PART II

Licences

4. —A person shall not carry on business as a tour operator or hold himself out, by advertisement or otherwise, as carrying on such business unless he is the holder of a licence under this Act authorising the carrying on of such business.

5. —A person shall not carry on business as a travel agent or hold himself out, by advertisement or otherwise, as carrying on such business unless he is the holder of a licence under this Act authorising the carrying on of such business.

6. —(1) The Minister shall grant a licence to carry on business as a tour operator or as a travel agent to a person if he is satisfied that such person complies with the requirements of this Act.

(2) The Minister shall refuse a licence to carry on business as a tour operator or as a travel agent if he is not satisfied that such person complies with the requirements of this Act.

(3) Without prejudice to the generality of subsection (2) of this section, the Minister shall refuse a licence under this Act to a person if he is not satisfied that—

(a) the financial, business and organisational resources of such person and any financial arrangements made or to be made by him are adequate for discharging his actual and potential obligations in respect of the activities (if any) in which he is engaged or in which he proposes to engage if the licence is granted, or

(b) having regard to the past activities of such person or of any person employed by him or, if such person is a body corporate, having regard to the past activities of any director, secretary, shareholder, officer or servant of the body corporate, such person is a fit and proper person to carry on business as a tour operator or travel agent, as the case may be.

(4) A licence granted under this Act may contain such terms and conditions as the Minister may think appropriate and specifies in the licence.

(5) A licence granted under this Act shall remain in force for such period as the Minister thinks fit and specifies in the licence.

7. —The Minister may by regulations made under this section specify—

(a) the conditions that shall be complied with before a licence is granted under this Act,

(b) the manner in which applications for the grant of a licence under this Act shall be made,

(c) the nature and extent of the information required to be furnished by an applicant for the grant of a licence under this Act,

(d) the form in which an application for a licence under this Act shall be made,

(e) the form of licence to be granted under this Act,

(f) the manner in which members of the public shall be made aware that a tour operator or travel agent is the holder of a licence granted under this Act,

(g) the books, accounts and other records required to be maintained by the holder of a licence granted under this Act,

(h) the place where any books, accounts or other records required to be maintained pursuant to this Act shall be kept.

8. —(1) Where the holder of a licence is in breach of, or fails, neglects or refuses to comply with any term or condition of a licence under this Act, the Minister may—

(a) revoke the licence, or

(b) vary any term or condition of the licence.

(2) Notwithstanding the generality of subsection (1) of this section, the Minister may revoke, or vary the terms and conditions of, a licence granted under this Act if he is no longer satisfied that—

(a) the financial, business and organisational resources of the holder of the licence or any financial arrangements made by him are adequate for discharging his actual and potential obligations in respect of the business for which he has been granted a licence, or

(b) having regard to the manner in which the holder of the licence is carrying on his business, he is a fit and proper person to carry on business as a tour operator or travel agent.

9. —(1) Whenever the Minister proposes to revoke, other than pursuant to section 10 of this Act, or to vary the terms and conditions of, a licence granted under this Act, he shall notify the holder of the licence of his proposal and of the reasons for such proposal and shall, if any representations are made in writing by such holder within seven days, consider the representations.

(2) Whenever the Minister refuses to grant a licence or decides, having considered any representations that may have been made by the holder of a licence, to revoke the licence or to vary any term or condition of the licence, he shall notify the applicant for, or as the case may be, the holder of, the licence of the refusal or decision and such applicant or such holder may within seven days appeal to the High Court against such refusal or such decision.

(3) On the hearing of an appeal under this section in relation to a refusal to grant a licence under this Act or in relation to a decision of the Minister to revoke, or vary the terms and conditions of, a licence granted under this Act, the High Court may either confirm the refusal or decision or may allow the appeal and, where an appeal is allowed, the Minister shall grant the licence or shall not revoke, or vary the terms and conditions of the licence as the case may be.

(4) A decision of the High Court on an appeal under this section shall be final save that, by leave of that Court, an appeal from the decision shall lie to the Supreme Court on a specified question of law.

(5) An appeal shall not lie in any case where the Minister refuses to grant a licence to an applicant who does not comply with the provisions of section 13 of this Act or in any case where the Minister revokes a licence pursuant to section 10 of this Act.

(6) Where, after the commencement of Part III of this Act, a person appeals against a decision of the Minister to revoke or vary any term or condition of a licence or appeals against a refusal of the Minister to grant a licence, such person shall not, pending the determination of the appeal, carry on business as a tour operator or travel agent unless he complies with the provisions of section 13 of this Act.

10. —Where, owing to the failure or inability of a tour operator or travel agent to meet his financial or contractual obligations, any payment is or falls to be made pursuant to the Bond or from the Fund to a customer, the Minister shall forthwith revoke any licence granted under this Act.

11. —A person authorised by the Minister may at any time enter into any premises in which the Minister has reason to believe that a person is carrying on business as a tour operator or travel agent and there inspect and examine books, accounts or records required to be maintained pursuant to this Act.

12. —(1) The Minister may, by regulations, made with the consent of the Minister for Finance, specify the scale of fees payable in respect of applications for licences under this Act.

(2) The Minister may make such charges as he considers appropriate in relation to any matter connected with a licence under this Act and the amount of any such charge shall be determined by the Minister, after consultation with the Minister for Finance, and shall be specified in regulations made under subsection (1) of this section.

(3) All fees and charges payable under this Act shall be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance.

(4) The Public Offices Fees Act, 1879, shall not apply in respect of fees payable pursuant to this Act.