First Previous (PART II. Licences and Auction Permits.) Next (PART IV. Deposits.)

10 1947

AUCTIONEERS AND HOUSE AGENTS ACT, 1947

PART III.

Certificates of Qualification to Hold an Auctioneer's or House Agent's Licence.

Application for certificate of qualification.

11. —(1) An intending applicant for a certificate of qualification in respect of a particular business shall—

(a) cause to be inserted, at least twenty-eight days before the making of the intended application, in a newspaper circulating in the district court area in which he proposes to have his principal place of business in the State, notice of his intention to make the application,

(b) give to the Superintendent of the Garda Síochána, within whose district he proposes to have his principal place of business in the State, at least twenty-eight days' notice in writing of his intention to make the application.

(2) A notice under subsection (1) of this section shall specify—

(a) the name of the applicant and, if the applicant is an unincorporated body, the names of its members,

(b) the name under which the applicant proposes to carry on business and the address at which he proposes to have his principal place of business in the State,

(c) the time and place at which he intends to make the application.

(3) Every application for a certificate of qualification in respect of a particular business shall be made to a district justice having jurisdiction—

(i) if the applicant proposes to carry on the business in one district court area only—in that district court area,

(ii) if the applicant proposes to carry on the business in more than one district court area—in the district court area in which he proposes to have his principal place of business.

(4) On the hearing of an application for a certificate of qualification any member of the Garda Síochána not below the rank of Inspector and any person who appears to the district justice hearing the application to be interested therein may appear and be heard in relation to the application and may adduce evidence in support of his submissions to the Court.

(5) An objection to an application for a certificate of qualification shall not be entertained by the Court unless the intending objector has, at least seven days before the hearing of the application, given notice in writing of the grounds of his objection to the applicant and the district court clerk.

Grant of certificates of qualification.

12. —(1) Where an application for a certificate of qualification to carry on the business of auctioneer or a certificate of qualification to carry on the business of house agent is duly made to a district justice, the justice shall, subject to section 13 of this Act, grant the certificate to the applicant.

(2) A certificate of qualification shall specify the name under which the holder may be licensed to carry on business.

Grounds for refusal of a certificate of qualification.

13. —An application for a certificate of qualification may be refused on any of the following grounds:—

(a) that the applicant is not a fit and proper person to hold a certificate,

(b) that the applicant is an undischarged bankrupt or arranging debtor,

(c) that the applicant is under the age of twenty-one years,

(d) that the applicant is disqualified under section 18 of this Act from holding an auctioneer's licence or a house agent's licence,

(e) that an auctioneer's licence or house agent's licence previously held by the applicant has been suspended or cancelled under section 18 of this Act,

(f) that an individual responsible or proposed to be responsible for the management of the applicant's business, and also, in the case of an unincorporated body, that any individual member of the body, is a person whose application might be refused under this section if he himself applied for a certificate of qualification.