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LRC Revised Act

Number 24 of 1939

TOURIST TRAFFIC ACT 1939

REVISED

Updated to 1 June 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Tourist Traffic Act 1939

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Finance (Provision of Access to Cash Infrastructure) Act 2025

(4/2025), enacted 20 May 2025, and all statutory

instruments up to and including the

Agriculture, Food and the Marine (Delegation of Ministerial Functions) Order 2025

(S.I. No. 244 of 2025), made 4 June 2025, were

considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

24

of

1939

TOURIST TRAFFIC ACT 1939

REVISED

Updated to 1 June 2025

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title.

2.

Definitions.

3.

Expenses.

PART II.

Establishment and General Powers of the Irish Tourist Board.

4.

Constitution of the Irish

Tourist Board.

(Repealed)

5.

Disqualification of members of

Board from being members of the Oireachtas.

(Repealed)

6.

Common seal of the

Board.

(Repealed)

7.

Removal of members of the

Board.

(Repealed)

8.

Resignation and

disqualification of members of the Board.

(Repealed)

9.

Meetings and procedure of the

Board.

(Repealed)

10.

Accounts and audits.

(Repeaed)

11.

Officers and servants of the

Board.

(Repealed)

12.

Exercise of functions of Board

through its officers.

(Repealed)

13.

Disclosure of interest in

contract.

(Repealed)

14.

General powers of the

Board.

(Repealed)

15.

Non-repayable grant to the

Board.

(Repealed)

16.

Repayable advances to the

Board.

(Repealed)

17.

Payment of interest on

repayable advances.

(Repealed)

18.

Repayment of repayable

advances.

(Repealed)

19.

Compulsory acquisition of

land, etc., by the Board.

20.

Regulations.

21.

Furnishing of information by

the Board to the Minister.

(Repealed)

22.

Annual report, statistics and

returns.

(Repealed)

PART III.

Registration of Premises.

23.

Definitions for the purposes of Part III.

24.

The registers and their contents.

25.

Eligibility for registration in the respective registers.

25A.

Caravans and camping sites

26.

Applications for registration.

27.

Registration of premises.

28.

Duration of registration.

29.

Applications for renewal of registration.

30.

Renewal of registration.

31.

Registration certificates.

32.

Amendment of register in certain circumstances.

33.

Restriction on describing premises as a hotel.

34.

Restriction on describing premises as a guest house.

35.

Restriction on describing premises as a holiday hostel, etc.

36.

Restriction on describing premises as a youth hostel.

37.

Restriction on describing premises as a holiday camp.

37A.

Motor Hotels.

37B.

Caravan sites and camping sites.

37C.

Misrepresentation of

unregistered premises.

37D.

Register of holiday apartments.

38.

Exemptions.

39.

Grades.

40.

Devolution and transfer of registered premises.

41.

Inspection.

42.

Evidence of the contents of registers.

43.

Display of charges.

44.

External signs.

45.

Annual list of registered premises.

46.

Service of notices.

47.

Offences.

PART IV.

Establishment of Special Areas.

48.

Areas to which this Part of this Act applies.

49.

Conferring of powers on the Board in respect of areas to which this Part of this Act

applies.

50.

Amendment and revocation of orders under this Part of this Act.

51.

Laying of orders under this Part of this Act before Houses of the Oireachtas.

PART V.

Amendment of the Tourist Traffic (Development) Act

, 1931.

52.

Amendment of the Tourist Traffic (Development) Act, 1931.

Acts Referred to

Local Authorities (Officers and Employees) Act, 1926

No. 39 of 1926

Town and Regional Planning Act, 1934

No. 22 of 1934

Tourist Traffic (Development) Act, 1931

No. 15 of 1931

Number

24

of

1939

TOURIST TRAFFIC ACT 1939

REVISED

Updated to 1 June 2025

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE ENCOURAGEMENT AND DEVELOPMENT

OF THE TOURIST TRAFFIC, AND FOR THAT PURPOSE TO ESTABLISH A BOARD HAVING POWERS OF

REGULATION, REGISTRATION, AND CONTROL IN MATTERS RELATING TO THE TOURIST TRAFFIC AND,

IN PARTICULAR, THE ACCOMMODATION AND ATTRACTIONS AVAILABLE FOR TOURISTS, AND TO PROVIDE

FOR THE CHARGING OF FEES BY SUCH BOARD IN RESPECT OF REGISTERS KEPT BY THEM, AND TO

PROVIDE FOR DIVERS MATTERS ANCILLARY TO OR CONNECTED WITH THE MATTERS AFORESAID. [27

th July

, 1939.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text)

C1

Functions transferred and

references to Minister for and Department of

Tourism, Culture, Arts, Gaeltacht,

Sport and Media

construed as

Enterprise, Trade and Employment

(1.06.2025) by

Tourism (Transfer of Departmental Administration and Ministerial

Functions) Order 2025

(S.I. No. 174 of 2025), arts. 2 and 3, in effect as

per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of

Enterprise, Trade and Employment

(2) References to the

Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any

Act or any instrument made under an Act and relating to any administration and

business transferred by paragraph (1) shall, from the commencement of this Order,

be construed as references to the Department of Enterprise, Trade and

Employment.

3. (1) The functions vested

in the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by or under

the provisions of the—

(

a

) Tourist Traffic

Act 1939 (No. 24 of 1939),

(

b

) National Tourism

Development Authority Act 2003 (No. 10 of 2003), and

...

are transferred to the

Minister for Enterprise, Trade and Employment.

...

The history of the Ministers

concerned with the collectively cited

Tourist Traffic Acts

can be traced as

follows

• Functions transferred and

references to Minister for

Industry and Commerce

construed as

Transport

and Power

(31.10.1961) by

Transport, Fuel and Power (Transfer of

Departmental Administration and Ministerial Functions) (No. 2) Order 1961

(S.I. No. 246 of 1961);

• Functions transferred and

references to Minister for

Transport and Power

construed as

Tourism and

Transport

(23.09.1977) by

Transport and Power (Alteration of Name of

Department and Title of Minister) Order 1977

(S.I. No. 305 of 1977), in

effect as per art. 1(2);

• Functions transferred and

references to Minister for

Tourism and Transport

construed as

Industry,

Commerce and Tourism

(24.01.1980) by

Tourism (Transfer of Departmental

Administration and Ministerial Functions) Order 1980

(S.I. No. 8 of 1980),

arts. 3 and 4, in effect as per art. 1(2);

• Name of Minister for

Industry, Commerce and Tourism

changed to

Trade, Commerce and

Tourism

(21.08.1981) by

Industry, Commerce and Tourism (Alteration of

Name of Department and Title of Minister) Order 1981

(S.I. No. 290 of

1981), in effect as per art. 1(2);

• Name of Minister for

Trade, Commerce and Tourism

changed to

Industry, Trade, Commerce and

Tourism

(17.12.1983) by

Trade, Commerce and Tourism (Alteration of Name

of Department and Title of Minister) Order 1983

(S.I. No. 384 of 1983), in

effect as per art. 1(2);

• Functions transferred and

references to Minister for

Industry, Trade, Commerce and Tourism

construed

as

Fisheries and Forestry

(18.02.1986) by

Tourism (Transfer of

Departmental Administration and Ministerial Functions) Order 1986

(S.I. No.

42 of 1986), in effect as per art. 1(2);

• Name of Minister for

Fisheries and Forestry

changed to

Tourism, Fisheries and Forestry

(19.02.1986) by

Fisheries and Forestry (Alteration of Name of Department and

Title of Minister) Order 1986

(S.I. No. 40 of 1986), in effect as per art.

1(2);

• Name of Minister for

Tourism, Fisheries and Forestry

changed to the

Marine

(19.03.1987) by

Tourism, Fisheries and Forestry (Alteration of Name of

Department and Title of Minister) Order 1987

(S.I. No. 82 of 1987), in

effect as per art. 1(2);

• Functions transferred and

references to Minister for the

Marine

construed as

Tourism and

Transport

(31.03.1987) by

Tourism (Transfer of Departmental

Administration and Ministerial Functions) Order 1987

(S.I. No. 95 of 1987),

in effect as per art. 1(2);

• Name of Minister for

Tourism and Transport

changed to

Tourism, Transport and

Communications

(7.02.1991) by

Tourism and Transport (Alteration of Name

of Department and Title of Minister) Order 1991

(S.I. No. 25 of 1991), in

effect as per art. 1(2);

• Functions transferred and

references to Minister for

Tourism, Transport and Communications

construed

as

Energy

(20.01.1993) by

Tourism (Transfer of Departmental

Administration and Ministerial Functions) Order 1993

(S.I. No. 15 of 1993;

• Name of Minister for

Energy

changed to

Tourism and Trade

(20.01.1993) by

Energy

(Alteration of Name of Department and Title of Minister) Order 1993

(S.I.

No. 16 of 1993), in effect as per art. 1(2);

• Name of Minister for

Tourism and Trade

changed to

Tourism, Sport and Recreation

(12.07.1997) by

Tourism and Trade (Alteration of Name of Department and Title

of Minister) Order 1997

(S.I. No. 304 of 1997), in effect as per art.

1(2);

• Name of Minister for

Tourism, Sport and Recreation

changed to

Arts, Sport and Tourism

(19.06.2002) by

Tourism, Sport and Recreation (Alteration of Name of Department

and Title of Minister) Order 2002

(S.I. No. 309 of 2002), in effect as per

art. 1(2);

• Name of Minister for

Arts, Sport and Tourism

changed to

Tourism, Culture and Sport

(2.05.2010) by

Arts, Sport and Tourism (Alteration of Name of Department and

Title of Minister) Order 2010

(S.I. No. 178 of 2010), in effect as per art.

1(2);

• Functions transferred and

references to Minister for

Tourism, Culture and Sport

construed as

Transport

(1.04.2011) by

Tourism and Sport (Transfer of Departmental

Administration and Ministerial Functions) Order 2011

(S.I. No. 140 of 2011,

in effect as per art. 1(2);

• Name of Minister for

Transport

changed to

Transport, Tourism and Sport

(2.04.2011) by

Transport (Alteration of Name of Department and Title of Minister) Order

2011

(S.I. No. 141 of 2011), in effect as per art. 2(1);

• Functions transferred and

references Minister for

Transport, Tourism and Sport

construed as

Culture, Heritage and the Gaeltacht

(16.09.2020) by

Tourism and Sport

(Transfer of Departmental Administration and Ministerial Functions) Order

2020

(S.I. No. 356 of 2020), in effect as per art. 1(2;

• Name of Minister for

Culture, Heritage and the Gaeltacht

changed to

Tourism, Culture,

Arts, Gaeltacht, Sport and Media

(30.09.2020) by

Culture, Heritage and

the Gaeltacht (Alteration of Name of Department and Title of Minister) Order

2020

(S.I. No. 403 of 2020), in effect as per art. 1(2);

• Functions transferred and

references to Minister for

Tourism, Culture, Arts, Gaeltacht, Sport and

Media

construed as

Enterprise, Trade and Employment

(1.06.2025) by

Tourism (Transfer of Departmental Administration and Ministerial Functions)

Order 2025

(S.I. No. 174 of 2025), in effect as per art. 1(2).

Annotations

Modifications (not altering text)

C1

Functions transferred and

references to Minister for and Department of

Tourism, Culture, Arts, Gaeltacht,

Sport and Media

construed as

Enterprise, Trade and Employment

(1.06.2025) by

Tourism (Transfer of Departmental Administration and Ministerial

Functions) Order 2025

(S.I. No. 174 of 2025), arts. 2 and 3, in effect as

per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of

Enterprise, Trade and Employment

(2) References to the

Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any

Act or any instrument made under an Act and relating to any administration and

business transferred by paragraph (1) shall, from the commencement of this Order,

be construed as references to the Department of Enterprise, Trade and

Employment.

3. (1) The functions vested

in the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by or under

the provisions of the—

(

a

) Tourist Traffic

Act 1939 (No. 24 of 1939),

(

b

) National Tourism

Development Authority Act 2003 (No. 10 of 2003), and

...

are transferred to the

Minister for Enterprise, Trade and Employment.

...

The history of the Ministers

concerned with the collectively cited

Tourist Traffic Acts

can be traced as

follows

• Functions transferred and

references to Minister for

Industry and Commerce

construed as

Transport

and Power

(31.10.1961) by

Transport, Fuel and Power (Transfer of

Departmental Administration and Ministerial Functions) (No. 2) Order 1961

(S.I. No. 246 of 1961);

• Functions transferred and

references to Minister for

Transport and Power

construed as

Tourism and

Transport

(23.09.1977) by

Transport and Power (Alteration of Name of

Department and Title of Minister) Order 1977

(S.I. No. 305 of 1977), in

effect as per art. 1(2);

• Functions transferred and

references to Minister for

Tourism and Transport

construed as

Industry,

Commerce and Tourism

(24.01.1980) by

Tourism (Transfer of Departmental

Administration and Ministerial Functions) Order 1980

(S.I. No. 8 of 1980),

arts. 3 and 4, in effect as per art. 1(2);

• Name of Minister for

Industry, Commerce and Tourism

changed to

Trade, Commerce and

Tourism

(21.08.1981) by

Industry, Commerce and Tourism (Alteration of

Name of Department and Title of Minister) Order 1981

(S.I. No. 290 of

1981), in effect as per art. 1(2);

• Name of Minister for

Trade, Commerce and Tourism

changed to

Industry, Trade, Commerce and

Tourism

(17.12.1983) by

Trade, Commerce and Tourism (Alteration of Name

of Department and Title of Minister) Order 1983

(S.I. No. 384 of 1983), in

effect as per art. 1(2);

• Functions transferred and

references to Minister for

Industry, Trade, Commerce and Tourism

construed

as

Fisheries and Forestry

(18.02.1986) by

Tourism (Transfer of

Departmental Administration and Ministerial Functions) Order 1986

(S.I. No.

42 of 1986), in effect as per art. 1(2);

• Name of Minister for

Fisheries and Forestry

changed to

Tourism, Fisheries and Forestry

(19.02.1986) by

Fisheries and Forestry (Alteration of Name of Department and

Title of Minister) Order 1986

(S.I. No. 40 of 1986), in effect as per art.

1(2);

• Name of Minister for

Tourism, Fisheries and Forestry

changed to the

Marine

(19.03.1987) by

Tourism, Fisheries and Forestry (Alteration of Name of

Department and Title of Minister) Order 1987

(S.I. No. 82 of 1987), in

effect as per art. 1(2);

• Functions transferred and

references to Minister for the

Marine

construed as

Tourism and

Transport

(31.03.1987) by

Tourism (Transfer of Departmental

Administration and Ministerial Functions) Order 1987

(S.I. No. 95 of 1987),

in effect as per art. 1(2);

• Name of Minister for

Tourism and Transport

changed to

Tourism, Transport and

Communications

(7.02.1991) by

Tourism and Transport (Alteration of Name

of Department and Title of Minister) Order 1991

(S.I. No. 25 of 1991), in

effect as per art. 1(2);

• Functions transferred and

references to Minister for

Tourism, Transport and Communications

construed

as

Energy

(20.01.1993) by

Tourism (Transfer of Departmental

Administration and Ministerial Functions) Order 1993

(S.I. No. 15 of 1993;

• Name of Minister for

Energy

changed to

Tourism and Trade

(20.01.1993) by

Energy

(Alteration of Name of Department and Title of Minister) Order 1993

(S.I.

No. 16 of 1993), in effect as per art. 1(2);

• Name of Minister for

Tourism and Trade

changed to

Tourism, Sport and Recreation

(12.07.1997) by

Tourism and Trade (Alteration of Name of Department and Title

of Minister) Order 1997

(S.I. No. 304 of 1997), in effect as per art.

1(2);

• Name of Minister for

Tourism, Sport and Recreation

changed to

Arts, Sport and Tourism

(19.06.2002) by

Tourism, Sport and Recreation (Alteration of Name of Department

and Title of Minister) Order 2002

(S.I. No. 309 of 2002), in effect as per

art. 1(2);

• Name of Minister for

Arts, Sport and Tourism

changed to

Tourism, Culture and Sport

(2.05.2010) by

Arts, Sport and Tourism (Alteration of Name of Department and

Title of Minister) Order 2010

(S.I. No. 178 of 2010), in effect as per art.

1(2);

• Functions transferred and

references to Minister for

Tourism, Culture and Sport

construed as

Transport

(1.04.2011) by

Tourism and Sport (Transfer of Departmental

Administration and Ministerial Functions) Order 2011

(S.I. No. 140 of 2011,

in effect as per art. 1(2);

• Name of Minister for

Transport

changed to

Transport, Tourism and Sport

(2.04.2011) by

Transport (Alteration of Name of Department and Title of Minister) Order

2011

(S.I. No. 141 of 2011), in effect as per art. 2(1);

• Functions transferred and

references Minister for

Transport, Tourism and Sport

construed as

Culture, Heritage and the Gaeltacht

(16.09.2020) by

Tourism and Sport

(Transfer of Departmental Administration and Ministerial Functions) Order

2020

(S.I. No. 356 of 2020), in effect as per art. 1(2;

• Name of Minister for

Culture, Heritage and the Gaeltacht

changed to

Tourism, Culture,

Arts, Gaeltacht, Sport and Media

(30.09.2020) by

Culture, Heritage and

the Gaeltacht (Alteration of Name of Department and Title of Minister) Order

2020

(S.I. No. 403 of 2020), in effect as per art. 1(2);

• Functions transferred and

references to Minister for

Tourism, Culture, Arts, Gaeltacht, Sport and

Media

construed as

Enterprise, Trade and Employment

(1.06.2025) by

Tourism (Transfer of Departmental Administration and Ministerial Functions)

Order 2025

(S.I. No. 174 of 2025), in effect as per art. 1(2).

Section

1.

Short title.

2.

Definitions.

3.

Expenses.

PART II.

Establishment and General Powers of the Irish Tourist Board.

4.

Constitution of the Irish

Tourist Board.

(Repealed)

5.

Disqualification of members of

Board from being members of the Oireachtas.

(Repealed)

6.

Common seal of the

Board.

(Repealed)

7.

Removal of members of the

Board.

(Repealed)

8.

Resignation and

disqualification of members of the Board.

(Repealed)

9.

Meetings and procedure of the

Board.

(Repealed)

10.

Accounts and audits.

(Repeaed)

11.

Officers and servants of the

Board.

(Repealed)

12.

Exercise of functions of Board

through its officers.

(Repealed)

13.

Disclosure of interest in

contract.

(Repealed)

14.

General powers of the

Board.

(Repealed)

15.

Non-repayable grant to the

Board.

(Repealed)

16.

Repayable advances to the

Board.

(Repealed)

17.

Payment of interest on

repayable advances.

(Repealed)

18.

Repayment of repayable

advances.

(Repealed)

19.

Compulsory acquisition of

land, etc., by the Board.

20.

Regulations.

21.

Furnishing of information by

the Board to the Minister.

(Repealed)

22.

Annual report, statistics and

returns.

(Repealed)

PART III.

Registration of Premises.

23.

Definitions for the purposes of Part III.

24.

The registers and their contents.

25.

Eligibility for registration in the respective registers.

25A.

Caravans and camping sites

26.

Applications for registration.

27.

Registration of premises.

28.

Duration of registration.

29.

Applications for renewal of registration.

30.

Renewal of registration.

31.

Registration certificates.

32.

Amendment of register in certain circumstances.

33.

Restriction on describing premises as a hotel.

34.

Restriction on describing premises as a guest house.

35.

Restriction on describing premises as a holiday hostel, etc.

36.

Restriction on describing premises as a youth hostel.

37.

Restriction on describing premises as a holiday camp.

37A.

Motor Hotels.

37B.

Caravan sites and camping sites.

37C.

Misrepresentation of

unregistered premises.

37D.

Register of holiday apartments.

38.

Exemptions.

39.

Grades.

40.

Devolution and transfer of registered premises.

41.

Inspection.

42.

Evidence of the contents of registers.

43.

Display of charges.

44.

External signs.

45.

Annual list of registered premises.

46.

Service of notices.

47.

Offences.

PART IV.

Establishment of Special Areas.

48.

Areas to which this Part of this Act applies.

49.

Conferring of powers on the Board in respect of areas to which this Part of this Act

applies.

50.

Amendment and revocation of orders under this Part of this Act.

51.

Laying of orders under this Part of this Act before Houses of the Oireachtas.

PART V.

Amendment of the Tourist Traffic (Development) Act

, 1931.

52.

Amendment of the Tourist Traffic (Development) Act, 1931.

Number

24

of

1939

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