Auctioneers and House Agents Act, 1947

PART II.

Licences and Auction Permits.

Restrictions on acting as auctioneer.

6.—(1) Subject to subsection (2) of this section—

(a) no person shall, on or after the operative date, carry on or hold himself out or represent himself as carrying on the business of auctioneer except under and in accordance with a licence under section 8 of this Act,

(b) no person shall, on or after the operative date, conduct an auction except under and in accordance with a licence under section 8, or a permit under section 9 , of this Act.

(2) Subsection (1) of this section does not apply to—

(a) an auction conducted by an officer of customs and excise by direction of the Revenue Commissioners,

(b) an auction conducted by, or by an officer of, a sheriff, under-sheriff, or county registrar,

(c) an auction conducted by a collector of income tax or his deputy under the Income Tax Acts,

(d) an auction, under any enactment relating to distress in respect of rates, conducted by a rate collector,

(e) an auction conducted under a power of sale conferred by paragraph 8 of section 19 of the Summary Jurisdiction (Ireland) Act, 1851 , or section 71 of the Towns Improvement (Ireland) Act, 1854 ,

(f) an auction of wreck conducted by a receiver of wreck under a power of sale conferred on him by Part IX of the Merchant Shipping Act, 1894 ,

(g) an auction of fresh fish,

(h) an auction of State property conducted by an officer of the State,

(i) an auction conducted by a person authorised by or under any enactment to do so without being licensed,

(j) an auction by any person of goods belonging solely to that person.

(3) A person who, in contravention of this section carries on or holds himself out or represents himself as carrying on the business of auctioneer or conducts an auction shall be guilty of an offence under this section and shall be liable on summary conviction thereof to an excise penalty of one hundred pounds.