Tourist Traffic Act 1939

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.