OpenLegislation

Section 17 Registration of tourist accommodation.

(1)

Her Majesty may by Order in Council make provision for the registration by the Tourist BoardsF1and the National Assembly for Wales of, or of any class of, hotels and other establishments in Great Britain at which sleeping accommodation is provided by way of trade or business.

(2)

An Order under this section may in particular make provision—

(a)

as to the form and contents of the register or registers to be maintained under the Order and as to the establishments to be registered therein;

(b)

for requiring the person carrying on an establishment which is required to be registered to furnish, at such time or times as may be specified in the Order, to the body responsible for registering it such information as may be so specified;

(c)

for the charging of annual or other periodical fees for registration;

(d)

for the issue and display of certificates of registration and the display of signs indicating that an establishment is registered;

(e)

for the inspection of establishments and for powers of entry for that purpose;

(f)

for exemptions from any of the requirements of the Order;

C1(g)

for securing compliance with any requirement of the Order by the imposition of a penalty not exceeding a fine of £200.

(3)

If provision is made by an Order under this section for the classification or grading of the establishments entered in a register, the Order shall also make provision—

(a)

for requiring the criteria in accordance with which the classification or grading is carried out, so far as not prescribed by the Order, to be determined from time to time by the British Tourist Authority after consultation with the English Tourist Board, F2VisitScotland, the F3Wales Tourist BoardNational Assembly for Wales and such other organisations as appear to the Authority to be representative of trade and consumer interests likely to be affected;

(b)

for the publication of any criteria so determined;

(c)

for enabling the person carrying on an establishment registered with any Tourist BoardF4or the National Assembly for Wales to make representations to the Boardor (as the case may be) the Assembly before any classification or grade is accorded to the establishment and before its classification or grade is altered or cancelled.

C2(4)

An Order under this section may contain such supplementary and incidental provisions as appear to Her Majesty to be necessary or expedient, and may authorise the F5Secretary of State for Trade, the Secretary of State for Scotland and the F6Secretary of State for WalesNational Assembly for Wales to make regulations as respects England, Scotland and Wales respectively for such purposes of the Order as may be specified therein; and the M1Statutory Instruments Act 1946 shall apply in relation to any such regulations as if they were made under powers conferred by an Act of Parliament.

(5)

An Order under this section and any regulations made thereunder may make different provision for different cases and, in particular, provision may be made for an Order to come into force at different times in relation to, or to different parts of, England, Scotland and Wales respectively.

(6)

Any Order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked or varied by a subsequent Order under this section.

(7)

A Tourist Board maintaining a register by virtue of an Order under this section shall have power to publish, or make available for publication, any information furnished to it by virtue of the Order and any information as to any classification or grade accorded under the Order to any establishment; and such information may be published or made available for publication either gratuitously or for consideration.

F7(7A)

Subsection (7) applies in relation to the National Assembly for Wales if it is maintaining such a register as it applies in relation to a Tourist Board.

Annotations

Textual amendments

F1

Words in s. 17(1) inserted (E.W.) (23.11.2005) by Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 1 para. 6(1) (with art. 3(1))

F2

Words in Act substituted (E.W.) (29.3.2007) by Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007 (S.I. 2007/1103), art. 1(1), Sch. para. 1(2) and words substituted (S.) (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 1(2), 5(1); S.S.I. 2007/47, art. 2

F3

Words in s. 17(3)(a) substituted (E.W.) (23.11.2005) by Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 1 para. 6(2) (with art. 3(1))

F4

Words in s. 17(3)(c) inserted (E.W.) (23.11.2005) by Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 1 para. 6(2) (with art. 3(1))

F5

Words substituted by virtue of S.I. 1970/1537, arts. 2(1), 7(4), Sch. 2 para. 12 and 1974/692 arts. 2(1), 5(3), Sch. 1 Pt. III

F6

Words in s. 17(4) substituted (E.W.) (23.11.2005) by Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 1 para. 6(3) (with art. 3(1))

F7

S. 17(7A) added (E.W.) (23.11.2005) by Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 1 para. 6(4) (with art. 3(1))

Marginal citations

M1

1946 c. 36.

Modifications

C1

S. 17(2)(g): so far as conferring power to make a person, as regards any summary offence, liable on conviction to a maximum fine, s. 40 of Criminal Justice Act 1982 (c. 48, SIF 39:1) applies

C2

S. 17(4): modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1