Tourist Traffic Act, 1995

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Number 13 of 1995

TOURIST TRAFFIC ACT, 1995

ARRANGEMENT OF SECTIONS

SCHEDULE

Number 13 of 1995

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:

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 .

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

2.—(1) The Board may exercise any of its powers and perform any of its functions under each provision mentioned in column (2) of the Schedule to this Act of the enactment mentioned in column (1) of the said Schedule opposite the mention of the provision in the said column (2) through or by another person (“a contractor”) and may, accordingly, subject to section 3 of this Act, enter into a contract with such a contractor upon such terms and conditions as the Board sees fit.

(2) Where a contractor or an employee of a contractor exercises any power or performs any function in relation to any of the provisions mentioned in the Schedule to this Act any reference in that provision to the Board shall be construed as a reference to a contractor and any reference to an officer of the Board shall be construed as a reference to an employee of a contractor.

Regulations.

3.—The Board may, with the consent of the Minister, make regulations governing the manner and the terms and conditions under which a contractor shall exercise any powers or perform any function on behalf of the Board under section 2 (1) of this Act.

Termination of contracts.

4.—The Board may terminate any contract made with a contractor under section 2 (1) of this Act where the contractor fails to comply with any of the terms or conditions of the contract or any regulations made under section 3 of this Act.

“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.”.

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.”.

“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;”.

Opinion of Board.

8.—References to the opinion of the Board in sections 27 and 30 of the Principal Act and section 32 of the Tourist Traffic Act, 1952 , shall be construed as references to such opinion formed by the Board itself and not by the Board acting through or by any contractor or any employee of a contractor.

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

9.—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 £22,000,000 and, accordingly, section 2 (1) of that Act is hereby amended by the substitution of “£22,000,000” for the sum specified therein (inserted by the Tourist Traffic Act, 1987 ).

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).