Tourist Traffic Act , 1939

PART I. Preliminary and General.

1. Short title.

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

2. Definitions.

2.—In this Act—

F1["contractor" has the meaning assigned to it bysection 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.

3. Expenses.

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.

4. Constitution of the Irish Tourist Board.

4.—F2[…]

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

5.—F3[…]

6. Common seal of the Board.

6.—F4[…]

7. Removal of members of the Board.

7.—F5[…]

8. Resignation and disqualification of members of the Board.

8.—F6[…]

9. Meetings and procedure of the Board.

9.—

10. Accounts and audits.

10.—F8[…]

11. Officers and servants of the Board.

11.—F9[…]

12. Exercise of functions of Board through its officers.

12.—F10[…]

13. Disclosure of interest in contract.

13.—F11[…]

14. General powers of the Board.

14.—F12[…]

15. Non-repayable grant to the Board.

15.—F13[…]

16. Repayable advances to the Board.

16.—F14[…]

17. Payment of interest on repayable advances.

17.—F15[…]

18. Repayment of repayable advances.

18.—F16[…]

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

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.

20. Regulations.

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.

21. Furnishing of information by the Board to the Minister.

21.—F17[…]

22. Annual report, statistics and returns.

22.—F18[…]

PART III. Registration of Premises.

23. Definitions for the purposes of Part III.

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.

24. The registers and their contents.

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.

25. Eligibility for registration in the respective registers.

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.]

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.]

26. Applications for registration.

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.

27. Registration of premises.

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.

28. Duration of registration.

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.

29. Applications for renewal of registration.

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.

30. Renewal of registration.

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.