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10 1947



Preliminary and General.

Short title.

1. —This Act may be cited as the Auctioneers and House Agents Act, 1947.


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.


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.


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.


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.