TOURIST TRAFFIC ACT, 1995

AN ACT TO ENABLE BORD FÁILTE ÉIREANN TO EXERCISE ITS POWERS AND PERFORM ANY OF ITS FUNCTIONS UNDER THE TOURIST TRAFFIC ACTS, 1939 TO 1987, IN RELATION TO REGISTRATION AND GRADING OF TOURIST ACCOMMODATION AND UNDER THE INTOXICATING LIQUOR ACT, 1988, IN RELATION TO SPECIAL RESTAURANT LICENCES BY OR THROUGH CONTRACTORS AND TO AUTHORISE THE INCREASE OF GRANTS TO BORD FÁILTE ÉIREANN FOR TOURISM DEVELOPMENT AND TO PROVIDE FOR CONNECTED MATTERS. [5th July, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1. Definitions.

1.—In this Act—

“the Board” means Bord Fáilte Éireann;

“contractor” has the meaning assigned to it by section 2 (1) of this Act;

“the Minister” means the Minister for Tourism and Trade;

“the Principal Act” means the Tourist Traffic Act, 1939.

2. Power of Board to contract out its inspection and associated functions.

2.—F1[…]

3. Regulations.

3.—F2[…]

4. Termination of contracts.

4.—F3[…]

5. “Registration officer”.

5.—Section 41 of the Principal Act is hereby amended by the substitution for subsection (3) (inserted by section 10 (3) (c) of the Tourist Traffic Act, 1957) of the following subsections:

• “(3) In this section ‘registration officer’ means—

  • (a) an officer of the Board appointed in writing by the Board, or

  • (b) an employee of a contractor appointed in writing by the contractor,

  to be a registration officer for the purposes of this section.

• (4) A registration officer who is an employee of a contractor shall cease to be a registration officer upon the termination of any contract made between the Board and the contractor who employs the employee.

• (5) The Board may, where it considers a registration officer who is an employee of a contractor is not performing the functions of a registration officer in a satisfactory manner, revoke the appointment of the officer.”.

6. Evidence of contents of registers.

6.—Section 42 of the Principal Act is hereby amended by the substitution for subsections (1) to (3) of the following subsections:

“42.—(1) Every register shall be—

• (a) deemed to be in the proper custody when in the custody of—

  • (i) the Board or any officer of the Board authorised in that behalf by the Board, or

  • (ii) a contractor or any employee of the contractor authorised in that behalf by the contractor, and

• (b) admissible in evidence without further proof on production from the proper custody.

• (2) Prima facie evidence of any entry in any register may be given in any court or in any legal proceedings by the production of a copy of such entry purporting to be certified to be a true copy by an officer of the Board authorised in that behalf by the Board or an employee of a contractor authorised in that behalf by the contractor and it shall not be necessary to prove the signature of such officer or employee or that he was in fact such officer or employee or was in fact so authorised.

• (3) A certificate, purporting to be signed by an officer of the Board authorised in that behalf by the Board or an employee of a contractor authorised in that behalf by the contractor that any premises specified in such certificate are not entered in the register specified in such certificate shall be sufficient evidence until the contrary is shown of the matters so certified, and it shall not be necessary to prove the signature of such officer or employee, or that he was in fact such officer or employee, or was in fact so authorised.”.

7. “Contractor”.

7.—Section 2 of the Principal Act is hereby amended by the insertion after the definition of “the Board” of the following definition:

“‘contractor’ has the meaning assigned to it by the Tourist Traffic Act, 1995;”.

8. Opinion of Board.

8.—F4[…]

9. Increase of non-repayable grants to Board for tourism development.

9.—F5[…]

10. Short title and collective citation.

10.—(1) This Act may be cited as the Tourist Traffic Act, 1995.

• (2) The Tourist Traffic Acts, 1939 to 1987, and this Act may be cited together as the Tourist Traffic Acts, 1939 to 1995.

SCHEDULE

Section 2 (1).