Trading Licences (Amendment) Regulations, 2004

L.N. 303 of 2004

TRADING LICENCES ACT, 2001

Trading Licences (Amendment) Regulations, 2004

IN exercise of the powers conferred by articles 17 and 28 of the

Trading Licences Act, 2001, the Minister for Competitiveness and

Communications has made the following regulations> -

(1) The title of these regulations is the Trading Licences

(Amendment) Regulations, 2004 and they shall be read and construed

as one with the Trading Licences Regulations, 2002, hereinafter

referred to as “the principal regulations”.

(2)

These regulations shall come into force on the 1st

June, 2004.

Immediately after regulation 37 of the principal regulations

there shall be added the following new regulations>-

“PART IV A

Registration of Persons Carrying Out a Commercial

Activity

Registration

37A. (1) No person shall carry out any commercial

of persons.

activity unless such person is qualified to be registered

and is so registered in accordance with the provisions of

this Part>

Provided that such registration shall not be required

where>-

(a) such commercial activity is licensed under

the provisions of regulations 5, 25, 26, 32 or 33 of

these regulations< or

(b) such persons carry out a commercial

activity which is regulated under any other Act, or

are required to hold a licence or warrant thereunder.

(2) The provisions of subregulation (1) hereof shall

also apply in relation to any person who manages a

commercial activity on behalf of any other person licensed

under regulation 5 of these regulations and who is not

covered by a contract of employment.

(3) As from such date as the Minister may by Order

in the Gazette establish, a person shall be deemed to be

qualified for registration if such a person is in possession

of a certificate of competence as may be prescribed>

Provided that if it is shown to the satisfaction of the

Trade Licensing Unit that, before such date that person

had been carrying out the commercial activity for which

he intends to be registered, he shall not be required to

possess such a certificate of competence.

(4) A registration under this Part shall be personal

and non-transferable.

37B. (1) Any person who is qualified to be

Application

registered to carry out acts of trade, shall make an

registration.

application for registration on the appropriate form to the

Trade Licensing Unit.

(2) An application for registration shall contain the

following information, if applicable>

(a)

the name of the applicant<

(b)

the residential address of the applicant<

(c) the identity document number or any other

means of identification of the applicant<

(d)

the nature of the commercial activity<

(e) any certification of competence or other

relevant qualification held by applicant, or

documentation to prove the carrying out of a

commercial activity as is referred to in the proviso to

sub-regulation 37A(3)<

(f)

the date of application.

(3) The applicant shall submit with the application

form, two recent passport size photographs of himself.

37C. (1) Where an application is made under the

provisions of this Part and further documentation or

registration.

information is required in relation to such an application,

the Trade Licensing Unit may, within ten days from the

filing of such application, require in writing the production

of such further documentation or information and it may

in its request grant the applicant such time as it may deem

necessary to provide such documentation or information.

(2) The Trade Licensing Unit shall, within eight

weeks from the filing of the application, issue a registration

card to the applicant.

(3) If any additional documentation or information

is requested in terms of sub-regulation (1) above, and the

applicant does not provide the documentation or

information within the time granted for its submission, the

period of eight weeks stipulated in sub-regulation (2) above

shall commence to run from the date of actual submission

of such document or information.

(4) The registration card shall be issued in the name

of an individual personally and shall be issued by reference

to the category and type of the commercial activity as

shown in the First Schedule to these regulations.

37D. (1) The Trade Licensing Unit shall keep a

Register of all persons who are registered and hold a valid

registration card.

(2) The Register shall show in respect of each

registered person the following particulars, if applicable>

(a)

the name of the registered person<

(b)

the residential address of the registered

person<

(c)

the registration card number<

(d) the identity document number or any other

means of identification<

(e)

the nature of the commercial activity<

(f) any certification of competence or other

relevant qualification held by applicant, or

documentation to prove the carrying out of a

commercial activity as is referred to in the proviso to

sub-regulation 37A(3)<

(g)

the date of registration.

(3) The registration regulated under this Part is

specifically intended for purposes of notification.

(4) Registered persons shall be registered under the

appropriate heading of the commercial activity as shown

in the First Schedule to these regulations.

(5) Any registered person shall be entitled to

describe himself to be registered to carry out the

commercial activity for which he is so registered.

(6) The Trade Licensing Unit shall annually publish

in the Gazette a list of persons registered during the twelve

months following the publication of such previous list

indicating their name, the commercial activity and the

registration card number.

(7) The Register shall be open for public inspection

at such time as may be determined.

37E. There shall be payable to the Trade Licensing

Unit for the registration of a commercial activity under

this Part, and thereafter annually on the 1st day of January,

the fee of Lm 25.

37F. The provisions of regulations 12 (1), 13, 17,

provisions. 21, 23 and 24 of these regulations, insofar as they are

applicable shall mutatis mutandis apply to the registration

of a commercial activity under this Part.

PART IV B

Qualification of Licencees

37G. (1) As from such date as the Minister may

by Order in the Gazette establish, no person shall be eligible

to possess a licence under the provisions of regulations 5,

25 or 26 of these regulations, unless he satisfies the

requirements established under the following provisions

of this regulation in relation to qualification.

(2) For the purposes of subregulation (1) hereof, a

person shall be deemed to be eligible to possess a licence

if such a person is in possession of a certificate of

competence as may be prescribed>

Provided that, if it is shown to the satisfaction of the

Trade Licensing Unit that, before such date such a person

had been carrying out the commercial activity for which

he intends to be licensed, he shall not be required to possess

such a certificate of competence.