S.I. No. 160/1989 - Tour Operators (Licensing) (Amendment) Regulations, 1989.

S.I. No. 160 of 1989.

TOUR OPERATORS (LICENSING) (AMENDMENT) REGULATIONS, 1989.

I, JOHN P. WILSON, Minister for Tourism and Transport, in exercise of the powers conferred on me by Sections 7 and 25 of the Transport (Tour Operators and Travel Agents) Act, 1982 (No. 3 of 1982) and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ) hereby make the following Regulations:

1. (1) These Regulations may be cited as the Tour Operators (Licensing) (Amendment) Regulations, 1989.

(2) The Tour Operators (Licensing) Regulations, 1983 to 1988, and these Regulations may be cited together as the Tour Operators (Licensing) Regulations, 1983 to 1989, and shall be construed together.

2. In these Regulations, "the Regulations of 1983" means the Tour Operators (Licensing) Regulations, 1983 ( S.I. No. 100 of 1983 ).

3. These Regulations shall come into operation on the 1st day of November, 1989.

4. ( a ) Copies of all licences held by the licensee together with any conditions attached thereto shall be displayed for the information of the public in a prominent position on all premises owned or occupied by the licensee and in which he carries on business.

( b ) The licensee shall publish in a prominent position in all brochures and publicity material issued in connection with his business a statement that he is licensed by the Minister and shall also quote the licence number which appears on his licence.

(c) Paragraph 14 of the Regulations of 1983 is hereby revoked.

5. The Regulations of 1983 are hereby amended by the substitution for the Second Schedule, of the Schedule to these Regulations.

SCHEDULE

TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982 TOUR OPERATOR'S LICENCE NO. T. O.

hereinafter referred to as the licensee is hereby licensed by the Minister for Tourism and Transport to carry on business as a tour operator subject to the conditions set forth herein.

GENERAL CONDITIONS

1. This licence shall come into effect on ............................................................ ...... and shall continue in force up to and including ............................................................ .........

2. This licence is non-transferable.

3. ( a ) The Minister shall be advised immediately of the demise, removal or resignation of any director, shareholder or partner of the licensee.

( b ) Proposals for the appointment of additional directors or for changes in the directors of a company holding a licence or proposals for changes in the distribution of shares, or in the effective ownership or control of such company or of any partnership, or unincorporated body holding a licence shall be notified to the Minister, either before, or after, but not later than seven days after, such changes become effective.

( c ) Changes in the shareholders of a company shall be notified to the Minister either before, or after, but not later than seven days after, such changes have become effective.

4. The licensee shall notify the Minister of any new mortgages, liens, charges or other encumbrances made on the licensee during the period of validity of the licence.

5. The licensee shall comply with the provisions of the Transport (Tour Operators and Travel Agents) Act, 1982 (No. 3 of 1982), and of all Orders or Regulations made thereunder.

6. The licensee shall ensure that contributions to the Travellers' Protection Fund are lodged with the Minister not later than the date provided for in Regulations made under the said Act.

7. The licensee shall not dispose of any capacity on a sub-contract basis except to another licensed tour operator.

8. Copies of this licence and the conditions attached thereto shall be displayed for the information of the public in a prominent position on all premises owned or occupied by the licensee and in which he carries on business.

9. The licensee shall publish in a prominent position in all brochures and publicity material issued in connection with his business a statement that he is licensed by the Minister and shall also quote the licence number which appears on his licence.

10. The licensee shall maintain the following books, accounts and records in his principal place of business and shall make available copies or extracts on request to, and shall facilitate the entry and inspection of all such records and documentation by authorised officers of the Minister pursuant to section 11 of the Act:—

( a ) accounts, duly audited and certified, covering a twelve month accounting period ending on a date not earlier than 12 months before the date of application;

( b ) a record, which may be in ledger, computer or other form, of all daily receipts and expenditures, including all monies placed on deposit;

( c ) a full record of all bank lodgements and a regular and a proper bank reconciliation;

( d ) copies of all contracts entered into by the licensee relevant to the business of the licensee and valid for the period of the licence.

11. A breach of any of the conditions set out herein may result in the revocation of this licence.

SPECIAL CONDITIONS

GIVEN under my Official Seal, this 28th day of June, 1989.

JOHN P. WILSON,

Minister for Tourism and

Transport.

EXPLANATORY NOTE.

These Regulations provide for the removal of the requirement for a tour operator to reproduce a copy of his licence in his brochures and publicity material and substitution in its place of a requirement that he publish in such brochures, etc. a statement confirming that he is licensed and quoting his licence number. These Regulations also provide for technical amendments to the form of the tour operator's licence.