Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 409 · cap/409 (Cap. 409)

Cap. 409 Art. 47Power to make regulations.

PART IX

In KraftAmtlicher Text

(1) The Minister may, on the recommendation of the

Authority, make regulations to regulate or otherwise provide for any matter relating to tourism operations in order to give fuller effect to the provisions of this Act, and, in particular, he may by such regulations -

(a) regulate standards, levels of service and amenities in tourism operations, as well as any other matter relating thereto, taking account of all relevant considerations, including tourism policy from time to time, classification, health and sanitation;

(b) require that any category or class of persons working, whether employed or self-employed, in any tourism operation shall be in possession of such licences or shall be in possession of such certificates of information that is to be given to prospective purchasers and the language in which such information is to be given, the form which such contract must be drawn up in, the establishment of such cooling-off periods during which and other circumstances in which the purchaser may withdraw from the contract, as well as the prohibition of any or such payments as may be determined before the premises to which the contract refers or the contracts are completed, as well as imposing an obligation for the repayment of such deposits as may be prescribed if the contract is rescinded or the purchaser withdraws therefrom. Such regulations may provide that the time-sharing contract shall take such form as may be prescribed notwithstanding any provision of any other law to the contrary and that it shall be drawn up in such language or languages or be accompanied by a certified translation in such language or languages as may be prescribed. Such regulations may also provide that in case of failure to abide by any of the provisions thereof as may be prescribed the contract may be null. Such regulations may also regulate credit facilities that may be granted with such contracts and the effect that a rescission or withdrawal from the contract may have on such credit agreements, and any other matter relating to the sale of time-share and time-share agreements;

(d) regulate the provisions of travel package services;

(e) prescribe the form of any notice, order or other document authorised or required by this Act to be made, served or given;

(f) prescribe the manner in which a licence fee or other charge made under this Act is to be established, made, reviewed, collected, utilised or otherwise dealt with;

(g) to the extent not otherwise provided, prescribe the procedure to be followed by any body established by this Act, and to amend, add or otherwise alter anything contained in the schedules to this Act;

(h) prescribe the fees payable to the Authority for any service provided by it, or in respect of any matter for which it is considered that a fee should be payable;

(i) establish codes of ethics and conduct for tourism operations: provided that, in making its recommendations to the Minister, the Authority shall consult and, so far as is advisable and possible, adopt

(j) prescribe such insurance cover that must be held by licencees under this Act;

(k) provide for any purpose for which regulations are authorised or required to be made otherwise than by the Authority.

(2) Any regulation made under this Act may provide for any matter relating to liability for the observance of such regulations, and the persons who may be liable, and for any matter relating to the enforcement of the said regulations, including, but not limited to, the imposition of a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) in respect of any contravention of, or failure to comply with, the provisions of such regulations.

Änderungsgeschichte
  • Amended by L.N. 426 of 2007