Tourist Traffic Act 1939

Number 24 of 1939

TOURIST TRAFFIC ACT 1939

REVISED

Updated to 1 June 2025

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 Finance (Provision of Access to Cash Infrastructure) Act 2025 (4/2025), enacted 20 May 2025, and all statutory instruments up to and including the Agriculture, Food and the Marine (Delegation of Ministerial Functions) Order 2025 (S.I. No. 244 of 2025), made 4 June 2025, 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 1 June 2025


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. (Repealed)

5.

Disqualification of members of Board from being members of the Oireachtas. (Repealed)

6.

Common seal of the Board. (Repealed)

7.

Removal of members of the Board. (Repealed)

8.

Resignation and disqualification of members of the Board. (Repealed)

9.

Meetings and procedure of the Board. (Repealed)

10.

Accounts and audits. (Repeaed)

11.

Officers and servants of the Board. (Repealed)

12.

Exercise of functions of Board through its officers. (Repealed)

13.

Disclosure of interest in contract. (Repealed)

14.

General powers of the Board. (Repealed)

15.

Non-repayable grant to the Board. (Repealed)

16.

Repayable advances to the Board. (Repealed)

17.

Payment of interest on repayable advances. (Repealed)

18.

Repayment of repayable advances. (Repealed)

19.

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

20.

Regulations.

21.

Furnishing of information by the Board to the Minister. (Repealed)

22.

Annual report, statistics and returns. (Repealed)

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.

Misrepresentation of unregistered premises.

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 1 June 2025


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):

C1

Functions transferred and references to Minister for and Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media construed as Enterprise, Trade and Employment (1.06.2025) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 2025 (S.I. No. 174 of 2025), arts. 2 and 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

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 Enterprise, Trade and Employment

(2) References to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or any instrument made under an 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 Enterprise, Trade and Employment.

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

(a) Tourist Traffic Act 1939 (No. 24 of 1939),

(b) National Tourism Development Authority Act 2003 (No. 10 of 2003), and

...

are transferred to the Minister for Enterprise, Trade and Employment.

...

The history of the Ministers concerned with the collectively cited Tourist Traffic Acts can be traced as follows:

• Functions transferred and references to Minister for Industry and Commerce construed as Transport and Power (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);

• Functions transferred and references to Minister for Transport and Power construed as Tourism and Transport(23.09.1977) by Transport and Power (Alteration of Name of Department and Title of Minister) Order 1977 (S.I. No. 305 of 1977), in effect as per art. 1(2);

• Functions transferred and references to Minister for Tourism and Transport construed as Industry, Commerce and Tourism (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);

• Name of Minister for Industry, Commerce and Tourism changed to Trade, Commerce and Tourism (21.08.1981) by Industry, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order 1981 (S.I. No. 290 of 1981), in effect as per art. 1(2);

• Name of Minister for Trade, Commerce and Tourism changed to Industry, Trade, Commerce and Tourism (17.12.1983) by Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order 1983 (S.I. No. 384 of 1983), in effect as per art. 1(2);

• Functions transferred and references to Minister for Industry, Trade, Commerce and Tourism construed as Fisheries and Forestry (18.02.1986) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1986 (S.I. No. 42 of 1986), in effect as per art. 1(2);

• Name of Minister for Fisheries and Forestry changed to Tourism, Fisheries and Forestry (19.02.1986) by Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order 1986 (S.I. No. 40 of 1986), in effect as per art. 1(2);

• Name of Minister for Tourism, Fisheries and Forestry changed to the Marine (19.03.1987) by Tourism, Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order 1987 (S.I. No. 82 of 1987), in effect as per art. 1(2);

• Functions transferred and references to Minister for the Marine construed as Tourism and Transport (31.03.1987) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 95 of 1987), in effect as per art. 1(2);

• Name of Minister for Tourism and Transport changed to Tourism, Transport and Communications (7.02.1991) by Tourism and Transport (Alteration of Name of Department and Title of Minister) Order 1991 (S.I. No. 25 of 1991), in effect as per art. 1(2);

• Functions transferred and references to Minister for Tourism, Transport and Communications construed as Energy (20.01.1993) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 15 of 1993;

• Name of Minister for Energy changed to Tourism and Trade (20.01.1993) by Energy (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 16 of 1993), in effect as per art. 1(2);

• Name of Minister for Tourism and Trade changed to Tourism, Sport and Recreation (12.07.1997) by Tourism and Trade (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 304 of 1997), in effect as per art. 1(2);

• Name of Minister for Tourism, Sport and Recreation changed to Arts, Sport and Tourism (19.06.2002) by Tourism, Sport and Recreation (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 309 of 2002), in effect as per art. 1(2);

• Name of Minister for Arts, Sport and Tourism changed to Tourism, Culture and Sport (2.05.2010) by Arts, Sport and Tourism (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 178 of 2010), in effect as per art. 1(2);

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

• Name of Minister for Transport changed to Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011), in effect as per art. 2(1);

• Functions transferred and references Minister for Transport, Tourism and Sport construed as Culture, Heritage and the Gaeltacht (16.09.2020) by Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 356 of 2020), in effect as per art. 1(2;

• Name of Minister for Culture, Heritage and the Gaeltacht changed 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);

• Functions transferred and references to Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media construed as Enterprise, Trade and Employment (1.06.2025) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 2025 (S.I. No. 174 of 2025), in effect as per art. 1(2).