Tourist Traffic Act, 1955

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Number 5 of 1955.

TOURIST TRAFFIC ACT, 1955.

ARRANGEMENT OF SECTIONS

Part I

PRELIMINARY AND GENERAL

Part II

BORD FÁILTE ÉIREANN

Part III

DISSOLUTION OF FÓGRA FÁILTE

Number 5 of 1955.

TOURIST TRAFFIC ACT, 1955.

AN ACT TO DISSOLVE FÓGRA FÁILTE AND TRANSFER ITS FUNCTIONS TO AN BORD FÁILTE AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH. [21st March, 1955.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and collective citation.

1.—(1) This Act may be cited as the Tourist Traffic Act, 1955.

(2) The Tourist Traffic Acts, 1939 and 1952, and this Act may be cited together as the Tourist Traffic Acts, 1939 to 1955.

Commencement.

2.—This Act shall come into operation on such day as the Minister shall by order appoint.

Construction.

3.—(1) In this Act—

“the Act of 1952” means the Tourist Traffic Act, 1952 (No. 15 of 1952);

“the Board” means Bord Fáilte Éireann;

“the Minister” means the Minister for Industry and Commerce.

(2) The Tourist Traffic Acts, 1939 and 1952, and this Act shall be construed as one.

Repeals.

4.—(1) The following provisions of the Act of 1952 are hereby repealed—sections 4, 10, Part V and the Schedule.

(2) The repeal of the Schedule shall not affect the rights of any person under paragraph 5 thereof (which relates to the superannuation of full-time members of Fógra Fáilte) or under a scheme made under that paragraph.

PART II.

Bord Fáilte Éireann.

Name of Board.

5.—The Board heretofore known as An Bord Fáilte shall be known as Bord Fáilte Éireann.

Additional functions.

6.—The Board shall have the following additional functions—

(a) to engage in any kind of publicity, both inside and outside the State, in connection with tourist traffic, including the advertising of the advantages and amenities of places in the State as holiday resorts;

(b) to prepare and publish guide books, itineraries, time-tables and other publications for the information of tourists;

(c) to establish, equip and operate or assist in the operation of tourist information bureaux, or any similar form of agency in connection with tourist publicity, both inside and outside the State;

(d) to co-operate with other bodies in connection with tourist publicity.

Non-repayable grant.

7.—(1) In each financial year the Minister, with the consent of the Minister for Finance, may pay to the Board out of moneys provided by the Oireachtas such sums, not exceeding in the aggregate five hundred thousand pounds in any one financial year, as the Board shall from time to time require.

(2) Sums paid under this section shall not be repayable.

Grants from other sources.

8.—(1) The Board may accept grants of money from an approved company under the Tourist Traffic (Development) Act, 1931 (No. 15 of 1931), or from any other source.

(2) The Board shall notify the Minister of every grant received under this section and shall utilise such grants for the purposes of its functions under this Part.

Amendment of Tourist Traffic (Development) Act, 1931.

9.—Subsection (8) of section 3 of the Tourist Traffic (Development) Act, 1931 (No. 15 of 1931), is hereby amended by the substitution of a reference to the Board for the reference to Fógra Fáilte (inserted therein by section 37 of the Act of 1952).

PART III.

Dissolution of Fógra Fáilte.

Dissolution of Fógra Fáilte.

10.—Fógra Fáilte is hereby dissolved.

Transfer of property.

11.—(1) All property whether real or personal (including choses-in-action) which was vested in, or belonged to or was held in trust for Fógra Fáilte and all rights, powers and privileges relating to or connected with any such property shall, without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company or authority, become and be vested in or the property of or held in trust for (as the case may require) the Board for the same estate, trust or interest.

(2) All property transferred by this section which is standing in the books of any bank or registered in the books of any bank, corporation, company or authority shall, upon the request of the Board, be transferred in such books by such bank, corporation, company or authority into the name of the Board.

(3) Every chose-in-action transferred by this section to the Board may be sued upon, recovered or enforced by the Board in its own name and it shall not be necessary for the Board to give notice to the person bound by such chose-in-action of the transfer effected by this section.

Transfer of liabilities.

12.—Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) of Fógra Fáilte shall become the debt or liability of the Board.

Preservation of continuing contracts.

13.—Every bond, guarantee, mortgage or other security of a continuing nature made or given by Fógra Fáilte to any person, or by any person to that body, and every contract or agreement in writing made between that body and another person and not fully executed and completed shall continue in force and shall be construed as if the name of the Board were substituted therein for that body.

Continuance of pending legal proceedings.

14.—In every action, suit or proceedings pending in any court or tribunal to which Fógra Fáilte is a party, the Board shall become and be a party in the place of that body and such proceedings shall be continued between the Board and the other parties thereto accordingly.

Exemption from stamp duty.

15.— Section 12 of the Finance Act, 1895 , shall not apply to the vesting of property in the Board by this Act.

Transfer of staff.

16.—Persons who, immediately before the dissolution of Fógra Fáilte, were employed by that body shall become members of the staff of the Board subject to the same conditions as to tenure of office, remuneration and otherwise as those subject to which they were so employed.