registration after refusal or cancellation of registration.

7.—Where—

(a) an application for registration is refused by the Board under paragraph ( b) or paragraph ( d) of subsection (3) of section 27 of the Act of 1939,

...

no application for registration of the premises in the same register by the Board may be made during the period of nine months commencing on the day of the refusal or cancellation.

C14

Application of subs. (4) restricted (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 26, commenced on enactment.

Payment of registration fee.

26.— If an applicant for registration of premises in a register, having been served with notice by the Board that the premises will be registered on payment of the appropriate prescribed fee, does not pay the fee to the Board within three months after such service, then, notwithstanding subsection (4) of section 27 of the Act of 1939, his application shall be void.

Editorial Notes:

E17

Previous affecting provision: subss. (1), (2), (3) (a) and (b) and (4) modified by Board’s power to contract out certain functions (5.07.1995) by Tourist Traffic Act 1995 (13/1995), ss. 2, 8 and sch; ss. 2 and 8 repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Duration of registration.

28

28. (1) Every registration of premises in a register shall (unless sooner terminated under this Act) continue in force until the next following 31st day of December and shall then terminate unless it is renewed under this Act.

(2) Save as is otherwise provided by this Act, the registration (whether original or by way of renewal) of any premises in a register may be renewed as from the 31st day of December on which, but for such renewal, it would terminate.

(3) Whenever the registration of any premises in a register is renewed under this Act, the registration of such premises in such register shall (unless sooner terminated under this Act) continue until the 31st day of December next after the day on which such renewal commences and shall then terminate unless it is further renewed under this Act.

Applications for renewal of registration.

29

29. (1) The registered proprietor of any premises registered in a register may apply to the Board F30 [ on or before the 15th day of October ] or, with the consent of the Board, F30 [ on or before the 15th day of November ] in any year for the renewal of the registration of such premises as from the next following 31st day of December.

(2) Every application under this section for the renewal of the registration of any premises shall—

( a) be made in writing in the prescribed form and manner,

( b) contain the prescribed particulars,

( c) be accompanied by the prescribed fee, and

( d) be also accompanied by a statement (in this Act referred to as a scale of charges) in the prescribed form of the charges which the applicant proposes to make for rooms, meals, and services provided in such premises during the period while such registration, if it is renewed, will remain in force by virtue of such renewal.

(3) The fees prescribed for the purposes of this section may be so prescribed as to vary in amount according to the register in which the relevant premises are registered and according to any other matters which the Board thinks proper.

Annotations:

Amendments:

F30

Substituted (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 10(1), commenced on enactment.

Modifications (not altering text):

C15

Transfer of certain Board functions under subs. (1) enabled (28.05.2003, establishment day) by National Tourism Development Authority Act 2003 (10/2003), s. 12(1)-(5) and sch. 2, subject to transitional provision in s. 38, effectively commenced by Establishment Day Order S.I. No. 204 of 2003. Sch. 2 refers to functions performable by contractor.

Agreements for performance of functions of Authority by persons other than Authority.

12.—(1) The Authority may enter into an agreement with another person (in this section referred to as a “contractor”) for the performance by that person of the functions of the Authority under the provisions specified in Schedule 2.

...

C16

Application of section extended (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 27, commenced on enactment.

Return of application fee.

27.—The fee sent with an application under section 26 or 29 of the Act of 1939, for the registration or renewal of the registration of premises may, on the request of the applicant and at the discretion of the Board, be repaid to the applicant unless, after the receipt of the fee, the premises have been inspected by an officer of the Board.

Editorial Notes:

E18

Previous affecting provision: subs. (1) modified by Board’s power to contract out certain functions (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 2 and sch; s. 2 repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Renewal of registration.

30

30. (1) Whenever an application is duly made to the Board for the renewal of the registration of premises in a register, the Board, if it is of opinion that such premises have not ceased to be eligible for registration in such register, shall, before the 31st day of December next after the date of such application, renew the registration of such premises in such register.

(2) Whenever an application is duly made to the Board for the renewal of the registration of premises in a register and the Board is of opinion that such premises have ceased to be eligible for registration in such register, the Board shall cause such premises to be inspected by an officer of the Board.

(3) Whenever premises in respect of which an application was duly made to the Board for the renewal of the registration thereof in a register have been inspected under sub-section (2) of this section and the Board, as a result of such inspection, becomes of opinion that such premises have not ceased to be eligible for registration in such register, the Board shall, before the 31st day of December next after the date of such application, renew the registration of such premises in such register.

(4) Whenever premises in respect of which an application was duly made to the Board for the renewal of the registration thereof in a register have been inspected under sub-section (2) of this section and the Board, notwithstanding such inspection, remains of opinion that such premises have ceased to be eligible for registration in such register, the following provisions shall apply and have effect, that is to say:—

F31 [ ( a ) the Board shall serve notice upon the applicant that the Board is of opinion that such premises have ceased on stated grounds to be eligible for registration in such register and that the applicant may, within fourteen days after service of such notice, make written representations to the Board with a view to showing that such premises have not ceased to be eligible for registration in such register; ]

( b) if during the said fourteen days no such written representations are received by the Board, the Board shall refuse such application;

( c) if during the said fourteen days such written representations are received by the Board, the Board shall cause a second inspection of such premises to be made by a different officer of the Board;

( d) if the Board, notwithstanding such second inspection and having considered the written representations received as aforesaid, remains of opinion that such premises have ceased to be eligible for registration in such register, the Board shall refuse such application;

( e) if the Board, as a result of such second inspection and having considered the written representations received as aforesaid, becomes of opinion that such premises have not ceased to be eligible for registration in such register, the Board shall before the 31st day of December next after the date of such application, renew the registration of such premises in such register.

(5) Notwithstanding anything contained in the foregoing sub-sections of this section, the Board may refuse an application duly made to the Board for the renewal of the registration of any premises if the Board is of opinion that either—

( a) in case such application is the first application for the renewal of such registration, the applicant has, during the period between such registration and such application for renewal, failed, save with the consent of the Board, to adhere to charges not exceeding those specified in the scale of charges furnished by him with his application for such registration, or

( b) in case such application is not the first application for the renewal of such registration, the applicant has, during the then current year, failed, save with the consent of the Board, to adhere to charges not exceeding those specified in the scale of charges furnished by him with his next previous application for renewal of such registration.

(6) References in this section to the opinion of the Board that premises have ceased to be eligible for registration in any register or that an applicant has failed to adhere to any charges shall be construed as references to such opinion formed by the Board itself and not by the Board acting through or by any of its officers or servants.

Annotations:

Amendments:

F31

Substituted (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 28, commenced on enactment.

Modifications (not altering text):

C17

Transfer of certain Board functions under subss. (1)-(3), (4)(a) and (b) enabled (28.05.2003, establishment day) by National Tourism Development Authority Act 2003 (10/2003), s. 12(1)-(5) and sch. 2, subject to transitional provision in s. 38, effectively commenced by Establishment Day Order S.I. No. 204 of 2003, and subject to the exclusions in:

S. 30(1) of the words: “if it is of the opinion that such premises have ceased to be eligible for registration in such register,”;

S. 30(2) of the words: “and the Board is of opinion that such premises have ceased to be eligible for registration in such register”;

S. 30(3) of the words: “and the Board, as a result of such inspection, becomes of the opinion that such premises has not ceased to be eligible for registration in such register,”;

S. 30(4)(a) and (b) of the words: “and the Board, notwithstanding such inspection, remains of opinion that such premises have not ceased to be eligible for registration in such register,”.

Sch. 2 of the Act of 2003 refers to functions performable by contractor.

Agreements for performance of functions of Authority by persons other than Authority.

12.—(1) The Authority may enter into an agreement with another person (in this section referred to as a “contractor”) for the performance by that person of the functions of the Authority under the provisions specified in Schedule 2.

...

C18

Application of subs. (4)(b) and (d) extended (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 7(b), commenced on enactment.

Application for registration after refusal or cancellation of registration.

7.—Where— ...

(b) an application for the renewal of registration is refused by the Board under paragraph (b) or paragraph (d) of subsection (4) of section 30 of the Act of 1939,

...

no application for registration of the premises in the same register by the Board may be made during the period of nine months commencing on the day of the refusal or cancellation.

C19

Subss. (5) and (6) construed (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 29, commenced on enactment.

Amendment of section 30 of Act of 1939.

29.—Subsections (5) and (6) of section 30 of the Act of 1939 (which empower the Board to refuse an application for renewal of registration where the applicant has failed to adhere to his specified scale of charges) shall be construed as if the word “wilfully” were inserted before “failed” wherever the latter word occurs in the subsections.

Editorial Notes:

E19

Previous affecting provision: section modified by Board’s power to contract out certain functions (5.07.1995) by Tourist Traffic Act 1995 (13/1995), ss. 2, 8 and sch; ss. 2 and 8 repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Registration certificates.

31

F32 [ 31. (1) Whenever the Board registers any premises, the Board shall give, free of charge, a certificate (in this Act referred to as a registration certificate) of such registration to the registered proprietor.

(2) Where the registered proprietor of any registered premises satisfies the Board that the registration certificate for the time being in force in respect of such premises has been accidentally destroyed, the Board may issue to such registered proprietor a new registration certificate in lieu of that so destroyed.

(3) The following provisions shall have effect in respect of every registration certificate, that is to say:

( a ) such certificate shall be in the prescribed form and shall contain a statement of the premises to which it relates, the name of the registered proprietor of such premises, and such other matters as shall be required by the prescribed form;

( b ) such certificate shall be signed by an officer of the Board authorised in that behalf by the Board;

( c ) such certificate shall, save as regards any period when it is returned to the Board in accordance with this Act, be displayed in a prominent position at or near the principal entrance to such premises during the continuance of the registration certified by it;

( d ) such certificate shall be returned to the Board immediately after the registration expires or whenever the Board so request.

(4) Whenever the registered proprietor of any registered premises fails to display, in accordance with paragraph ( c ) of subsection (3) of this section, the registration certificate for the time being in force in respect of such premises, he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to F33 [ a fine not exceeding £ 200 together with, in the case of a continuing offence, a further fine (not exceeding £ 200 in all) not exceeding £ 10 for every day during which the offence continues. ]

(5) Whenever a registration certificate is not returned to the Board immediately upon the expiration thereof or at the request of the Board, the person to whom such certificate was given shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to F34 [ a fine not exceeding £ 50 together with, in the case of a continuing offence, a further fine (not exceeding £ 200 in all) not exceeding £ 5 for every day during which the offence continues. ] ]

Annotations:

Amendments:

F32

Substituted (3.07.1952) by Tourist Traffic Act 1952 (15/1952), ss. 3(1) and 30, commenced on enactment.

F33

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 1, commenced on enactment.

F34

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 2, commenced on enactment.

Modifications (not altering text):

C20

Transfer of certain Board functions under subss. (1), (2) and (3) (b) and (d) effected (28.05.2003, establishment day) by National Tourism Development Authority Act 2003 (10/2003), s. 12(1)-(5) and sch. 2, subject to transitional provision in s. 38, effectively commenced by Establishment Day Order S.I. No. 204 of 2003. Sch. 2 refers to functions performable by contractor.

Agreements for performance of functions of Authority by persons other than Authority.

12.—(1) The Authority may enter into an agreement with another person (in this section referred to as a “contractor”) for the performance by that person of the functions of the Authority under the provisions specified in Schedule 2.

...

Editorial Notes:

E20

Previous affecting provision: subss. (1), (2) and (3)(b) and (d) modified by Board’s power to contract out certain functions (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 2 and sch; s. 2 repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Amendment of register in certain circumstances.

32

32.The Board may, on its own motion or on the application of the registered proprietor, amend the registration of any premises in any respect in which such registration appears to the Board to be erroneous or misleading and may, where appropriate, amend the relevant registration certificate accordingly.

Annotations:

Modifications (not altering text):

C21

Transfer of certain Board functions under section enabled (28.05.2003, establishment day) by National Tourism Development Authority Act 2003 (10/2003), s. 12(1)-(5) and sch. 2, subject to transitional provision in s. 38, effectively commenced by Establishment Day Order S.I. No. 204 of 2003. Sch. 2 refers to functions performable by contractor.

Agreements for performance of functions of Authority by persons other than Authority.

12.—(1) The Authority may enter into an agreement with another person (in this section referred to as a “contractor”) for the performance by that person of the functions of the Authority under the provisions specified in Schedule 2.

...

Editorial Notes:

E21

Previous affecting provision: section modified by Board’s power to contract out certain functions (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 2 and sch; s. 2 repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Restriction on describing premises as a hotel.

33

33. (1) It shall not be lawful for the proprietor of any premises to describe or hold out or permit any person to describe or hold out such premises as an hotel unless such premises are registered in the register of hotels and such proprietor is registered in that register as the registered proprietor of such premises.

(2) Any person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to F35 [ a fine not exceeding £ 500 together with, in the case of a continuing offence, a further fine (not exceeding £ 300 in all) not exceeding £ 20 for every day during which the offence is continued. ]

(3) This section shall come into operation on such day as may be appointed in that behalf by order of the Minister.

Annotations:

Amendments:

F35

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 3, commenced on enactment.

Modifications (not altering text):

C22

Enforcement of section extended (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 4, commenced on enactment.

Prohibition by Circuit Court of unauthorised use of titles protected by Tourist Traffic Acts, 1939 to 1983.

4.—(1) Where a person is acting in contravention of section 33, 34, 35, 36, 37, 37A, 37B, 37C or 37D of the Principal Act (as amended), the Court may, on the application of the Board, by order prohibit the continuance of the contravention.

...

C23

Definition of “proprietor” extended (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 31, commenced on enactment.

Extension of sections 33 to 37 of Act of 1939 to occupiers.

31.—The word “proprietor” shall, wherever it occurs (except as part of the expression “registered proprietor”) in sections 33 to 37 of the Act of 1939, be construed as including “occupier”.

Editorial Notes:

E22

Power pursuant to section exercised (1.04.1944) by Tourist Traffic Act, 1939 (Commencement of Sections 33, 34, 35, 36 and 37) Order 1944 (S.I. No. 52 of 1944).

2. The 1st day of April, 1944, is hereby appointed to be the day on which Sections 33 , 34, 35, 36 and 37 of the Tourist Traffic Act, 1939 (No. 24 of 1939), shall come into operation.

E23

Previous affecting provision: subs. (2) amended (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 10(2), commenced on enactment; substituted as per F-note above.

Restriction on describing premises as a guest house.

34

34. (1) It shall not be lawful for the proprietor of any premises to describe or hold out or permit any person to describe or hold out such premises as a guest house unless such premises are registered in the register of guest houses and such proprietor is registered in that register as the registered proprietor of such premises.

(2) Any person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to F36 [ a fine not exceeding £ 500 together with, in the case of a continuing offence, a further fine (not exceeding £ 300 in all) not exceeding £ 20 for every day during which the offence is continued. ]

(3) This section shall come into operation on such day as may be appointed in that behalf by order of the Minister.

Annotations:

Amendments:

F36

Substituted (15.11.1983) by Tourist Traffic Act 1983(31/1983), s. 3 item 4, commenced on enactment.

Modifications (not altering text):

C24

Application of section extended (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 4, commenced on enactment.

Prohibition by Circuit Court of unauthorised use of titles protected by Tourist Traffic Acts, 1939 to 1983.

4.—(1) Where a person is acting in contravention of section 33, 34, 35, 36, 37, 37A, 37B, 37C or 37D of the Principal Act (as amended), the Court may, on the application of the Board, by order prohibit the continuance of the contravention.

C25

Definition of “proprietor” extended (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 31, commenced on enactment.

Extension of sections 33 to 37 of Act of 1939 to occupiers.

31.—The word “proprietor” shall, wherever it occurs (except as part of the expression “registered proprietor”) in sections 33 to 37 of the Act of 1939, be construed as including “occupier”.

...

Editorial Notes:

E24

Power pursuant to section exercised (1.04.1944) by Tourist Traffic Act, 1939 (Commencement of Sections 33, 34, 35, 36 and 37) Order 1944 (S.I. No. 52 of 1944).

2. The 1st day of April, 1944, is hereby appointed to be the day on which Sections 33 , 34, 35, 36 and 37 of the Tourist Traffic Act, 1939 (No. 24 of 1939), shall come into operation.

E25

Previous affecting provision: subs. (2) amended (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 10(2), commenced on enactment, substituted as per F-note above.

Restriction on describing premises as a holiday hostel, etc.

35

35. (1) It shall not be lawful for the proprietor of any premises to describe such premises as a holiday hostel or holiday home or to hold out such premises as a holiday hostel or holiday home or to permit any person to so describe or so hold out such premises unless such premises are registered in the register of holiday hostels and such proprietor is registered in that register as the registered proprietor of such premises.

(2) Any person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to F37 [ a fine not exceeding £ 500 together with, in the case of a continuing offence, a further fine (not exceeding £ 300 in all) not exceeding £ 20 for every day during which the offence is continued. ]

(3) This section shall come into operation on such day as may be appointed in that behalf by order of the Minister.

Annotations:

Amendments:

F37

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 5, commenced on enactment.

Modifications (not altering text):

C26

Enforcement of section extended (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 4, commenced on enactment.

Prohibition by Circuit Court of unauthorised use of titles protected by Tourist Traffic Acts, 1939 to 1983.

4.—(1) Where a person is acting in contravention of section 33, 34, 35, 36, 37, 37A, 37B, 37C or 37D of the Principal Act (as amended), the Court may, on the application of the Board, by order prohibit the continuance of the contravention.

...

C27

Definition of “proprietor” extended (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 31, commenced on enactment.

Extension of sections 33 to 37 of Act of 1939 to occupiers.

31.—The word “proprietor” shall, wherever it occurs (except as part of the expression “registered proprietor”) in sections 33 to 37 of the Act of 1939, be construed as including “occupier”.

Editorial Notes:

E26

Power pursuant to section exercised (1.04.1944) by Tourist Traffic Act, 1939 (Commencement of Sections 33, 34, 35, 36 and 37) Order 1944 (S.I. No. 52 of 1944).

2. The 1st day of April, 1944, is hereby appointed to be the day on which Sections 33 , 34, 35, 36 and 37 of the Tourist Traffic Act, 1939 (No. 24 of 1939), shall come into operation.

E27

Previous affecting provision: subs. (2) amended (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 10(2), commenced on enactment; substituted as per F-note above.

Restriction on describing premises as a youth hostel.

36

36. (1) It shall not be lawful for the proprietor of any premises to describe or hold out or permit any person to describe or hold out such premises as a youth hostel unless such premises are registered in the register of youth hostels and such proprietor is registered in that register as the registered proprietor of such premises.

(2) Any person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to F38 [ a fine not exceeding £ 500 together with, in the case of a continuing offence, a further fine (not exceeding £ 300 in all) not exceeding £ 20 for every day during which the offence is continued. ]

(3) This section shall come into operation on such day as may be appointed in that behalf by order of the Minister.

Annotations:

Amendments:

F38

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 6, commenced on enactment.

C28

Enforcement of section extended (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 4, commenced on enactment.

Prohibition by Circuit Court of unauthorised use of titles protected by Tourist Traffic Acts, 1939 to 1983.

4.—(1) Where a person is acting in contravention of section 33, 34, 35, 36, 37, 37A, 37B, 37C or 37D of the Principal Act (as amended), the Court may, on the application of the Board, by order prohibit the continuance of the contravention.

...

Modifications (not altering text):

C29

Definition of “proprietor” extended (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 31, commenced on enactment.

Extension of sections 33 to 37 of Act of 1939 to occupiers.

31.—The word “proprietor " shall, wherever it occurs (except as part of the expression “registered proprietor ") in sections 33 to 37 of the Act of 1939, be construed as including “occupier ".

Editorial Notes:

E28

Previous affecting provision: subs. (2) amended (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 10(2), commenced on enactment, replaced as per F-note above.

E29

Power pursuant to section exercised (15.02.1944) by Tourist Traffic Act, 1939 (Commencement of Sections 33, 34, 35, 36 and 37) Order 1944 (S.I. No. 52 of 1944).

2. The 1st day of April, 1944, is hereby appointed to be the day on which Sections 33 , 34, 35, 36 and 37 of the Tourist Traffic Act, 1939 (No. 24 of 1939), shall come into operation.

Restriction on describing premises as a holiday camp.

37

37. (1) It shall not be lawful for the proprietor of any premises to describe or hold out or permit any person to describe or hold out such premises as a holiday camp unless such premises are registered in the register of holiday camps and such proprietor is registered in that register as the registered proprietor of such premises.

(2) Any person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to F39 [ a fine not exceeding £ 500 together with, in the case of a continuing offence, a further fine (not exceeding £ 300 in all) not exceeding £ 20 for every day during which the offence is continued. ]

(3) This section shall come into operation on such day as may be appointed in that behalf by order of the Minister.

Annotations:

Amendments:

F39

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 7, commenced on enactment.

Modifications (not altering text):

C30

Enforcement of section extended (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 4, commenced on enactment.

Prohibition by Circuit Court of unauthorised use of titles protected by Tourist Traffic Acts, 1939 to 1983.

4.—(1) Where a person is acting in contravention of section 33, 34, 35, 36, 37, 37A, 37B, 37C or 37D of the Principal Act (as amended), the Court may, on the application of the Board, by order prohibit the continuance of the contravention.

...

C31

Definition of “proprietor” extended (3.07.1952) by Tourist Traffic Act 1952 (15/1952), s. 31, commenced on enactment.

Extension of sections 33 to 37 of Act of 1939 to occupiers.

31.—The word “proprietor” shall, wherever it occurs (except as part of the expression “registered proprietor”) in sections 33 to 37 of the Act of 1939, be construed as including “occupier”.

Editorial Notes:

E30

Power pursuant to section exercised (1.04.1944) by Tourist Traffic Act, 1939 (Commencement of Sections 33, 34, 35, 36 and 37) Order 1944 (S.I. No. 52/1944).

2. The 1st day of April, 1944, is hereby appointed to be the day on which Sections 33 , 34, 35, 36 and 37 of the Tourist Traffic Act, 1939 (No. 24 of 1939), shall come into operation.

E31

Previous affecting provision: subs. (2) amended (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 10(2), commenced on enactment; substituted as per F-note above.

F40 [ Motor hotels.

37A

37A. (1) It shall not be lawful for the proprietor or occupier of any premises to describe or hold out or permit any person to describe or hold out such premises

( a ) as a motor hotel,

( b ) as a motel,

( c ) as a coach hotel,

( d ) as a motor inn,

( e ) as a motor court,

( f ) as a tourist court, or

( g ) as being of any other description prescribed for the purposes of this section,

unless such premises are registered in the register of motor hotels and such proprietor or occupier is registered in that register as the registered proprietor of such premises.

(2) Any person who acts in contravention of this section shall be guilty of an offence and shall be liable on summary conviction thereof to F41 [ a fine not exceeding £ 500 together with, in the case of a continuing offence, a further fine (not exceeding £ 300 in all) not exceeding £ 20 for every day during which the offence is continued. ]

(3) This section shall come into operation on such day as may be appointed in that behalf by order of the Minister. ]

Annotations:

Amendments:

F40

Inserted (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 5(1)(iii), commenced on enactment.

F41

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 8, commenced on enactment.

Modifications (not altering text):

C32

Enforcement of section extended (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 4, commenced on enactment.

Prohibition by Circuit Court of unauthorised use of titles protected by Tourist Traffic Acts, 1939 to 1983.

4.—(1) Where a person is acting in contravention of section 33, 34, 35, 36, 37, 37A, 37B, 37C or 37D of the Principal Act (as amended), the Court may, on the application of the Board, by order prohibit the continuance of the contravention.

...

Editorial Notes:

E32

The side-note is taken from the amending section in the absence of one included in the amendment.

F42 [ Caravan sites and camping sites.

37B

37B. (1) It shall not be lawful for the proprietor or occupier of any premises to describe or hold out or permit any person to describe or hold out such premises as a caravan site, caravan park, caravan camp, caravan centre, caravan estate, caravan court, caravantel, camping site, camping park, camping centre, camping estate, camping court or autocamp or as being of any other description prescribed for the purposes of this section unless the premises are registered in the register of caravan sites and camping sites and such proprietor or occupier is registered in that register as the registered proprietor of such premises.

(2) Any person who acts in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to F43 [ a fine not exceeding £ 500 together with, in the case of a continuing offence, a further fine (not exceeding £ 300 in all) not exceeding £ 20 for every day during which the offence is continued. ]

(3) This section shall come into operation on such day as may be appointed in that behalf by order of the Minister. ]

Annotations:

Amendments:

F42

Inserted (8.02.1966) by Tourist Traffic Act 1966 (3/1966), s. 2(1)(e), commenced on enactment.

F43

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 9, commenced on enactment.

Modifications (not altering text):

C33

Enforcement of section extended (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 4, commenced on enactment.

Prohibition by Circuit Court of unauthorised use of titles protected by Tourist Traffic Acts, 1939 to 1983.

4.—(1) Where a person is acting in contravention of section 33, 34, 35, 36, 37, 37A, 37B, 37C or 37D of the Principal Act (as amended), the Court may, on the application of the Board, by order prohibit the continuance of the contravention.

...

Editorial Notes:

E33

Power pursuant to section exercised (1.05.1969) by Tourist Traffic Act, 1939 (Commencement) Order 1969 (S.I. No. 61 of 1969).

2. The 1st day of May, 1969, is hereby appointed to be the day on which section 37B (inserted by the Tourist Traffic Act, 1966 (No. 3 of 1966)) of the Tourist Traffic Act, 1939 (No. 24 of 1939), shall come into operation.

E34

The side-note is taken from the amending section in the absence of one included in the amendment.

37C
37C

F44 [ 37C. (1) It shall not be lawful for the proprietor or occupier of any premises to describe or hold out or permit any person to describe or hold out such premises as an approved holiday cottage, approved holiday house, approved holiday home or approved holiday villa, or as being of any other description prescribed for the purposes of this section, unless the premises are registered in the register of approved holiday cottages and such proprietor or occupier is registered in that register as the registered proprietor of such premises.

(2) Any person who acts in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to F45 [ a fine not exceeding £ 500 together with, in the case of a continuing offence, a further fine (not exceeding £ 300 in all) not exceeding £ 20 for every day during which the offence is continued. ]

(3) This section shall come into operation on such day as may be appointed in that behalf by order of the Minister. ]

Annotations:

Amendments:

F44

Inserted (5.08.1970) by Tourist Traffic Act 1970 (16/1970), s. 6(d), commenced on enactment.

F45

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 10, commenced on enactment.

Modifications (not altering text):

C34

Enforcement of section extended (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 4, commenced on enactment.

Prohibition by Circuit Court of unauthorised use of titles protected by Tourist Traffic Acts, 1939 to 1983.

4.—(1) Where a person is acting in contravention of section 33, 34, 35, 36, 37, 37A, 37B, 37C or 37D of the Principal Act (as amended), the Court may, on the application of the Board, by order prohibit the continuance of the contravention.

...

Editorial Notes:

E35

No side-note was included in the amending provision.

F46 [ Register of holiday apartments.

37D

37D. (1) It shall not be lawful for the proprietor or occupier of any premises to describe or hold out or permit any person to describe or hold out such premises as a holiday apartment, tourist apartment, apartotel or holiday flat, or as being of any other description prescribed for the purposes of this section, unless the premises are registered in the register of holiday apartments and such proprietor or occupier is registered in that register as the registered proprietor of such premises.

(2) Any person who acts in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £ 500 together with, in the case of a continuing offence, a further fine (not exceeding £ 300 in all) not exceeding £ 20 for every day during which the offence is continued.

(3) This section shall come into operation on such day as may be appointed in that behalf by order of the Minister. ]

Annotations:

Amendments:

F46

Inserted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 7(4), commenced on enactment.

Modifications (not altering text):

C35

Enforcement of section extended (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 4, commenced on enactment.

Prohibition by Circuit Court of unauthorised use of titles protected by Tourist Traffic Acts, 1939 to 1983.

4.—(1) Where a person is acting in contravention of section 33, 34, 35, 36, 37, 37A, 37B, 37C or 37D of the Principal Act (as amended), the Court may, on the application of the Board, by order prohibit the continuance of the contravention.

...

Editorial Notes:

E36

The side-note is taken from the amending section in the absence of one included in the amendment.

Exemptions.

38

38. (1) Where the Board is satisfied that any premises are carried on by a charitable organisation, the Board, if in its absolute discretion it so thinks fit, may by order declare that any one of the four preceding sections shall not apply in respect of such premises and, so long as such order remains in force, such section shall not apply in respect of such premises.

(2) The Board may by order revoke any order made under the immediately preceding sub-section of this section.

Grades.

39

39. (1) The Board may from time to time grade in such manner as it thinks proper the premises registered in any register.

(2) Where the premises registered in any register have been graded under this section, the Board may at any time, if it so thinks proper, withdraw the grade then allotted to any of such premises and allot a different grade thereto.

(3) Where the premises registered in any register have been graded under this section, it shall not be lawful for the registered proprietor of any of such premises to describe or hold out such premises as being of a grade other than that for the time being allotted thereto.

(4) If the registered proprietor of any registered premises acts in contravention of the immediately preceding sub-section of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to F47 [ a fine not exceeding £ 500. ]

Annotations:

Amendments:

F47

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 11, commenced on enactment.

Modifications (not altering text):

C36

Transfer of certain Board functions under subss. (1) and (2) enabled (28.05.2003, establishment day) by National Tourism Development Authority Act 2003 (10/2003), s. 12(1)-(5) and sch. 2, subject to transitional provision in s. 38, effectively commenced by Establishment Day Order S.I. No. 204 of 2003, and subject to the exclusion in subs. (1) of the words: “in such manner as it thinks proper”, and in subs. (2) of the words: “if it so thinks proper”. Sch. 2 refers to functions performable by contractor.

Agreements for performance of functions of Authority by persons other than Authority.

12.—(1) The Authority may enter into an agreement with another person (in this section referred to as a “contractor”) for the performance by that person of the functions of the Authority under the provisions specified in Schedule 2.

...

Editorial Notes:

E37

Previous affecting provision: subss. (1) and (2) modified by Board’s power to contract out certain functions (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 2 and sch; s. 2 repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Devolution and transfer of registered premises.

40

40. (1) Where the registered proprietor of registered premises dies, the following provisions shall have effect, that is to say:—

( a) the death of the said registered proprietor shall not of itself terminate the registration of such premises;

( b) the personal representative of the said deceased registered proprietor or, with the assent of such personal representative, any other person shall be entitled, on application in the prescribed form and manner to the Board, to be registered as the registered proprietor of the said premises;

( c) from the death of the said deceased registered proprietor until the registration of another person as registered proprietor of the said premises, the person actually carrying on the said premises shall be deemed to be the registered proprietor thereof for the purposes of so much of this Act as relates to things to be done on the said premises or in the course of carrying them on as aforesaid.

(2) Where the registered proprietor (in this sub-section referred to as the transferor) of registered premises transfers, on sale or otherwise, the said premises and the business carried on therein to another person (in this sub-section referred to as the transferee), the following provisions shall have effect, that is to say:—

( a) the transferee shall be entitled, on application in the prescribed form and manner to the Board and on satisfying the Board that he has become the proprietor of the said premises, to be registered as the registered proprietor of the said premises;

( b) the transferee shall, on being registered as aforesaid, be entitled to the benefit of any application to the Board made by the transferor in relation to the said premises and then pending and shall be entitled to prosecute such application as if it had been made by him;

( c) until the transferee is registered as aforesaid, the transferor shall, notwithstanding the said transfer, continue to be for all the purposes of this Act the registered proprietor of the said premises.

(3) The immediately preceding sub-section of this section shall apply in every case where a receiver or manager appointed by a court or a mortgagee goes into possession of registered premises in like manner as if such premises had been transferred by the registered proprietor thereof to such receiver, manager or mortgagee (as the case may be).

Annotations:

Modifications (not altering text):

C37

Transfer of certain Board functions under subss. (1)(b) and (2)(a) and (b) enabled (28.05.2003, establishment day) by National Tourism Development Authority Act 2003 (10/2003), s. 12(1)-(5) and sch. 2, subject to transitional provision in s. 38, effectively commenced by Establishment Day Order S.I. No. 204 of 2003. Sch. 2 refers to functions performable by contractor.

Agreements for performance of functions of Authority by persons other than Authority.

12.—(1) The Authority may enter into an agreement with another person (in this section referred to as a “contractor”) for the performance by that person of the functions of the Authority under the provisions specified in Schedule 2.

...

Editorial Notes:

E38

Previous affecting provision: subss. (1)(b) and (2)(a) and (b) modified by Board’s power to contract out certain functions (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 2 and sch; s. 2 repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Inspection.

41

41. (1) F48 [ A registration officer ] shall be entitled at all reasonable times (subject to the production by him if so required of his appointment in writing as F48 [ registration officer ]) to enter and inspect any registered premises or any premises in respect of which an application for registration has been made, and to require the registered proprietor or the applicant for registration (as the case may be) or any person employed in such premises to furnish to such F48 [ registration officer ] such information in relation to such premises as may be reasonably necessary for the purposes of the administration of this Act.

(2) Every person who—

( a) obstructs or impedes F48 [ a registration officer ] in the exercise of any of the powers conferred by this section, or

( b) fails or refuses to give to F48 [ a registration officer ] on demand any information which F48 [ such registration officer ] is entitled to demand under this section, or

( c) wilfully gives to F48 [ a registration officer ] information which is false or misleading in a material particular,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to F49 [ a fine not exceeding £ 50. ]

F50 [ (3) In this section registration officer means

( a ) an officer of the Board appointed in writing by the Board, or

( b ) an employee of a contractor appointed in writing by the contractor,

to be a registration officer for the purposes of this section.

(4) A registration officer who is an employee of a contractor shall cease to be a registration officer upon the termination of any contract made between the Board and the contractor who employs the employee.

(5) The Board may, where it considers a registration officer who is an employee of a contractor is not performing the functions of a registration officer in a satisfactory manner, revoke the appointment of the officer. ]

Annotations:

Amendments:

F48

Substituted (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 10(3)(a) and (b), commenced on enactment.

F49

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 12, commenced on enactment.

F50

Substituted and inserted (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 5, commenced on enactment.

Editorial Notes:

E39

Previous affecting provision: subs. (3) substituted (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 10(3)(c); in turn substituted as per F-note above.

Evidence of the contents of registers.

42

F51 [ 42. (1) Every register shall be

( a ) deemed to be in the proper custody when in the custody of

(i) the Board or any officer of the Board authorised in that behalf by the Board, or

(ii) a contractor or any employee of the contractor authorised in that behalf by the contractor, and

( b ) admissible in evidence without further proof on production from the proper custody.

(2) Prima facie evidence of any entry in any register may be given in any court or in any legal proceedings by the production of a copy of such entry purporting to be certified to be a true copy by an officer of the Board authorised in that behalf by the Board or an employee of a contractor authorised in that behalf by the contractor and it shall not be necessary to prove the signature of such officer or employee or that he was in fact such officer or employee or was in fact so authorised.

(3) A certificate, purporting to be signed by an officer of the Board authorised in that behalf by the Board or an employee of a contractor authorised in that behalf by the contractor that any premises specified in such certificate are not entered in the register specified in such certificate shall be sufficient evidence until the contrary is shown of the matters so certified, and it shall not be necessary to prove the signature of such officer or employee, or that he was in fact such officer or employee, or was in fact so authorised. ]

F52 [ (4) Any person may

( a ) inspect any register on payment of such fee for each inspection as shall be prescribed;

( b ) obtain a copy, certified in manner hereinbefore mentioned to be a true copy, of any entry in any register on payment of such fee, for each folio of 72 words of the copy, as shall be prescribed;

( c ) obtain such certificate as is hereinbefore mentioned that any specified premises are not registered in a specified register on payment of such fee for each certificate as shall be prescribed. ]

Annotations:

Amendments:

F51

Substituted (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 6, commenced on enactment.

F52

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 5(2)(b), commenced on enactment.

Editorial Notes:

E40

Previous affecting provision: subs. (3) substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 5(2)(a), commenced on enactment; in turn substituted as per F-note above.

Display of charges.

43

43. (1) The Board may require the registered proprietor of registered premises to display in such places in the said premises as it thinks proper such and so many lists in easily legible form as it thinks proper of the charges for the time being current in respect of rooms, meals, or other services provided in the said premises.

(2) If the registered proprietor of registered premises fails to comply with a requirement under this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to F53 [ a fine not exceeding £ 100 together with, in the case of a continuing offence, a further fine (not exceeding £ 100 in all) not exceeding £ 10 for every day during which the offence is continued. ]

Annotations:

Amendments:

F53

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 13, commenced on enactment.

Editorial Notes:

E41

Previous affecting provision: subs. (1) modified by Board’s power to contract out certain functions (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 2 and sch; s. 2 repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

External signs.

44

44. (1) The Board may supply to the registered proprietor of registered premises a sign suitable for display on the outside of such premises and thereupon such registered proprietor shall keep such sign displayed in a prominent position outside and at or near the principal entrance to such premises.

(2) If the registered proprietor of registered premises to whom a sign has been supplied by the Board under this section fails to keep such sign displayed in a prominent position outside and at or near the principal entrance to such premises, such registered proprietor shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to F54 [ a fine not exceeding £ 100. ]

(3) Save with the consent in writing of the Board, it shall not be lawful for the registered proprietor of registered premises to display outside such premises any sign indicating the standard of such premises other than a sign supplied under this section by the Board

(4) If any person acts in contravention of the immediately preceding sub-section of this section, he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to F55 [ a fine not exceeding £ 100. ]

(5) A sign supplied under this section may be in such form and contain such information in regard to the premises to which it relates as the Board thinks proper.

Annotations:

Amendments:

F54

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 14, commenced on enactment.

F55

Substituted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 3 item 15, commenced on enactment.

Modifications (not altering text):

C38

Transfer of certain Board functions under subss. (1), (3) and (5) enabled (28.05.2003, establishment day) by National Tourism Development Authority Act 2003 (10/2003), s. 12(1)-(5) and sch. 2, subject to transitional provision in s. 38, effectively commenced by Establishment Day Order S.I. No. 204 of 2003. Sch. 2 refers to functions performable by contractor.

Agreements for performance of functions of Authority by persons other than Authority.

12.—(1) The Authority may enter into an agreement with another person (in this section referred to as a “contractor”) for the performance by that person of the functions of the Authority under the provisions specified in Schedule 2.

...

Editorial Notes:

E42

Previous affecting provision: subss. (1), (3) and (5) modified by Board’s power to contract out certain functions (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 2 and sch; s. 2 repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Annual list of registered premises.

45

45. (1) The Board shall publish or cause to be published at least once in every year a list of registered premises arranged so as to show separately premises registered in the register of hotels, premises registered in the register of guest houses, premises registered in the register of holiday hostels, premises registered in the register of youth hostels, F56 [ premises registered in the register of caravan sites and camping sites, ] F57 [ premises registered in the register of approved holiday cottages, ] F58 [ premises registered in the register of holiday apartments, ] F59 [ premises registered in the register of motor hotels ] and premises registered in the register of holiday camps.

(2) Notwithstanding anything contained in the immediately preceding sub-section, where the registered proprietor of any registered premises requests the Board to omit such premises from the list under this section in respect of any year, the Board may omit such premises from the said list if, having regard to all the circumstances of the case, it so thinks proper.

(3) A list under this section may include in respect of any premises mentioned in such list such information as the Board thinks proper in relation to the standard of such premises, the charges made therein, and any other matter of interest to tourists.

Annotations:

Amendments:

F56

Inserted (8.02.1966) by Tourist Traffic Act 1966 (3/1966), s. 2(1)(f), commenced on enactment.

F57

Inserted (5.08.1970) by Tourist Traffic Act 1970 (16/1970), s. 6(e), commenced on enactment.

F58

Inserted (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 7(3), commenced on enactment.

F59

Inserted (17.12.1957) by Tourist Traffic Act 1957 (27/1957), s. 5(1)(iv), commenced on enactment.

Modifications (not altering text):

C39

Transfer of certain Board functions under section enabled (28.05.2003, establishment day) by National Tourism Development Authority Act 2003 (10/2003), s. 12(1)-(5) and sch. 2, subject to transitional provision in s. 38, effectively commenced by Establishment Day Order S.I. No. 204 of 2003. Sch. 2 refers to functions performable by contractor.

Agreements for performance of functions of Authority by persons other than Authority.

12.—(1) The Authority may enter into an agreement with another person (in this section referred to as a “contractor”) for the performance by that person of the functions of the Authority under the provisions specified in Schedule 2.

...

Editorial Notes:

E43

Previous affecting provision: section modified by Board’s power to contract out certain functions (5.07.1995) by Tourist Traffic Act 1995 (13/1995), s. 2 and sch; s. 2 repealed (28.05.2003) by National Tourism Development Authority Act 2003 (10/2003), s. 5 and sch. 1, S.I. No. 205 of 2003.

Service of notices.

46

46. (1) Where a notice is required by this Part of this Act to be served on any applicant for registration or renewal of registration, the notice shall be served in one of the following ways, that is to say:—

( a) by delivering the notice to the applicant,

( b) by delivering the notice to any person, of no less than sixteen years of age, who is in the employment of the applicant, and

( c) by sending the notice by post in a prepaid letter addressed, in the case of an applicant for registration, at the address where he carries on business or at his last known place of abode or, in the case of an applicant for renewal of registration, at the premises in respect of which his application is made.

(2) For the purposes of this section a body corporate registered within the State under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office, and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business within the State.

Offences.

47

47. (1) Any offence under any section of this Part of this Act may be prosecuted by, or at the suit of, the Board as prosecutor.

(2) Where an offence under any section of this Act was committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary, or other officer of such body corporate, such director, manager, secretary, or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly.

Annotations:

Modifications (not altering text):

C40

Application of section extended (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 8(2), commenced on enactment.

Display of certain information.

8.— (1) A registered proprietor shall display in the interior of the registered premises in respect of which he is the registered proprietor such information as may be required in writing from time to time by the Board to be so displayed, and such display shall be made in the manner or place so required.

(2) A registered proprietor who does not comply with a requirement under this section shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding £100, and section 47 of the Principal Act shall apply to such offence as if it were an offence under Part III of that Act.

(3) In this section “registered proprietor” and “registered premises” have the same meanings as in Part III of the Principal Act.

PART IV.

Establishment of Special Areas.

Areas to which this Part of this Act applies.

48

48.The Minister may by order, if he so thinks proper on the application of the Board, declare that any area shall be an area to which this Part of this Act applies.

Conferring of powers on the Board in respect of areas to which this Part of this Act applies.

49

49. (1) Whenever the Minister by order declares that an area shall be an area to which this Part of this Act applies, he may from time to time, if he so thinks proper on the application of the Board, by order do all or any of the following things, that is to say:—

( a) authorise the Board to keep, in respect of such area, such registers as the Minister shall think proper and shall specify in such order of all or any of the following, that is to say:—

(i) boarding houses and other forms of residential accommodation,

(ii) camping sites,

(iii) restaurants, cafés, and similar establishments,

(iv) cinemas, theatres, sports grounds, band promenades, premises in which games or entertainment are provided for the public, and similar places of public entertainment, and

(v) local transport services;

( b) apply in relation to any register so authorised to be kept by the Board such of the provisions of Part III of this Act as he thinks proper and so apply such provisions either with or without modification;

( c) confer on the Board such powers as he thinks proper for the preservation of the amenities of such area;

( d) confer on the Board such powers as he thinks proper in relation to the provision and control (including licensing) of guides, beach guards, and attendants at parking places in such area;

( e) make such provisions (including provisions creating offences and providing for the prosecution and punishment of offenders) ancillary to or consequential upon the keeping of any register so authorised to be kept by the Board or the exercise of any power so conferred on the Board.

(2) Whenever the Minister confers by order under this section powers on the Board for the preservation of the amenities of an area to which this Part of this Act applies and the said area or any part thereof is or is part of the area to which a planning scheme under the Town and Regional Planning Act, 1934 (No. 22 of 1934) relates, the Minister shall have regard to the provisions of such planning scheme.

Amendment and revocation of orders under this Part of this Act.

50

50.The Minister may by order amend or revoke any order (including an order under this section) made by him under this Part of this Act.

Laying of orders under this Part of this Act before Houses of the Oireachtas.

51

51.Every order under this Part of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which such House has sat after such order is laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

PART V.

Amendment of the Tourist Traffic (Development) Act, 1931.

52

52. (1) Section 3 of the Tourist Traffic (Development) Act, 1931 (No. 15 of 1931), shall be construed and have effect as if—

(i) for the purposes of the application of sub-section (3) thereof to a council of a county borough, the reference in paragraph ( a) of the said sub-section (3) to a rate of one penny in the pound on the rateable value of such county borough were a reference to a rate of threepence in the pound on the said rateable value, and

(ii) the reference in sub-section (8) thereof to the Minister were a reference to the Irish Tourist Board.

(2) The Minister may, on the application of any statutory body, by order declare that such body shall be a local authority for the purposes of the Tourist Traffic (Development) Act, 1931, and thereupon such body shall be a local authority for the purposes of the said Act and the said Act shall apply and have effect accordingly.

Annotations:

Editorial Notes:

E44

Tourist Traffic (Development) Act 1931 repealed with savings by Local Government Act 1994 (8/1994), s. 4 and sch. 1, not commenced as of date of revision.