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DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - LONG
TITLE

An Act to provide for the establishment of the Northern Ireland
Tourist Board, the registration of certain catering establishments,
the giving of financial and other assistance towards the provision
of amenities and services calculated to promote the development of
tourist traffic and otherwise to make provision for the encouragement
and development of tourist traffic; and for purposes connected with
the matters aforesaid.{1}
[4th February 1948]
PART I

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 1

1.(1) For the purposes of this Act there shall be established as
soon as may be after the passing of this Act a public authority
to be called the Northern Ireland Tourist Board (in this Act
referred to as "the Board").

(2) The Board shall consist of [not more than fourteen] members to
be appointed by the Minister of Commerce (in this Act referred to
as "the Minister") after consultation with such organisations as
appear to the Minister to represent persons engaged in catering for
tourist and holiday traffic and the Chairman of the Board shall be
such one of the members as may be designated by the Minister.

Subs.(3) rep. by 1957 c.20 s.14 sch.4 Pt.II

(4) Subject to the provisions of this section every person appointed
to be a member of the Board shall hold office for such period as
the Minister may determine:

Provided that a member may at any time resign his office by notice
in writing under his hand given to the Minister and the Minister
may at any time remove any member of the Board from office and
may fill any vacancy on the Board caused by such resignation,
removal or otherwise.

[(4A) Sub-section (2) of this section shall not apply in relation
to the filling of any such vacancy as is mentioned in the proviso
to the last preceding sub-section.]

(5) A member on vacating his office at the expiration of the term
thereof shall, subject to the foregoing provisions of this section,
be eligible for re-appointment.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 2
Incorporation, proceedings and officers of the Board.

2.(1) The Board shall be a body corporate with perpetual succession
and with a capacity to acquire and hold land...

(2) The quorum of the Board shall be three and subject thereto the
Board shall by standing orders regulate the procedure to be observed
at their meetings and the manner in which their business is to be
transacted.

(3) The Board may act notwithstanding a vacancy in their number so
long as that number is not reduced below three.

(4) The Board shall have a common seal and the seal of the Board
shall be authenticated by the signatures of a member of the Board
and of the general manager of the Board or some other person
authorised by the Board to act in his stead in that behalf.

(5) Every document purporting to be an instrument issued by the
Board and to be sealed with the seal of the Board authenticated in
the manner provided by this section or to be signed by the general
manager of the Board or by a person authorised by the Board to
act in his stead in that behalf, as the case may be, shall be
received in evidence and be deemed to be such an instrument without
further proof unless the contrary is shown.

(6) The Board shall with the approval of the Ministry of Commerce
(in this Act referred to as "the Ministry") appoint a general
manager. The Board may also appoint such other officers and servants
as the Board may determine.

[(7) Subject to the provisions of this Act the Board

(a)shall pay to the general manager, officers and servants of the
Board such salaries and remuneration as the Board may, with the
approval of the Ministry, determine; and

(b)may, with the approval of the Ministry, establish a contributory
scheme for the payment of superannuation allowances and death
gratuities in respect of the retirement or death of persons employed
by them in a whole time capacity.]

(8) The Board may appoint advisory committees to consider such
matters affecting tourist traffic as may be referred to those
committees by the Board.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 3
Payments to members of the Board.

3.(1) There shall be paid to the Chairman of the Board such salary
and allowances for expenses incurred in connection with the business
of the Board as the Minister with the approval of the Ministry of
Finance may determine.

[(2) There may be paid to any other member of the Board such
salary, and to such a member or a member of an advisory committee,
such allowances for expenses incurred by him in connection with the
business of the Board or the committee as the Department, with the
approval of the Department of the Civil Service, may determine.]

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 4
Disclosure of interest in contracts.

4. It shall be the duty of every member of the Board who is in
any way either directly or indirectly interested in any contract
made or proposed to be made by the Board to disclose, at the
first opportunity, the nature of his interest at a meeting of the
Board and the disclosure shall forthwith be recorded in the minutes
of the Board and the member who is so interested shall not take
part in any deliberation or decision of the Board with respect to
that contract.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 5
Duties and powers of the Board.

5.(1) It shall be the general duty of the Board to promote the
development of tourist traffic in Northern Ireland and to encourage
persons who reside elsewhere to visit Northern Ireland.

(2) Subject to the provisions of this Act the Board may for the
purposes aforesaid exercise all or any of the powers which are
specified in the First Schedule to this Act or are otherwise
conferred upon the Board by this Act.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 6
Estimate of expenditure and income of the Board.

6.(1) The Board shall on or before [such day in every year as the
Ministry may direct] submit for the approval of the Ministry in
such form and containing such particulars as the Ministry may direct
an estimate of their income and expenditure for the financial year
commencing on the next succeeding first day of April and the
Ministry may give approval to the estimate either in whole or in
part with such modification as it thinks fit:

Provided that where the Ministry is satisfied that any expenditure
of a nature not provided for by such estimate has been or will be
reasonably and properly incurred in that financial year by the Board
in the performance of its functions under this Act, the Ministry
may sanction such expenditure by the Board, either in whole or in
part, notwithstanding that it is not provided for by the estimate,
but, save as aforesaid, the expenditure of the Board shall be
generally in accordance with an estimate approved under this section.

Subs.(2) rep. by 1966 c.34 (NI) s.2(2)

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 7
Annual grant to the Board.

7.(1) Subject to the provisions of this section there shall in each
financial year be paid to the Board by the Ministry out of moneys
provided by Parliament a grant towards the expenditure properly
incurred or to be incurred by the Board in that year.

(2) The amount of the grant payable by the Ministry under the last
preceding sub-section in respect of any financial year shall be such
as the Ministry with the approval of the Ministry of Finance may
think proper,....

[(3) Notwithstanding anything in sub-section (1) of this section, the
Board may, with the approval of the Ministry, establish reserve
funds for such general or special purposes as the Board may think
proper.]

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 8
Annual report.

8. The Board shall annually on such date and in such form as the
Ministry may prescribe make to the Minister a report of their
proceedings during the preceding year and a copy of such report
shall be laid before each House of Parliament.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 9
Accounts and audit.

9.(1) The Ministry may with the approval of the Ministry of Finance
make regulations as to the accounts to be kept by the Board, the
form of such accounts and the particulars to be contained therein
and as to the records to be kept by the Board and the Board
shall act in accordance with those regulations.

(2) The Board shall at such times as the Ministry may direct
transmit through the Ministry to the Comptroller and Auditor-General
for Northern Ireland for examination in every year accounts, in
respect of the preceding financial year, in such form and containing
such particulars as may be prescribed under the last preceding
sub-section. All such accounts shall be duly vouched to the
satisfaction of the Comptroller and Auditor-General who shall certify
and report on the same and copies of the said accounts and of the
reports thereon shall be laid before Parliament as soon as may be.

Registers of catering establishments.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 10

10.(1) For the purpose of registering premises used as hotels, guest
houses, boarding houses [self-catering establishments] and restaurants
(in this Act referred to as "catering establishments") in Northern
Ireland the Board shall as soon as conveniently may be after the
passing of this Act establish and maintain each of the following
registers:

(a)a register to be known and in this Act referred to as the
register of hotels;

(b)a register to be known and in this Act referred to as the
register of guest houses;

(c)a register to be known and in this Act referred to as the
register of boarding houses ...;

(d)a register to be known and in this Act referred to as the
register of restaurants;

[(e)a register to be known and in this Act referred to as the
register of self-catering establishments.]

(2) There shall be entered in the several registers respectively the
following matters in respect of every catering establishment
registered therein, that is to say

(a)the full name, address and description of the proprietor of the
catering establishment;

(b)the name of the catering establishment and the address or
situation thereof;

(c)such other particulars as shall for the time being be prescribed.

(3) Catering establishments registered in any one of the registers
shall not while so registered be capable of being registered in any
other of the registers.

[(4) For the purposes of this Act

[(a)the expression "self-catering establishment" means premises where
furnished rooms and catering facilities are provided primarily for
letting to visitors to Northern Ireland or to persons spending their
holidays in Northern Ireland or travelling for pleasure within
Northern Ireland; and]

(b)the expression "restaurant" shall be deemed to include any
restaurant, cafe9, teashop, fried fish and chip shop, snack bar,
milk bar and any other premises or place at which food is sold
for consumption thereon.]

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 11
Registration regulations.

11. The Ministry may by regulations made on the recommendation of
the Board prescribe the general character, nature and extent of
accommodation, service provided and other qualifications which shall
be requisite for the registration of any catering establishment in
any register.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 12
Obligation to register annually and pay fee on annual registration
certificate.

12.(1) The proprietor of every premises used as a catering
establishment shall at such time and in such manner as the Ministry
may after consultation with the Board prescribe, make application for
the registration of those premises for the financial year then next
following in such one of the registers specified in sub-section (1)
of section ten of this Act as he thinks proper. Such application
shall contain such particulars as may be so prescribed and shall be
accompanied by

(a)the amount of [the fee] payable under the provisions of
sub-section (3) of this section in respect of that financial year
on the annual registration certificate mentioned in sub-section (2)
of this section; and

(b)a statement (in this Act referred to as a "scale of charges")
in the prescribed form of the charges which the applicant proposes
to make for rooms, meals and services provided in the premises
during that financial year.

(2) Where an application is duly made to the Board for the
registration under this Part of this Act of any catering
establishment for any financial year and the Board are satisfied
that the premises are eligible for such registration the Board may
register the premises accordingly and shall issue to the proprietor
a certificate (in this Act referred to as an "annual registration
certificate") of such registration.

[(3) There shall be paid to the Board on every annual registration
certificate before the issue thereof a fee of an amount calculated
in accordance with the provisions of the Second Schedule to this
Act.]

(4) Every person required by this section to make application for
the registration under this Part of this Act of any premises used
as a catering establishment who fails or refuses to make such
application accompanied by the proper amount of [the fee payable
under sub-section (3) of this section] and scale of charges at such
time and in such manner as may be prescribed shall be guilty of
an offence under this section and shall in respect of each such
offence be liable on summary conviction thereof to a fine not
exceeding fifty pounds or treble the amount of such [fee] whichever
is the greater.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 13
Provisions as to registration certificates.

13.(1) Where the registered proprietor of any catering establishment
satisfies the Board that the annual registration certificate for the
time being in force in respect of the establishment has been
accidentally destroyed the Board may on the application of the
registered proprietor issue to such registered proprietor a new
certificate to replace that certificate.

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

(a)such certificate shall be in the prescribed form and shall
contain a statement specifying the catering establishment to which it
relates, the name of the registered proprietor of such establishment,
the financial year for which it is issued, and such other matters
as may be prescribed;

(b)such certificate shall be signed by the general manager or other
officer of the Board authorised in that behalf by the Board;

(c)such certificate shall be displayed in a prominent position at or
near the principal entrance to the establishment during the
continuance of the financial year to which it relates.

(3) Whenever the registered proprietor of any registered catering
establishment fails to display, in accordance with paragraph (c) of
the last preceding sub-section of this section, the annual
registration certificate for the time being in force in respect of
such establishment, he shall be guilty of an offence under this
sub-section 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
after such conviction.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 14
Refusal of registration.

14.(1) When the Board are of opinion that any premises are not for
any reason eligible for registration under this Part of this Act as
a catering establishment the Board may, after giving to the
applicant an opportunity of being heard either in person or by his
counsel or solicitor, refuse so to register such premises accordingly
and if so they shall serve on the proprietor a notice of such
refusal. Such notice shall state the reasons why such premises are
not regarded by the Board as eligible for registration and shall
contain a statement informing the proprietor of his right to appeal
against such a refusal to the county court in accordance with the
succeeding provisions of this section.

(2) Any person aggrieved by the refusal of the Board to register
any premises used as a catering establishment under this Part of
this Act may in accordance with rules of court appeal to the
county court having jurisdiction in the area in which the premises
are situated and that court may on such appeal make such order as
to the registration of those premises as it thinks fit having
regard to the provisions contained in this Part of this Act or in
any regulation made thereunder relating to such registration. The
decision of the county court on any such appeal shall be final and
conclusive, and the court shall have power to award costs of the
appeal.

(3) Any notice required to be served by the Board under sub-section
(1) of this section may be served in any of the following ways,
that is to say:

(a)by delivering the notice to the proprietor; or

(b)by delivering the notice at the premises to any person of not
less than sixteen years of age who is in the employment of or
resides with the proprietor; or

(c)by sending the notice by post in a prepaid letter addressed to
the proprietor either at premises in respect of which registration
is sought or at his usual or last known place of abode or
business.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 15
Amendment of register.

15.(1) The Board may on their own motion or on the application of
a registered proprietor amend the registration of any catering
establishment in any register in which such registration appears to
the Board to be erroneous or misleading and may where appropriate
amend the relevant annual registration certificate accordingly.

(2) The Board may require any person having in his possession or
control any annual registration certificate to produce the same to
the Board for amendment and any person who fails to comply with
such requirement shall be guilty of an offence under this
sub-section and shall be liable on summary conviction to a fine not
exceeding twenty pounds together with a further fine not exceeding
one pound for every day during which the offence continues after
such conviction.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 16
Evidence of the contents of registers.

16.(1) Every register shall be

(a)deemed to be in the proper custody when in the custody of the
Board or of any officer of the Board authorised in that behalf by
the Board; 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 the general manager or any other officer of the Board authorised
in that behalf by the Board and it shall not be necessary to
prove the signature of such officer or that he was in fact such
officer or was in fact so authorised.

(3) A certificate, purporting to be signed by the general manager
or any other officer of the Board authorised in that behalf by the
Board, that any premises specified in such certificate are not
registered under this Part of this Act as a catering establishment
for any financial year specified in such certificate shall be
conclusive evidence of the matters so certified, and it shall not
be necessary to prove the signature of such officer, or that he
was in fact such officer, or was in fact so authorised.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 17
Grades.

17.(1) The Board may from time to time grade in such manner as
they think proper an establishment registered in any register.

(2) Where an establishment registered in any register has been
graded under this section the Board may at any time, if they think
proper, and after notice to the proprietor, withdraw the grade then
allotted to any such establishment and allot a different grade
thereto.

(3) Where an establishment registered in any register has been
graded under this section it shall not be lawful for the registered
proprietor of such establishment to describe or hold out that
establishment as being of a grade other than that for the time
being allotted thereto.

(4) If the registered proprietor of any registered establishment acts
in contravention of the last preceding sub-section of this section
he shall be guilty of an offence under this section and shall be
liable on summary conviction thereof to a fine not exceeding fifty
pounds together with a further fine not exceeding one pound for
every day during which the offence continues after such conviction.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 18
Transmission of registered premises.

18.(1) Where the registered proprietor of any registered catering
establishment dies, the following provisions shall have effect, that
is to say:

(a)the death of the said registered proprietor shall not of itself
terminate the registration of such establishment;

(b)the personal representative of the said deceased registered
proprietor or, with the assent of such personal representative, any
other person shall be entitled, on making application to the Board
in the prescribed form and manner, to be registered as the
registered proprietor of the said premises during the remainder of
the registration year;

(c)from the death of the said deceased registered proprietor until
the registration of another person as registered proprietor of the
said catering establishment, the person actually carrying on the said
establishment shall be deemed to be the registered proprietor thereof
for the purposes of so much of this Act as relates to things to
be done thereon.

(2) Where any registered catering establishment and the business
carried on therein are transferred by the registered proprietor (in
this sub-section referred to as "the transferor") on sale or
otherwise to another person (in this sub-section referred to as "the
transferee") the following provisions shall have effect, that is to
say:

(a)the transferee shall be entitled, on making application to the
Board in the prescribed form and manner and on satisfying the Board
that he has become the proprietor of the said establishment, to be
registered as the registered proprietor of the said establishment
during the remainder of the registration year;

(b)the transferee shall, on being registered as aforesaid, be
entitled to the benefit of any application to the Board made by
the transferor in relation to the said establishment and then
pending and shall be entitled to prosecute such application as if
it had been made by him.

(3) The last preceding sub-section of this section shall apply in
every case where a receiver or manager appointed by a court or a
mortgagee goes into possession of a registered establishment in like
manner as if such establishment had been transferred by the
registered proprietor thereof to such receiver, manager or mortgagee
(as the case may be).

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 19
Restriction on use of certain descriptions.

19.(1) It shall not be lawful for the proprietor of any catering
establishment or other premises to describe or hold out or permit
any person to describe or hold out such premises as an hotel
unless such premises are registered in the register of hotels and
such proprietor is registered in that register as the registered
proprietor of such premises.

(2) It shall not be lawful for the proprietor of any catering
establishment or other premises to describe or hold out or permit
any person to describe or hold out such premises as a guest house
unless such premises are registered in the register of guest houses
and such proprietor is registered in that register as the registered
proprietor of such premises.

(3) It shall not be lawful for the proprietor of any catering
establishment or other premises to describe such premises as a
boarding house... or to hold out such premises as a boarding
house... or to permit any person to so describe or so hold out
such premises unless such premises are registered in the register of
boarding houses... and such proprietor is registered in that register
as the registered proprietor of such premises.

(4) It shall not be lawful for the proprietor of any catering
establishment or other premises to describe or hold out or permit
any person to describe or hold out such premises as a restaurant
unless such premises are registered in the register of restaurants
and such proprietor is registered in that register as the registered
proprietor of such premises.

(5) Any person who acts in contravention of any of the provisions
of this section shall be guilty of an offence under this section
and shall be liable on summary conviction thereof to a fine not
exceeding fifty pounds together with a further fine not exceeding
one pound for every day during which the offence continues after
such conviction:

Provided that any proprietor of premises used as a catering
establishment who has appealed to the county court in accordance
with the provisions of sub-section (2) of section fourteen of this
Act shall not be liable to be prosecuted for an offence under this
section which is alleged to have been committed in respect of those
premises during the period between the lodgment of the notice of
such appeal in the county court and the determination thereof by
that court.

(6) Commencement

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 20
Exemptions.

20.[(1) Where [the Board are] satisfied that

(a)any catering establishment is not operated primarily for gain and
is carried on

(i)by a charitable organisation; or

(ii)as an industrial or staff canteen for the use of employed
persons in connection with their employment; or

<(iii)as a club restaurant, exclusively used by members of the club and not open to the general public; or

(b)any catering establishment other than a restaurant does not
provide, to an extent that the Board consider significant,
accommodation or food for tourists;

(2) This Part of this Act shall not apply to or affect any
railway restaurant car or other car or passenger vessel or aircraft
on which catering is carried on or in which sleeping accommodation
is provided unless such car, vessel or aircraft is permanently
affixed to, or moored in, or remains for over three months without
leaving, any place.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 21
Display of charges.

21.(1) The Board may require the registered proprietor of any
registered catering establishment to display in such places in the
said establishment as they think proper such and so many copies in
such form as may be prescribed of the scale of charges for the
time being operative in respect of rooms, meals or other services
provided in the establishment.

(2) If the registered proprietor fails to comply with a requirement
under this section he shall be guilty of an offence under this
section and shall be liable on summary conviction thereof to a fine
not exceeding ten pounds together with a further fine not exceeding
one pound for every day during which the offence continues after
such conviction.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 22
External signs.

22.(1) The Board may supply to the registered proprietor of any
registered catering establishment a sign suitable for display on the
outside of such establishment and thereupon such registered proprietor
shall keep such sign displayed in a prominent position outside and
at or near the principal entrance to such establishment.

(2) If the registered proprietor of any registered catering
establishment to whom a sign has been supplied by the Board under
this section fails to keep such sign displayed in a prominent
position outside and at or near the principal entrance to such
establishment, such registered proprietor shall be guilty of an
offence under this sub-section and shall be liable on summary
conviction thereof to a fine not exceeding ten pounds.

(3) Save with the consent in writing of the Board, it shall not
be lawful for the registered proprietor of any registered
establishment to display outside such establishment any sign
indicating the standard of such establishment other than a sign
supplied under this section by the Board.

(4) If any person acts in contravention of the last preceding
sub-section of this section, he shall be guilty of an offence under
this sub-section and shall be liable on summary conviction thereof
to a fine not exceeding ten pounds.

(5) A sign supplied under this section may be in such form and
contain such information in regard to the catering establishment to
which it relates as the Board thinks proper.[

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT
22A
Keeping of visitors register.

22A.(1) The registered proprietor of any registered catering
establishment other than a restaurant shall cause to be kept a
register (in this section referred to as a "visitors register") of
visitors using the sleeping accommodation provided at such
establishment.

(2) A visitors register shall be kept in such form as the Ministry
after consultation with the Board may prescribe, and different forms
of register may be prescribed for different types of catering
establishment.

(3) Any person who fails to keep a visitors register in accordance
with the provisions of this section shall be guilty of an offence
under this sub-section and shall be liable on summary conviction to
a fine not exceeding five pounds.]

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 23
Enforcement.

23.(1) Any officer or servant of the Board may, at all reasonable
times and on production if so required of his authority to act in
that behalf, enter and inspect any catering establishment or premises
which he has reasonable cause to believe are being used as such
and may require the proprietor of, or any person employed by such
proprietor and found in such establishment or premises to furnish
such information in relation thereto as may be reasonably necessary
for the purposes of this Part of this Act:

Provided that a person shall not be required under this sub-section
to answer any question or to give any evidence tending to criminate
himself.

(2) Every person who

(a)obstructs or impedes any officer or servant of the Board in the
exercise of any of the powers conferred by this section; or

(b)fails or refuses to give to any officer or servant of the Board
on demand any information which such officer or servant is entitled
to demand under this section; or

(c)wilfully gives to any officer or servant of the Board information
which is false or misleading in a material particular;

(3) Any offence under this Part of this Act may be prosecuted by
or at the suit of the Board as prosecutor:

Provided that nothing in this sub-section shall affect the right of
any other person to prosecute in respect of any such offence.

(4) Where an offence under this Part of this Act was committed by
a body corporate and is proved to have been so committed with the
consent or approval or to have been facilitated by any neglect or
default on the part of any director, manager, secretary or other
officer of such body corporate such director, manager, secretary or
other officer shall be deemed to be guilty of such offence and
shall be liable to be proceeded against and punished accordingly.[

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT
23A
Registration of outside caterers.

23A.(1) For the purpose of obtaining information as to the number
of outside caterers carrying on business in Northern Ireland, the
Board shall as soon as conveniently may be after the passing of
the Development of Tourist Traffic (Amendment) Act (Northern Ireland),
1952, establish and maintain a register to be known and in this
Act referred to as the register of outside caterers.

(2) There shall be entered in the register of outside caterers the
following matters in respect of every outside caterer registered
therein, that is to say

(a)the full name, address and description of the outside caterer;

(b)the address of the premises from which the business of outside
catering is carried on;

(c)such other particulars as shall for the time being be prescribed.

(3) Every outside caterer shall, at such time and in such manner
as the Ministry may after consultation with the Board prescribe,
make application for registration in the financial year then next
following in the register of outside caterers. Such application shall
contain such particulars as may be so prescribed and shall be
accompanied by the amount of [the fee] payable under the provisions
of sub-section (5) of this section in respect of that financial
year on the annual registration certificate mentioned in sub-section
(4) of this section.

(4) Where an application is duly made to the Board for registration
in the register of outside caterers and the Board are satisfied
that the applicant carries on business as an outside caterer, the
Board shall register the applicant accordingly and shall issue to
the applicant a certificate (in this section referred to as an
"annual registration certificate") of such registration.

[(5) There shall be paid to the Board on every annual registration
certificate before the issue thereof the fee mentioned in paragraph
3 of the Second Schedule to this Act.]

(6)The following provisions of this Part of this Act, that is to
say

(7) In this section the expression "outside caterer" means a person
who carries on the business of providing, elsewhere than in premises
occupied by him, food for consumption and who provides services in
connection with such consumption.]

S.24 rep. by 1971 c.13 (NI) s.86(5) sch.12 Pt.I

Definition of local authorities.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 25

25.(1) Local authorities for the purposes of this Act shall be

Para.(a) rep. by 1972 NI20 art.12(2)

[(2) Any two or more local authorities may, with the approval of
the Ministry jointly determine that, as respects any land in their
areas specified by them, such one of the local authorities as they
may specify shall be the local authority for the purposes of this
Part, and the other authority shall thereupon cease to be the local
authority for the purposes of this Part in relation to that land.

(3) A determination for the purposes of sub-section (2) of this
section may be made so as to have effect for such period as may
be specified in the determination or for the purposes of any scheme
under section twenty-six of this Act or class of such scheme.]

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 26
Provision of amenities and services by local authorities.

26.(1) A local authority may in accordance with a scheme approved
by the [Ministry] themselves provide or assist either financially or
otherwise any other person or body in the provision of any [tourist
amenity].

(2) A scheme approved under this section may provide for the
acquisition (whether by agreement or compulsorily...), holding or
disposal of land by a local authority for the purposes of the
scheme.

(3) A scheme approved under this section may provide for the making
of charges (including ticket or admission fees, rents or other sums)
by the local authority or any other person or body in respect of
the [tourist amenity] provided thereunder or in connection therewith
and for the payment of any revenue derived therefrom to the credit
of, and for debiting any losses incurred thereunder or in connection
therewith to such fund or funds as may be specified in the scheme.

(4) The powers conferred on the local authority under or by virtue
of this section shall be exercisable notwithstanding any prohibition
or restriction contained in any enactment passed before the
commencement of this Act.

(5) A scheme approved under this section may be varied or modified
by a subsequent scheme so approved.

S.27 rep. by 1972 c.9 (NI) s.149(2) sch.9

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 28
Advertisements by local authorities.

28.(1) A local authority may either alone or in combination with
any other body (including the Board) advertise and expend money in
advertising by the insertion of advertisements in newspapers published
outside the area of the local authority or by placards, photographs,
cinematograph films (including sound films) or other forms of
advertisement, the advantages and amenities as a holiday, pleasure or
health resort of the area of the local authority or any part
thereof.

Subs.(2) rep. by SLR (NI) 1954

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 29
Grants to local authorities.

29.(1) For the purposes of this Part of this Act the Ministry
[after consultation with the Board] may make to a local authority...
a grant of such portion of the capital expenditure reasonably and
properly incurred by the local authority in connection with any
scheme duly approved under section twenty-six of this Act as the
Ministry with the approval of the Ministry of Finance may think
proper....

(2) In determining whether to give any grant under this section and
in considering the extent of any grant so to be given by it to
any local authority the Ministry shall have regard to

(a)the extent to which the scheme for the purposes of which the
grant is given will promote the development of tourist traffic or
encourage persons residing elsewhere to visit within the area of the
local authority;

(b)the revenue, if any, likely to be derived by the local authority
as a result of the scheme; and

(c)the circumstances which in the opinion of the Ministry render it
desirable to carry out the scheme.

(3) Grants payable under this section shall be paid at such times
in such manner and subject to such conditions as the Ministry with
the approval of the Ministry of Finance may determine.

(4) No grant shall be paid under this section in respect of any
matter in any case where a payment out of moneys provided by
Parliament [or out of the Consolidated Fund] is payable in respect
of that matter under any other enactment.

[(5) There shall be charged on and issued out of the Consolidated
Fund or (if the Ministry of Finance so directs) out of moneys
provided by Parliament, the sums required to defray grants made
under sub-section (1) of this section; so, however, that the
aggregate of the sums to be charged on and issued out of the
Consolidated Fund under this sub-section shall not unless and until
Parliament otherwise determines exceed [three million five hundred
thousand pounds].

(6) The Ministry of Finance may borrow money for the purpose of
providing for issues out of the Consolidated Fund under the last
preceding sub-section.

(7) Moneys borrowed under the last preceding sub-section shall be
repaid within any period or periods not exceeding fifteen years from
the date of borrowing, and provision for such repayment may be made
out of moneys provided by Parliament.]

S.30 rep. by 1972 NI20 art.12(2). S.31 rep. by 1949 c.21 (NI) s.23
sch.; 1953 c.13 (NI) s.4 sch.; 1972 c.9 (NI) s.149(2) sch.9

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 32
General provisions as to local authorities.

32.(1) Anything which under the provisions of this Part of this Act
may be done by a local authority may if the [Ministry] so approve
be done by any two or more local authorities acting in combination
with one another.

Subs.(2) rep. by 1972 NI20 art.12(2)

(3) The powers conferred on a local authority by this Act shall be
in addition to and not in derogation of any power conferred on
that authority under or by virtue of the Open Spaces Act, 1906, or
the Public Health Acts Amendment Act, 1907, or any other enactment.

Power of Ministry to make certain loans.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 33

33.(1) The Ministry [after consultation with the Board and the
Advisory Committee] may, subject to the provisions of this Act and
on such terms and conditions as to issue, repayment or otherwise as
may be specified in any loans scheme made by the Ministry with the
approval of the Ministry of Finance, make loans... for the purposes
of [furnishing, equipping] improving, altering, enlarging or
structurally modifying any registered catering establishment and, where
the Board certify that in their opinion the provision of additional
catering establishments is desirable, for the provision of such
establishments:

Proviso rep. by 1955 c.19 (NI) s.27 sch.4

(2) Applications for loans under this section shall be presented to
the Ministry in such manner and shall contain such particulars as
the Ministry with the approval of the Ministry of Finance may
direct.

(3) Any sums received in respect of the repayment of any loan made
by the Ministry under this section shall be paid to the Exchequer.

(4) Where the Ministry recommends that the whole or any part of
the principal or interest of any loan made under this section
should be written off by reason of the same not being likely to
be recovered the Ministry of Finance may direct that such amount
shall be written off and such amount shall be treated as a loss
to the Exchequer:

Provided that nothing in this sub-section shall alter the liability
of any person to pay the principal of or interest on any such
loan or part thereof and any sum afterwards recovered whether for
principal or interest in respect of the amount so written off shall
be paid to the Exchequer.

[(4A) Subject to sub-section (4B), where any instalment of principal
or interest or both principal and interest due on foot of any loan
made under this section is more than thirty-one days in arrear
additional interest at such rate as may from time to time be
determined by an order made by the Department of Finance subject to
negative resolution shall, notwithstanding any enactment or rule of
law to the contrary, be chargeable on that instalment as from the
date on which it fell due and shall be recoverable therewith.

(4B) The Department may, with the approval of the Department of
Finance, in such cases as it thinks fit waive the payment of such
additional interest as is mentioned in sub-section (4A).]

(5) The Ministry shall keep such accounts of loans made under this
section as the Ministry of Finance may approve and such accounts
shall be audited by the Comptroller and Auditor-General and shall
together with a report thereon be laid before Parliament and the
Ministry shall lay annually before Parliament a statement of all
losses caused to the Exchequer by reason of the principal or
interest of any loan being written off.

[(6) Loans made by the Ministry under this section shall be charged
on and issued out of the Consolidated Fund or (if the Ministry of
Finance so directs) out of moneys provided by Parliament, so,
however, that the aggregate of the sums to be charged on and
issued out of the Consolidated Fund under this sub-section shall
not, unless and until Parliament otherwise determines, exceed [two
million five hundred thousand pounds].

(7) The Ministry of Finance may borrow money for the purpose of
providing for issues out of the Consolidated Fund under the last
preceding sub-section.

(8) Moneys borrowed under the last preceding sub-section shall be
repaid within any period or periods not exceeding fifteen years from
the date of borrowing and provision for such repayment may be made
out of moneys provided by Parliament.]

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 34
Power to make regulations.

34.(1) The Ministry may make regulations prescribing anything which
by this Act is to be prescribed and generally for carrying this
Act into effect.

(2) All regulations made under this Act shall, so soon as may be
after they are made, be laid before each House of Parliament. If
either House of Parliament within the statutory period next after
any regulation made as aforesaid has been laid before such House,
resolves that the regulation shall be annulled, the regulation shall,
after the date of the resolution, be void, but without prejudice to
the validity of anything previously done thereunder or to the making
of a new regulation.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 35
Interpretation.

35.(1) In this Act the following expressions shall, except where the
contrary intention appears, have the meanings hereby assigned to
them, that is to say:

"annual registration certificate" has the meaning assigned to it by
sub-section (2) of section twelve of this Act;

"Board" means the Northern Ireland Tourist Board established under
section one of this Act;

"enactment" includes any provision in any Act (whether public
general, local or private) of the Parliament of Northern Ireland or
of the Parliament of the United Kingdom and any provision contained
in any Order in Council, order, regulation, rule, scheme, byelaw, or
other instrument made under or by virtue of any such Act;

"financial year" means a period of twelve months ending on the
thirty-first day of March;

"local authority" means a local authority designated by section
twenty-five of this Act as a local authority for the purposes of
Part III of this Act;

"Ministry" has the meaning assigned to it by section two of this
Act;

"prescribed" means prescribed by the Ministry by regulations made
under this Act;

"registered catering establishment" means a catering establishment
registered in a register kept under this Act;

"registered proprietor" means a person who is entered in a register
as the proprietor of a catering establishment registered in that
register; and

"statutory period" means...

definition in 1954 c.33 (NI) s.41(2) substituted by 1979 NI12 art.10

Short title.

DEVELOPMENT OF TOURIST TRAFFIC ACT (NORTHERN IRELAND) 1948 - SECT 36

36. This Act may be cited as the Development of Tourist Traffic
Act (Northern Ireland), 1948.

It shall be lawful for the Board to do all or any of the
following things, that is to say:

(a)either alone or in combination with any other person or body
compile or acquire information relating to the means of travelling
to and from and in Northern Ireland, and furnish such information
to any person who is likely to be interested therein, and compile
or acquire and publish any information which is likely to assist in
performance of the duties of the Board and make charges for any
information so furnished or published;

(b)advise persons residing outside Northern Ireland in travelling to
and in matters concerning holidays in Northern Ireland and during
their sojourn in Northern Ireland;

(c)provide or assist financially or otherwise in providing sports,
amusements or other attractions which appear to the Board to be
calculated to improve tourist traffic;

(d)provide or assist in providing schemes for the training of
persons to do work which is wholly or mainly connected with tourist
traffic;

(e)establish or assist [financially or otherwise] in establishing any
form of agency in connection with tourist traffic;

(f)improve and maintain amenities and conditions which appear to the
Board to be likely to affect tourist traffic;

(g)purchase, take on lease or in exchange, hire or otherwise acquire
any real or personal property and any rights or privileges which
the Board may think necessary or convenient for the promotion of
their objects, and construct, maintain and alter any buildings or
erections necessary or convenient for the work of the Board [or
which in the opinion of the Board would provide or improve tourist
amenities in Northern Ireland;]

(h)sell, let, mortgage, dispose of or turn to account all or any
of the property or assets of the Board and to do any of these
things in favour of any authority or person as may be thought
expedient;

(i)make to any association or body having as its main object the
encouragement and development of tourist traffic in Northern Ireland
contributions to be used for the purposes of such encouragment and
development, the amount of such contributions to be approved by the
Ministry;

(j)accept gifts and donations and undertake and execute any trusts
which may lawfully be undertaken by the Board and may be conducive
to their objects;

(k)borrow or raise money on such terms and on such security and
for such purposes as the Ministry after consultation with the
Ministry of Finance may approve;

(l)invest the moneys of the Board not immediately required for the
purposes of the Board in or upon such investments, securities or
property as the Ministry after consultation with the Ministry of
Finance may approve;

<(m)make known the assistance and facilities which may be provided to local authorities and other persons under this Act;

(n)generally assist in making Northern Ireland attractive to visitors
by encouraging the improvement and extension of every branch of
service ordinarily rendered to visitors.

[1.(1) The amount of [the fee] payable in respect of any annual
registration certificate issued under section twelve of this Act
shall be [five pounds] or [one percent] of the net annual value of
the premises to which the certificate relates, whichever is the
greater, but shall not exceed the sum of [one hundred pounds].]

[(2) In calculating the amount of [a fee] payable in accordance
with the preceding provisions of this paragraph by reference to a
percentage of the net annual value of the premises, any sum less
than [5p] shall be left out of account.

(3) Notwithstanding anything in the preceding provisions of this Act,
such registration certificates as aforesaid [shall bear such
indication of the payment of fees] under this paragraph as the
[Board] may consider appropriate.]

2. In calculating the amount of any [fee] [payable in accordance
with paragraph 1 of this Schedule] the net annual value of any
catering establishment shall be taken to mean the aggregate net
annual value of all hereditaments... comprised in that establishment
as shown in [the valuation list under the Rates (Northern Ireland)
Order 1977 at the beginning of the financial year] immediately
preceding that in respect of which [the fee] is payable:

Provided that

(a)in the case of any catering establishment not comprised in any
hereditament appearing in [the valuation list at the beginning of]
the said immediately preceding financial year the net annual value
shall be such amount as the Commissioner of Valuation certifies
would have been placed on such establishment had an application been
made for its valuation as a separate hereditament [at the beginning
of that year];

(b)in any case where a catering establishment forms part of a
hereditament also used for the purposes of any other business or
businesses and, within one month before the expiration of the said
immediately preceding financial year, an application is made to the
Commissioner of Valuation to have the catering establishment valued
as a separate hereditament, the net annual value shall for the
purposes of this Schedule be taken to be such amount as the
Commissioner of Valuation certifies to be the valuation of the
premises as a separate hereditament;

(c)where in the opinion of the Commissioner of Valuation it is not
possible to fix a separate valuation in respect of a catering
establishment which forms part of a rateable hereditament, the net
annual value of the catering establishment shall for the purposes of
this Schedule be taken to be such amount as the Commissioner of
Valuation certifies to bear the same proportion to the net annual
value of the hereditament as the gross receipts of the catering
establishment bear to the total gross receipts of all the businesses
carried on in the hereditament.

[3. The amount of [the fee] payable in respect of any annual
registration certificate issued to an outside caterer under section
23A of this Act shall be one pound.]