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15 1952

TOURIST TRAFFIC ACT, 1952

PART IV.

Registration of Premises.

Construction.

25. —This Part shall be construed as one with Part III of the Act of 1939.

Payment of registration fee.

26. —If an applicant for registration of premises in a register, having been served with notice by the Board that the premises will be registered on payment of the appropriate prescribed fee, does not pay the fee to the Board within three months after such service, then, notwithstanding subsection (4) of section 27 of the Act of 1939, his application shall be void.

Return of application fee.

27. —The fee sent with an application under section 26 or 29 of the Act of 1939, for the registration or renewal of the registration of premises may, on the request of the applicant and at the discretion of the Board, be repaid to the applicant unless, after the receipt of the fee, the premises have been inspected by an officer of the Board.

Amendment of section 30 of Act of 1939.

28. —Subsection (4) of section 30 of the Act of 1939 (which relates to renewal of registration) is hereby amended by the substitution for paragraph (a), of the following paragraph:—

“(a) the Board shall serve notice upon the applicant that the Board is of opinion that such premises have ceased on stated grounds to be eligible for registration in such register and that the applicant may, within fourteen days after service of such notice, make written representations to the Board with a view to showing that such premises have not ceased to be eligible for registration in such register;”.

Amendment of section 30 of Act of 1939.

29. —Subsections (5) and (6) of section 30 of the Act of 1939 (which empower the Board to refuse an application for renewal of registration where the applicant has failed to adhere to his specified scale of charges) shall be construed as if the word “wilfully” were inserted before “failed” wherever the latter word occurs in the subsections.

Amendment of section 31 of Act of 1939.

30. —The Act of 1939 shall have effect as if the following section were substituted for section 31 thereof:—

“31. (1) Whenever the Board registers any premises, the Board shall give, free of charge, a certificate (in this Act referred to as a registration certificate) of such registration to the registered proprietor.

(2) Where the registered proprietor of any registered premises satisfies the Board that the registration certificate for the time being in force in respect of such premises has been accidentally destroyed, the Board may issue to such registered proprietor a new registration certificate in lieu of that so destroyed.

(3) The following provisions shall have effect in respect of every registration certificate, that is to say:—

(a) such certificate shall be in the prescribed form and shall contain a statement of the premises to which it relates, the name of the registered proprietor of such premises, and such other matters as shall be required by the prescribed form;

(b) such certificate shall be signed by an officer of the Board authorised in that behalf by the Board;

(c) such certificate shall, save as regards any period when it is returned to the Board in accordance with this Act, be displayed in a prominent position at or near the principal entrance to such premises during the continuance of the registration certified by it;

(d) such certificate shall be returned to the Board immediately after the registration expires or whenever the Board so request.

(4) Whenever the registered proprietor of any registered premises fails to display, in accordance with paragraph (c) of subsection (3) of this section, the registration certificate for the time being in force in respect of such premises, he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds together with a further fine not exceeding one pound for every day during which the offence continues.

(5) Whenever a registration certificate is not returned to the Board immediately upon the expiration thereof or at the request of the Board, the person to whom such certificate was given shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with a further fine not exceed-ten shillings for every day during which the offence continues.”

Extension of sections 33 to 37 of Act of 1939 to occupiers.

31. —The word “proprietor” shall, wherever it occurs (except as part of the expression “registered proprietor”) in sections 33 to 37 of the Act of 1939, be construed as including “occupier”.

Cancellation of registration.

32. —(1) The Board may at any time cancel the registration of registered premises if the Board is of opinion that the registered proprietor has, otherwise than with the consent of the Board, wilfully failed to adhere to charges not exceeding those specified in the scale of charges furnished by him with his application for registration or with his last previous application for renewal of registration, as the case may be.

(2) If at any time the Board, following an inspection of registered premises by an officer of the Board, is of opinion that such premises have ceased to be eligible for registration, the Board shall cause a second inspection of such premises to be made by an officer of the Board.

(3) If, after a second inspection of premises has been made under this section, the Board remains of opinion that such premises have ceased to be eligible for registration—

(a) the Board shall serve notice upon the registered proprietor that the Board is of opinion that such premises have ceased on stated grounds to be eligible for registration and that the registered proprietor may, within thirty days after service of such notice make written representations to the Board with a view to showing that such premises have not ceased to be eligible for registration;

(b) if during the said thirty days no such written representations are received by the Board, the Board shall cancel the registration;

(c) if during the said thirty days such written representations are received by the Board, the Board shall cause a third inspection of such premises to be made by a different officer of the Board;

(d) if the Board, notwithstanding such third inspection and having considered the written representations received as aforesaid, remains of opinion that such premises have ceased to be eligible for registration, the Board shall cancel the registration;

(e) if the Board, as a result of such third inspection and having considered the written representations received as aforesaid, becomes of opinion that such premises have not ceased to be eligible for registration, the Board shall give notice to that effect to the registered proprietor.

(4) Cancellation under this section of registration shall have effect from a date determined by the Board, not being earlier than fourteen days after the decision to cancel is made, and the Board shall, not later than seven days before the date so determined, serve notice on the registered proprietor that the registration will be cancelled on that date.

(5) References in this section to the opinion of the Board that a registered proprietor has wilfully failed to adhere to any charges or that registered premises have ceased to be eligible for registration shall be construed as references to such opinion formed by the Board itself and not by the Board acting through or by any of its officers or servants.