Auctioneers and House Agents Act, 1947

Temporary licences.

24.—(1) Whenever an application for a certificate of qualification in respect of a particular business is refused and an appeal to the Circuit Court is lodged, the Revenue Commissioners may, without payment of excise duty, issue to the applicant a temporary licence to carry on that business under the name specified in the licence.

(2) A temporary licence may be issued only in the following circumstances:—

(a) in the case of an application made before the operative date, that, at the date of the application, the applicant is, and has been during the preceding twelve months, the holder of—

(i) if the business concerned is that of auctioneer, a licence under the Auctioneers Act, 1845, or

(ii) if it is that of house agent, a licence granted under section 11 of the Revenue (No. 1) Act, 1861;

(b) in any other case, that the applicant is, at the time of making the application the holder of—

(i) if the business concerned is that of auctioneer, an auctioneer's licence,

(ii) if it is that of house agent, a house agent's licence;

(c) that the applicant produces to the Revenue Commissioners a certificate of the Accountant of the Courts of Justice granted not more than twenty-eight days previously that the applicant maintains in the High Court a deposit and, where the deposit is a guarantee bond, that it covers the whole period for which the licence is to be granted.

(3) A temporary 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,

(c) continue in force for such period, not extending beyond the expiration of seven days after the decision of the appeal, as the Revenue Commissioners may think fit, and

(d) be subject to such conditions as they may think fit to impose.

(4) A temporary licence to carry on the business of auctioneer 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 temporary licence.

(6) A temporary licence, while it remains in force, shall, for the purposes of this Act, be deemed to be—

(a) if it is a licence to carry on the business of auctioneer, a licence under section 8 of this Act, and

(b) if it is a licence to carry on the business of house agent, a licence under section 10 of this Act.