First Previous (PART I. Preliminary and General.) Next (PART III. Certificates of Qualification to Hold an Auctioneer's or House Agent's Licence.)

10 1947

AUCTIONEERS AND HOUSE AGENTS ACT, 1947

PART II.

Licences and Auction Permits.

Restrictions on acting as auctioneer.

6. —(1) Subject to subsection (2) of this section—

(a) no person shall, on or after the operative date, carry on or hold himself out or represent himself as carrying on the business of auctioneer except under and in accordance with a licence under section 8 of this Act,

(b) no person shall, on or after the operative date, conduct an auction except under and in accordance with a licence under section 8, or a permit under section 9 , of this Act.

(2) Subsection (1) of this section does not apply to—

(a) an auction conducted by an officer of customs and excise by direction of the Revenue Commissioners,

(b) an auction conducted by, or by an officer of, a sheriff, under-sheriff, or county registrar,

(c) an auction conducted by a collector of income tax or his deputy under the Income Tax Acts,

(d) an auction, under any enactment relating to distress in respect of rates, conducted by a rate collector,

(e) an auction conducted under a power of sale conferred by paragraph 8 of section 19 of the Summary Jurisdiction (Ireland) Act, 1851, or section 71 of the Towns Improvement (Ireland) Act, 1854,

(f) an auction of wreck conducted by a receiver of wreck under a power of sale conferred on him by Part IX of the Merchant Shipping Act, 1894,

(g) an auction of fresh fish,

(h) an auction of State property conducted by an officer of the State,

(i) an auction conducted by a person authorised by or under any enactment to do so without being licensed,

(j) an auction by any person of goods belonging solely to that person.

(3) A person who, in contravention of this section carries on or holds himself out or represents himself as carrying on the business of auctioneer or conducts an auction shall be guilty of an offence under this section and shall be liable on summary conviction thereof to an excise penalty of one hundred pounds.

Restrictions on acting as house agent.

7. —(1) Subject to subsection (2) of this section, no person shall, on or after the operative date, carry on or hold himself out or represent himself as carrying on the business of house agent or act as a house agent except under and in accordance with a licence under section 10 of this Act.

(2) Subsection (1) of this section does not apply to—

(a) a licensed auctioneer,

(b) a solicitor who is for the time being duly qualified to act as solicitor,

(c) a person acting as agent for a Minister of State, the Commissioners of Public Works in Ireland, the Irish Land Commission or any person authorised to acquire land compulsorily.

(3) A person who, in contravention of this section, carries on or holds himself out or represents himself as carrying on the business of house agent or acts as a house agent shall be guilty of an offence under this section and shall be liable on summary conviction thereof to an excise penalty of one hundred pounds.

Grant of auctioneer's licence.

8. —(1) The Revenue Commissioners shall grant to a person who applies therefor, in accordance with subsection (2) of this section, a licence to carry on the business of auctioneer under the name specified in the licence.

(2) An application for an auctioneer's licence shall be accompanied by—

(a) a certificate of qualification granted to the applicant not more than twenty-eight days before the date of the application,

(b) a certificate of the Accountant of the Courts of Justice granted not more than twenty-eight days before the date of the application that the applicant maintains in the High Court a deposit and, where the deposit is a guarantee bond, that it covers the whole of the period for which the licence is to be granted, and

(c) the excise duty payable on an auctioneer's licence.

(3) An auctioneer's licence shall—

(a) specify the name under which the licensee is authorised to carry on business,

(b) commence on the date specified in that behalf therein, and

(c) if not previously cancelled, continue in force (subject to the power of suspension contained in section 18 of this Act) until the 5th day of July next following.

(4) An auctioneer's licence shall authorise one named individual (being either the licensee or some individual nominated by him) to conduct auctions on behalf of the licensee.

(5) The Revenue Commissioners shall, at the request of a licensee, cancel his auctioneer's licence.

Grant of auction permit.

9. —(1) Whenever a licensed auctioneer applies to the Revenue Commissioners for an auction permit, the Revenue Commissioners shall grant—

(a) if the applicant is an individual—either, as he shall request,

(i) a permit to the applicant to conduct auctions on his own behalf, or

(ii) a permit to an individual nominated by the applicant to conduct auctions on behalf of the applicant,

(b) if the applicant is a body corporate or an unincorporated body of persons—a permit to an individual nominated by such body to conduct auctions on their behalf.

(2) An application under subsection (1) of this section shall be accompanied by the excise duty payable on an auction permit.

(3) An auction permit shall—

(a) commence on the date specified in that behalf therein, and

(b) if not previously cancelled, continue in force (subject to the power of suspension contained in section 18 of this Act) until

(i) the 5th day of July next following or

(ii) the cancellation of the auctioneer's licence held by the person on whose behalf the permit was granted,

whichever is the sooner.

(4) The Revenue Commissioners shall, at the request of a licensed auctioneer, cancel a specified auction permit granted on his behalf.

Grant of house agent's licence.

10. —(1) The Revenue Commissioners shall grant to a person who applies therefor, in accordance with subsection (2) of this section, a licence to carry on the business of house agent under the name specified in the licence.

(2) An application for a house agent's licence shall be accompanied by—

(a) a certificate of qualification granted to the applicant not more than twenty-eight days before the date of the application,

(b) a certificate of the Accountant of the Courts of Justice granted not more than twenty eight days before the date of the application that the applicant maintains in the High Court a deposit and where the deposit is a guarantee bond, that it covers the whole of the period for which the licence is to be granted, and

(c) the excise duty payable on a house agent's licence.

(3) A house agent's licence shall—

(a) specify the name under which the licensee is authorised to carry on business,

(b) commence on the date specified in that behalf therein, and

(c) if not previously cancelled, continue in force (subject to the power of suspension contained in section 18 of this Act) until the 5th day of July next following.

(4) The Revenue Commissioners shall, at the request of a licensee, cancel his house agent's licence.