No. 31/1983:

TOURIST TRAFFIC ACT, 1983

Section.

ARRANGEMENT OF SECTIONS

1. Interpretation.

2. Increase of certain non-repayable grants to Board.

3. Increase of penalties.

4. Prohibition by Circuit Court of unauthorised use of titles protected by Tourist Traffic Acts, 1939 to 1983.

5. Prescription of fees.

6. Provision of certain services and training by the Board.

7. Register of holiday apartments.

8. Display of certain information.

9. Superannuation of members and staff of the Board.

10. Amendment of section 8 of Principal Act.

11. Amendment of section 11 of Principal Act.

12. Repeals.

13. Short title and collective citation.

ACTS REFERRED TO

Number 31 of 1983

TOURIST TRAFFIC ACT, 1983

AN ACT TO AMEND AND EXTEND THE TOURIST TRAFFIC ACTS, 1939 TO 1979.

[15th November, 1983]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—(1) In this Act—

"the Board" means Bord Fáilte Éireann;

"the Minister" means the Minister for Trade, Commerce and Tourism;

"the Principal Act" means the Tourist Traffic Act, 1939 .

(2) For the purposes of the Tourist Traffic Acts, 1939 to 1983, "holiday apartment" shall include a tourist apartment, an apartotel and a holiday flat.

2.—(1) The aggregate amount of the sums that the Minister may pay to the Board for the purpose of the giving of grants by the Board for the development of holiday accommodation shall not exceed £30,000,000 and, accordingly, section 2 (1) (b) of the Tourist Traffic Act, 1959 , is hereby amended by the substitution of "£30,000,000" for the sum specified therein.

(2) The aggregate amount of the sums that the Minister may pay to the Board for the purpose of the giving of grants by the Board for development works of the kind mentioned in section 2 (1) of the Tourist Traffic Act, 1975 , shall not exceed £14,000,000 and, accordingly, section 2 (1) of that Act is hereby amended by the substitution of "£14,000,000" for the sum specified therein.

3.—A person convicted of an offence for which a penalty is provided in any provision specified in column (2) of the Table to this section at any reference number of an Act specified in column (3) of that Table at that reference number shall, in lieu of the penalty so provided, be liable to the penalty specified in column (4) of that Table at that reference number.

TABLE

4.—(1) Where a person is acting in contravention of section 33, 34, 35, 36, 37, 37A, 37B, 37C or 37D of the Principal Act (as amended), the Court may, on the application of the Board, by order prohibit the continuance of the contravention.

(2) An application to the Court for an order under this section shall be by motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate.

(3) The order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(4) An application under this section shall be made to the judge of the circuit where the premises the subject of the application are situated.

(5) In this section "the Court" means the Circuit Court.

5.—(1) Subsection (2) of section 26 of the Principal Act is hereby amended by the deletion of "not exceeding two pounds" in paragraph (c), and that subsection, as amended by this section, is set out in the Table to this subsection.

TABLE

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 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.

(2) Section 42 of the Principal Act is hereby amended—

( a ) by the substitution of the following subsection for subsection 3 (3):

"(3) A certificate, purporting to be signed by an officer of the Board authorised in that behalf by the Board, 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 that he was in fact such officer, or was in fact so authorised.".

and

( b ) by the substitution of the following subsection for subsection (4):

"(4) Any person may—

( a ) inspect any register on payment of such fee for each inspection as shall be prescribed:

( b ) obtain a copy, certified in manner hereinbefore mentioned to be a true copy, of any entry in any register on payment of such fee, for each folio of 72 words of the copy, as shall be prescribed;

( c ) obtain such certificate as is hereinbefore mentioned that any specified premises are not registered in a specified register on payment of such fee for each certificate as shall be prescribed.".

6.—The Board may, alone or with other persons, provide (whether for reward or otherwise) in or outside the State

( a ) consultancy services in relation to tourism,

( b ) advisory services in relation to tourism, and

( c ) training for persons in relation to tourism,

and shall have all such powers as may be necessary for those purposes.

7.—(1) Section 24 (1) of the Principal Act is hereby amended by the insertion after paragraph (h) (inserted by the Act of 1970) of the following paragraph:

"( i ) a register to be called and known (and referred to in this Act) as the register of holiday apartments.",

and that section, as so amended, is set out in the Table to this subsection.

TABLE

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;

( f ) a register to be called and known and in this Act referred to as the register of motor hotels;

( g ) a register to be called and known and in this Act referred to as the register of caravan sites and camping sites;

( h ) a register to be called and known and in this Act referred to as the register of approved holiday cottages;

( i ) a register to be called and known (and referred to in this Act) as the register of holiday apartments.

(2) Section 25 of the Principal Act is hereby amended by the insertion after paragraph (h) (inserted by the Act of 1970) of the following paragraph:

"( 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.",

and that section, as so amended, is set out in the Table to this subsection.

TABLE

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;

( 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;

( 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;

( 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;

( 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.

(3) Section 45 (1) of the Principal Act is hereby amended by the insertion after "premises registered in the register of approved holiday cottages" (inserted by the Act of 1970) of "premises registered in the register of holiday apartments" and that section, as so amended, is set out in the Table to this subsection.

TABLE

The Board shall publish or cause to be published at least once in every year a list of registered premises arranged so as to show separately premises registered in the register of hotels, premises registered in the register of guest houses, premises registered in the register of holiday hostels, premises registered in the register of youth hostels, premises registered in the register of caravan sites and camping sites, premises registered in the register of approved holiday cottages, premises registered in the register of holiday apartments, premises registered in the register of motor hotels and premises registered in the register of holiday camps.

(4) The Principal Act is hereby amended by the insertion of the following section after section 37C (inserted by the Act of 1970):

"37D. (1) It shall not be lawful for the proprietor or occupier of any premises to describe or hold out or permit any person to describe or hold out such premises as a holiday apartment, tourist apartment, apartotel or holiday flat, or as being of any other description prescribed for the purposes of this section, unless the premises are registered in the register of holiday apartments and such proprietor or occupier is registered in that register as the registered proprietor of such premises.

(2) Any person who acts in contravention of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 together with, in the case of a continuing offence, a further fine (not exceeding £300 in all) not exceeding £20 for every day during which the offence is continued.

(3) This section shall come into operation on such day as may be appointed in that behalf by order of the Minister.".

(5) Section 5 (2) (a) of the Tourist Traffic Act, 1952 , is hereby amended by the insertion after "approved holiday cottages," (inserted by the Act of 1970) of "holiday apartments,".

(6) In this section "the Act of 1970" means the Tourist Traffic Act, 1970 .

8.—(1) A registered proprietor shall display in the interior of the registered premises in respect of which he is the registered proprietor such information as may be required in writing from time to time by the Board to be so displayed, and such display shall be made in the manner or place so required.

(2) A registered proprietor who does not comply with a requirement under this section shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding £100, and section 47 of the Principal Act shall apply to such offence as if it were an offence under Part III of that Act.

(3) In this section "registered proprietor" and "registered premises" have the same meanings as in Part III of the Principal Act.

9.—(1) A scheme made under section 14 of the Act of 1952 may provide for the granting of death gratuities and other allowances in respect of members of the Board and for the granting of pensions to spouses and children of such members.

(2) A scheme submitted under section 15 of the Act of 1952 may provide for the granting of death gratuities and other allowances in respect of the permanent staff of the Board and for the granting of pensions to spouses and children of such staff, and any scheme or schemes in operation immediately before the passing of this Act providing for the payment of death gratuities, or of pensions to spouses and children of such staff shall be deemed to be valid and lawful and to be a scheme or schemes under the said section 15.

(3) In this section "the Act of 1952" means the Tourist Traffic Act, 1952 .

10.—Section 8 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

"(2) If and whenever a member of the Board is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude, he shall be disqualified from holding and shall cease to hold office as a member of the Board.".

11.—Section 11 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

"(2) The officers (including the chief officer) and servants of the Board shall be paid such remuneration and allowances, and shall hold their employment on such terms and conditions, as the Board shall determine with the approval of the Minister given with the consent of the Minister for the Public Service.".

12.— Sections 4 and 5 of the Tourist Traffic Act, 1975 , are here repealed.

13.—(1) This Act may be cited as the Tourist Traffic Act, 1983 .

(2) The Tourist Traffic Acts, 1939 to 1979, and this Act may be cited together as the Tourist Traffic Acts, 1939 to 1983