Tourist Traffic Act 1939

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.