Tourist Traffic Act 1939

Number 24 of 1939

TOURIST TRAFFIC ACT 1939

REVISED

Updated to 16 September 2020

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 the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 (14/2020), enacted 11 September 2020, and all statutory instruments up to and including the Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 356 of 2020), made 15 September 2020, 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 16 September 2020

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Acts previously included in the group but now repealed are: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 Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 (14/2020), enacted 11 September 2020, 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 2020 (S.I. No. 356 of 2020)

• 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 Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 356 of 2020), made 15 September 2020, were considered in the preparation of this revision.

Number 24 of 1939

TOURIST TRAFFIC ACT 1939

REVISED

Updated to 16 September 2020

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.

Acts Referred to
Local Authorities (Officers and Employees) Act, 1926	No. 39 of 1926
Town and Regional Planning Act, 1934	No. 22 of 1934
Tourist Traffic (Development) Act, 1931	No. 15 of 1931

Number 24 of 1939

TOURIST TRAFFIC ACT 1939

REVISED

Updated to 16 September 2020

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. [27th July, 1939.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text):

Functions transferred and references to “Department of Transport, Tourism and Sport” and “Minister for Transport, Tourism and Sport” in collectively cited Tourist Traffic Acts construed (16.09.2020) by Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 356 of 2020), arts. 2 and 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and Minister to Tourism, Culture, Arts, Gaeltacht, Sport and Media (30.09 2020) by Culture, Heritage and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 403 of 2020), 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 Culture, Heritage and the Gaeltacht.

(2) References to the Department of Transport, Tourism 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 construed as references to the Department of Culture, Heritage and the Gaeltacht.

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

(a) the Tourist Traffic Acts 1939 to 2016,

...

are transferred to the Minister for Culture, Heritage and the Gaeltacht.

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

Editorial Notes:

Previous affecting provision: 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); superseded as per C-note above.

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.

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.

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.

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.

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.

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Tourist Traffic Act 1939