Number 10 of 1947.
AUCTIONEERS AND HOUSE AGENTS ACT, 1947.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Licences and Auction Permits.
Certificates of Qualification to Hold an Auctioneer's or House Agent's Licence.
Deposits.
Miscellaneous Provisions as to Licences and Auction Permits.
Acts Referred to | |
No. 45 of 1936 | |
No. 48 of 1936 | |
Number 10 of 1947.
AUCTIONEERS AND HOUSE AGENTS ACT, 1947.
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Auctioneers and House Agents Act, 1947.
Definitions.
2.—(1) In this Act—
the word “auction” includes a Dutch auction and the word “auctioneer” shall be construed accordingly;
the expression “auction permit” means a permit, under section 9 of this Act, to conduct auctions;
the expression “auctioneer's licence” means a licence, under section 8 of this Act, to carry on the business of auctioneer;
the expression “certificate of qualification” means a certificate, under section 12 of this Act, of qualification to hold an auctioneer's licence or a house agent's licence;
the word “deposit” means a deposit for the purposes of this Act maintained in the High Court in accordance with section 14 of this Act;
the expression “district justice” means a Justice of the District Court;
the word “house” includes part of a house and also includes a building of any kind and part of any building;
the expression “house agent” means a person who, as agent for another person and for or in expectation of reward, purchases, sells, lets or offers for sale or letting, or invites offers to purchase or take a letting of, or negotiates for the purchase, sale or letting of a house otherwise than by auction or attempts to effect such purchase, sale or letting;
the expression “house agent's licence” means a licence, under section 10 of this Act, to carry on the business of house agent;
the word “licence” means an auctioneer's licence or a house agent's licence;
the expression “licensed assurance company” means an assurance company which is the holder of an assurance licence under the Insurance Act, 1936 (No. 45 of 1936);
the expression “licensed auctioneer” means a holder of an auctioneer's licence;
the expression “licensed house agent” means a holder of a house agent's licence;
the expression “the Minister” means the Minister for Justice;
the expression “the operative date” means the 6th day of July next after the passing of this Act.
(2) References in this Act to a house shall be construed as including references to any land held therewith and also to any interest in a house.
Regulations.
3.—(1) The Minister may make regulations in relation to any matter about which the Minister considers it necessary or desirable to make regulations for the purpose of carrying into effect the objects of this Act, but, in relation to the collection of the excise duties payable on licences and auction permits and their issue, cancellation and suspension, only with the consent of the Minister for Finance.
(2) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the regulation is made by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.
Expenses.
4.—The expenses incurred by the Minister or the Revenue Commissioners in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals.
5.—Each enactment referred to in the Schedule to this Act is repealed, with effect from the operative date, to the extent set out in the third column of the said Schedule opposite the mention of that enactment.
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.
Restrictions on acting as house agent.
7.—(1) Subject to subsection (2) of this section, no person shall, on or after the operative date, carry on or hold himself out or represent himself as carrying on the business of house agent or act as a house agent except under and in accordance with a licence under section 10 of this Act.
(2) Subsection (1) of this section does not apply to—
(a) a licensed auctioneer,
(b) a solicitor who is for the time being duly qualified to act as solicitor,
(c) a person acting as agent for a Minister of State, the Commissioners of Public Works in Ireland, the Irish Land Commission or any person authorised to acquire land compulsorily.
(3) A person who, in contravention of this section, carries on or holds himself out or represents himself as carrying on the business of house agent or acts as a house agent 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.
Grant of auctioneer's licence.
8.—(1) The Revenue Commissioners shall grant to a person who applies therefor, in accordance with subsection (2) of this section, a licence to carry on the business of auctioneer under the name specified in the licence.
(2) An application for an auctioneer's licence shall be accompanied by—
(a) a certificate of qualification granted to the applicant not more than twenty-eight days before the date of the application,
(b) a certificate of the Accountant of the Courts of Justice granted not more than twenty-eight days before the date of the application that the applicant maintains in the High Court a deposit and, where the deposit is a guarantee bond, that it covers the whole of the period for which the licence is to be granted, and
(c) the excise duty payable on an auctioneer's licence.
(3) An auctioneer's licence shall—
(a) specify the name under which the licensee is authorised to carry on business,
(b) commence on the date specified in that behalf therein, and
(c) if not previously cancelled, continue in force (subject to the power of suspension contained in section 18 of this Act) until the 5th day of July next following.
(4) An auctioneer's licence shall authorise one named individual (being either the licensee or some individual nominated by him) to conduct auctions on behalf of the licensee.
(5) The Revenue Commissioners shall, at the request of a licensee, cancel his auctioneer's licence.
Grant of auction permit.
9.—(1) Whenever a licensed auctioneer applies to the Revenue Commissioners for an auction permit, the Revenue Commissioners shall grant—
(a) if the applicant is an individual—either, as he shall request,
(i) a permit to the applicant to conduct auctions on his own behalf, or
(ii) a permit to an individual nominated by the applicant to conduct auctions on behalf of the applicant,
(b) if the applicant is a body corporate or an unincorporated body of persons—a permit to an individual nominated by such body to conduct auctions on their behalf.
(2) An application under subsection (1) of this section shall be accompanied by the excise duty payable on an auction permit.
(3) An auction permit shall—
(a) commence on the date specified in that behalf therein, and
(b) if not previously cancelled, continue in force (subject to the power of suspension contained in section 18 of this Act) until
(i) the 5th day of July next following or
(ii) the cancellation of the auctioneer's licence held by the person on whose behalf the permit was granted,
whichever is the sooner.
(4) The Revenue Commissioners shall, at the request of a licensed auctioneer, cancel a specified auction permit granted on his behalf.
Grant of house agent's licence.
10.—(1) The Revenue Commissioners shall grant to a person who applies therefor, in accordance with subsection (2) of this section, a licence to carry on the business of house agent under the name specified in the licence.
(2) An application for a house agent's licence shall be accompanied by—
(a) a certificate of qualification granted to the applicant not more than twenty-eight days before the date of the application,
(b) a certificate of the Accountant of the Courts of Justice granted not more than twenty eight days before the date of the application that the applicant maintains in the High Court a deposit and where the deposit is a guarantee bond, that it covers the whole of the period for which the licence is to be granted, and
(c) the excise duty payable on a house agent's licence.
(3) A house agent's licence shall—
(a) specify the name under which the licensee is authorised to carry on business,
(b) commence on the date specified in that behalf therein, and
(c) if not previously cancelled, continue in force (subject to the power of suspension contained in section 18 of this Act) until the 5th day of July next following.
(4) The Revenue Commissioners shall, at the request of a licensee, cancel his house agent's licence.
PART III.
Certificates of Qualification to Hold an Auctioneer's or House Agent's Licence.
Application for certificate of qualification.
11.—(1) An intending applicant for a certificate of qualification in respect of a particular business shall—
(a) cause to be inserted, at least twenty-eight days before the making of the intended application, in a newspaper circulating in the district court area in which he proposes to have his principal place of business in the State, notice of his intention to make the application,
(b) give to the Superintendent of the Garda Síochána, within whose district he proposes to have his principal place of business in the State, at least twenty-eight days' notice in writing of his intention to make the application.
(2) A notice under subsection (1) of this section shall specify—
(a) the name of the applicant and, if the applicant is an unincorporated body, the names of its members,
(b) the name under which the applicant proposes to carry on business and the address at which he proposes to have his principal place of business in the State,
(c) the time and place at which he intends to make the application.
(3) Every application for a certificate of qualification in respect of a particular business shall be made to a district justice having jurisdiction—
(i) if the applicant proposes to carry on the business in one district court area only—in that district court area,
(ii) if the applicant proposes to carry on the business in more than one district court area—in the district court area in which he proposes to have his principal place of business.
(4) On the hearing of an application for a certificate of qualification any member of the Garda Síochána not below the rank of Inspector and any person who appears to the district justice hearing the application to be interested therein may appear and be heard in relation to the application and may adduce evidence in support of his submissions to the Court.
(5) An objection to an application for a certificate of qualification shall not be entertained by the Court unless the intending objector has, at least seven days before the hearing of the application, given notice in writing of the grounds of his objection to the applicant and the district court clerk.
Grant of certificates of qualification.
12.—(1) Where an application for a certificate of qualification to carry on the business of auctioneer or a certificate of qualification to carry on the business of house agent is duly made to a district justice, the justice shall, subject to section 13 of this Act, grant the certificate to the applicant.
(2) A certificate of qualification shall specify the name under which the holder may be licensed to carry on business.
Grounds for refusal of a certificate of qualification.
13.—An application for a certificate of qualification may be refused on any of the following grounds:—
(a) that the applicant is not a fit and proper person to hold a certificate,
(b) that the applicant is an undischarged bankrupt or arranging debtor,
(c) that the applicant is under the age of twenty-one years,
(d) that the applicant is disqualified under section 18 of this Act from holding an auctioneer's licence or a house agent's licence,
(e) that an auctioneer's licence or house agent's licence previously held by the applicant has been suspended or cancelled under section 18 of this Act,
(f) that an individual responsible or proposed to be responsible for the management of the applicant's business, and also, in the case of an unincorporated body, that any individual member of the body, is a person whose application might be refused under this section if he himself applied for a certificate of qualification.
PART IV.
Deposits.
General provisions in relation to deposits.
14.—The following provisions shall have effect in relation to a deposit in the High Court made in pursuance of this Act:—
(a) the deposit shall be of the value of two thousand pounds;
(b) the deposit shall be under the control of the High Court;
(c) the Accountant of the Courts of Justice shall issue free of charge on request to the person proposing to make the deposit the forms requisite for that purpose;
(d) the deposit may, in lieu of being made in money, be made by—
(i) the deposit of securities authorised by rules of court for the investment of moneys under the control of the High Court, or
(ii) the deposit of a guarantee bond issued by a licensed assurance company in a form approved by the Minister whereby the company guarantees, in favour of the President of the High Court, up to a limit of two thousand pounds the due performance by the depositor of the obligations incurred by him as a licensed auctioneer or licensed house agent in relation to the receipt and payment of money and the safe custody of property;
(e) where the deposit is made or held in money, the money or a specified part thereof shall, on the request and at the cost of the depositor, be invested in securities authorised as aforesaid and specified by the depositor;
(f) the income derived from the securities of which the deposit is wholly or partly composed shall be paid to the depositor;
(g) the said securities or any of them shall, at the request and cost of the depositor, be varied into other securities authorised as aforesaid and specified by the depositor;
(h) the Accountant of the Courts of Justice shall issue free of charge on request to the depositor a certificate addressed to the Revenue Commissioners that the depositor maintains a deposit of a specified value or a guarantee bond for a specified sum in accordance with this section.
Payment of judgment debt out of deposits.
15.—(1) Whenever a person (in this subsection referred to as the plaintiff) obtains in any proceedings a judgment, order or decree against any other person (in this subsection referred to as the defendant) for the payment of money in discharge of a liability incurred by the defendant as a licensed auctioneer or licensed house agent in relation to the receipt or payment of money or the safe custody of property, the High Court may, on the application in a summary manner of the plaintiff, order such money (with or with out the costs of the application) to be paid to him out of the deposit maintained by the defendant, or, if the deposit consists of a guarantee bond and notice of the institution of the proceedings has been served before the hearing of the proceedings on the assurance company concerned, to be paid to the Accountant of the Courts of Justice by the assurance company, on behalf of the plaintiff.
(2) Whenever a person (in this subsection referred to as the plaintiff) institutes proceedings against any other person (in this subsection referred to as the defendant) involving a claim for payment of money in discharge of a liability alleged to have been incurred by the defendant as a licensed auctioneer or licensed house agent in relation to the receipt or payment of money or the safe custody of property, the High Court may, on the application of the plaintiff, by order direct that the deposit maintained by the defendant or some specified portion thereof be not released pending the termination of the proceedings or during such other period as to the Court may seem proper, and the Court may discharge or vary the said order.
(3) Whenever an order is made by the Court under this section for the payment of money out of a deposit or by an assurance company, the following provisions shall have effect:—
(a) the Accountant of the Courts of Justice shall, on making any payment under the order, forthwith notify the Revenue Commissioners and the depositor thereof and of the value of the balance remaining of his deposit or the balance secured by the guarantee of the assurance company, as the case may be;
(b) if the value of the said balance falls short of two thousand pounds, and if the depositor does not, within fifteen days after the date of such notification, produce to the Revenue Commissioners a certificate of the said Accountant that he has deposited in accordance with section 14 of this Act an amount equal to the amount of the deficiency or a guarantee bond for that amount, the Revenue Commissioners shall forthwith cancel the auctioneer's licence or house agent's licence held by the depositor and every auction permit granted to him and to any person to conduct auctions on his behalf.
Release of deposit.
16.—(1) If the depositor desires to apply for the release of a deposit he shall cause to be inserted, at least fifty-six days before making the intended application, in a newspaper circulating in the district court area in which the depositor has or last had his principal place of business as auctioneer or house agent (as the case may be), notice of his intention to make the application.
(2) Where the depositor, having complied with subsection (1) of this section, applies for the release of a deposit, the following provisions shall have effect:—
(a) in case the depositor does not hold, and has not, at any time during the period of fifty-six days preceding the date of the application, held a licence the deposit shall, subject to section 15 of this Act, be released;
(b) in any other case, the deposit shall not be released.
(3) This section applies to an application by the liquidator, personal representative, assignee or other successor in title of a depositor in the same manner as it applies to an application by a depositor.
Register of depositors.
17.—(1) The Accountant of the Courts of Justice shall keep a register (in this section referred to as the register of depositors) of persons maintaining deposits.
(2) The register of depositors shall contain in respect of each person maintaining a deposit—
(a) the name of the depositor and the name under which he carries on or proposes to carry on the business of auctioneer or house agent,
(b) the address of his principal or proposed principal place of business in the State,
(c) if the deposit is being maintained by means of a guarantee bond, the name and address of the assurance company concerned.
(3) The register of depositors shall be kept in the office of the Accountant of the Courts of Justice and may be inspected by any person, on payment of such fee (if any) as may be prescribed under section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936) at any time at which the said office is open for the transaction of public business.
(4) A certificate, purporting to be signed by the Accountant of the Courts of Justice, that on a particular day a named person was not registered in the register of depositors or that he was so registered and was maintaining a specified deposit, shall be prima facie evidence of the facts so certified and it shall not be necessary to prove the signature of the said Accountant or that he is the Accountant of the Courts of Justice.
(5) The Accountant of the Courts of Justice may issue to any person such certificate as is mentioned in subsection (4) of this section, on payment of such fee (if any) as may be prescribed under section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936).
PART V.
Miscellaneous Provisions as to Licences and Auction Permits.
Cancellation, suspension and disqualification in respect of licences and auction permits.
18.—(1) Whenever a person who is a licensed auctioneer or house agent is convicted of an offence involving fraud, dishonesty or breach of trust, the Court may, without prejudice to the infliction of any other punishment authorised by law, do such one or more of the following things as the Court shall think proper, that is to say:—
(a) cancel the licence held by that person and, if he is a licensed auctioneer, every auction permit granted to him or to any person to conduct auctions on his behalf,
(b) suspend, for a specified time, the said licence and every such auction permit as aforesaid,
(c) declare that person to be disqualified from holding a licence during a specified period.
(2) Where an appeal is brought against a conviction or sentence for an offence to which subsection (1) of this section applies, the Court hearing the appeal shall have the jurisdiction conferred by that subsection on the Court by which the offender was tried and shall have jurisdiction to confirm, annul or vary any cancellation, suspension or disqualification imposed under that subsection.
(3) Whenever the Court cancels or suspends a licence or an auction permit or declares a person to be disqualified from holding a licence or confirms, annuls or varies any cancellation, suspension or disqualification, the registrar or clerk of the Court shall inform the Revenue Commissioners.
Production of auctioneers' licences and auction permits to officers of customs and excise.
19.—(1) Every person conducting an auction (other than an auction to which subsection (2) of section 6 of this Act relates) shall, if so requested by an officer of customs and excise, produce and show to the officer, there and then, an auctioneer's licence or auction permit under which he was authorised to conduct the auction, or within the next seven days, produce and show such a licence or permit to any officer of customs and excise at a customs and excise office to be named by such person at the time when the said request is made.
(2) Every person who contravenes subsection (1) of this section shall, unless he satisfies the Court that he was authorised to conduct the auction and that the contravention was due to circumstances beyond his control, be guilty of an offence under this section and shall be liable on summary conviction to an excise penalty of fifty pounds.
Display of placard by person holding auction.
20.—(1) Every person holding an auction (other than an auction to which subsection (2) of section 6 of this Act relates) shall, throughout the auction, display in a conspicuous position at the place where the auction is being held a placard bearing—
(a) if he is a licensed auctioneer, the name under which he is licensed to carry on business and the address of his principal place of business in the State,
(b) if he is the holder of an auction permit to conduct auctions on behalf of another person who is a licensed auctioneer, the name under which the licensed auctioneer is licensed to carry on business and the address of the auctioneer's principal place of business in the State.
(2) Every person who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to an excise penalty of ten pounds.
(3) Subsection (1) of this section shall not apply to the holding by or on behalf of a licensed auctioneer of an auction of which a notice, bearing the name under which he is licensed to carry on business and the address of his principal place of business in the State, has been published in a newspaper circulating in the area where the auction is held or displayed in a conspicuous position in the area.
Restriction on auctioneers dealing in excisable commodities.
21.—(1) An auctioneer's licence or auction permit shall not authorise the holder thereof to deal in or sell, either on his own behalf or on behalf of any other person, a commodity for the dealing in or selling of which an excise licence is required except at a place in respect of which the owner of the commodity has taken out and has in force an excise licence for the sale of the commodity.
(2) The Revenue Commissioners may authorise a licensed auctioneer to sell by auction on behalf of an individual a commodity of a kind to which subsection (1) of this section relates if they are satisfied that the commodity is the property of that individual and is not being sold in connection with that individual's trade.
Surrender of licences and auction permits on cancellation.
22.—(1) Where a licence or auction permit is cancelled, or where an auction permit expires owing to the cancellation of an auctioneer's licence, the holder thereof shall, within seven days after he has been required by the Revenue Commissioners so to do, surrender the licence or auction permit to the Revenue Commissioners.
(2) Every person who, in contravention of subsection (1) of this section, fails to surrender a licence or auction permit shall, unless he satisfies the Court that the contravention was due to circumstances beyond his control, be guilty of an offence under this section and shall be liable on summary conviction thereof to an excise penalty of twenty pounds.
Publication of notice of cancellation of licences or auction permits.
23.—The Revenue Commissioners shall, as soon as may be after the cancellation of a licence or an auction permit, publish in Iris Oifigiúil notice of the cancellation.
Temporary licences.
24.—(1) Whenever an application for a certificate of qualification in respect of a particular business is refused and an appeal to the Circuit Court is lodged, the Revenue Commissioners may, without payment of excise duty, issue to the applicant a temporary licence to carry on that business under the name specified in the licence.
(2) A temporary licence may be issued only in the following circumstances:—
(a) in the case of an application made before the operative date, that, at the date of the application, the applicant is, and has been during the preceding twelve months, the holder of—
(i) if the business concerned is that of auctioneer, a licence under the Auctioneers Act, 1845, or
(ii) if it is that of house agent, a licence granted under section 11 of the Revenue (No. 1) Act, 1861;
(b) in any other case, that the applicant is, at the time of making the application the holder of—
(i) if the business concerned is that of auctioneer, an auctioneer's licence,
(ii) if it is that of house agent, a house agent's licence;
(c) that the applicant produces to the Revenue Commissioners a certificate of the Accountant of the Courts of Justice granted not more than twenty-eight days previously that the applicant maintains in the High Court a deposit and, where the deposit is a guarantee bond, that it covers the whole period for which the licence is to be granted.
(3) A temporary licence shall—
(a) specify the name under which the licensee is authorised to carry on business,
(b) commence on the date specified in that behalf therein,
(c) continue in force for such period, not extending beyond the expiration of seven days after the decision of the appeal, as the Revenue Commissioners may think fit, and
(d) be subject to such conditions as they may think fit to impose.
(4) A temporary licence to carry on the business of auctioneer shall authorise one named individual (being either the licensee or some individual nominated by him) to conduct auctions on behalf of the licensee.
(5) The Revenue Commissioners shall, at the request of a licensee, cancel his temporary licence.
(6) A temporary licence, while it remains in force, shall, for the purposes of this Act, be deemed to be—
(a) if it is a licence to carry on the business of auctioneer, a licence under section 8 of this Act, and
(b) if it is a licence to carry on the business of house agent, a licence under section 10 of this Act.
SCHEDULE.
Repeals.
Session and Chapter | Short Title | Extent of Repeal |
8 & 9 Vic., c. 15. | Auctioneers Act, 1845. | The whole Act. |
24 & 25 Vic., c. 21. | Revenue (No. 1) Act, 1861. | Sections 10, 11, 12 and 13. |
27 & 28 Vic., c. 56. | Revenue (No. 2) Act, 1864. | Section 14. |
33 & 34 Vic., c. 32. | Customs and Inland Revenue Act, 1870. | Section 5. |