S.I. No. 61/2012 - Travel Agents (Licensing) (Amendment) Regulations, 2012.

1. This licence shall come into effect on ....................... and shall continue in force up to and including ..................................................................

2. This licence is non-transferrable.

3. (

a

) The Commission shall be advised immediately of the demise, removal or resignation of any director or partner of the licensee;

(

b

) Proposals for the appointment of additional directors or for changes in the directors of a company holding a licence or proposals for changes in the distribution of shares, or in the effective ownership or control of such company or of any partnership, or incorporated body holding a licence shall be notified to the Commission either before, or after, but not later than 7 days after, such changes become effective;

(

c

) Changes in the shareholders of a company shall be notified to the Commission either before, or after, but not later than seven days after, such changes have become effective.

4. The licensee shall notify the Commission of any new mortgages, liens, charges or other encumbrances made on the licensee during the period of validity of the licence.

5. The licensee shall comply with the provisions of the

Transport (Tour Operators and Travel Agents) Act, 1982

(No. 3 of 1982), and of all orders and regulations made thereunder relating to travel agents.

6. Copies of this licence and the conditions attaching thereto shall be displayed for the information of the public in a prominent position on all premises owned or occupied by the licensee and in which he carries on business.

7. The licensee shall maintain the following books, accounts and records in his principal place of business and shall make available copies or extracts on request to, and shall facilitate the entry and inspection of all such records and documentation by authorised officers of the Commission pursuant to section 11 of the Act:—

(

a

) annual accounts duly audited and certified or accounts exempted from audit if authorised in accordance with Regulation 7 of these Regulations;

(

b

) a record, which may be in ledger, computer or other form, of all daily receipts and expenditures, duly analysed by the different methods of receipt and payment (cash, cheque, debit card, credit card, electronic funds transfer, voucher or any other type of payment), including all monies paid on deposit;

(

c

) a full record of all bank lodgements and other transactions including cash and credit transactions from which regular financial information can be derived to ascertain the financial position of the business from time to time, and a regular and proper bank reconciliation;

(

d

) copies of all contracts entered by the licensee relevant to the business of the licensee and valid for the period of the licence.

8. A breach of any of the conditions set out herein may result in the revocation of this licence.

SPECIAL CONDITIONS

Dated this day of

For the Commission

An officer authorised in this behalf by the said Commission.”

GIVEN under the seal of the Commission for Aviation Regulation,

29 February 2012.

CATHAL GUIOMARD,

Member of Commission.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to amend the Travel Agents (Licensing) Regulations, 1993, allowing certain applicants to seek an exemption from the requirement to provide audited accounts in support of their application and also amending certain provisions relating to the information to be held and made available by travel agents. These regulations also revoke and replace with slight modifications the Travel Agents (Licensing) (Amendment) Regulations 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

2

nd March

, 2012.

The Commission for Aviation Regulation, in exercise of the powers conferred on it by

section 7

of the

Transport (Tour Operators and Travel Agents) Act, 1982

(No. 3 of 1982) pursuant to

section 9

of the

Aviation Regulation Act 2001

(No. 1 of 2001), hereby makes the following regulations