Tourisms
The Tourism (NI) Order 1992, as amended, seeks to promote and facilitate tourism. It established the Northern Ireland Tourist Board, which is still in operation. The Board consists of up to nine members appointed by the Department from individuals with experience in relevant fields. The appointing department is the Department of Economic Development.
The functions of the Board are to encourage the provision of tourism accommodation and amenities, advise the Department generally on tourism policy, and undertake such other functions as may be conferred on the Board.
In particular, the Board is to provide advice and information about traveling to and holidays in Northern Ireland. It is to publicize and advertise the same. It may provide or assist in events that are likely to encourage tourism. It may cooperate with other bodies or provide training for persons working in the tourism field.
It may establish bodies in connection with tourism and engage in trade in any business associated with tourism. It may provide financial assistance and charge for its services. It may assist in making Northern Ireland attractive to tourists.
The Department may issue directions of a general or specific nature to the Board regarding the exercise of its functions. The Department may direct the Board to exercise functions of the Department related to tourism that are not otherwise conferred by legislation on the Board. The Board must comply with departmental directions.
In accordance with the scheme prepared under the legislation, the Board may provide financial assistance to individuals or groups of individuals. Financial assistance must be likely to increase tourism and revenue from tourism. The form and amount of financial assistance must be reasonable in the circumstances. The provision of financial assistance must be such as is likely to achieve the purpose of promoting employment in tourism, the development of a tourist industry, and the provision of tourist amenities.
The scheme is made by the Department with the approval of the Department of Finance. Financial assistance may be given by way of a grant, loan, guarantee, or taking an interest in a property or business.
Tourism establishments are divided into the following categories for the purpose of legislation: hotels, guesthouses, bed and breakfast establishments, self-catering establishments, and hostels. Additional categories may be added.
Regulations and criteria may be established for each category to qualify, prescribing terms and conditions for which each category and establishment qualify for assistance under the legislation, including by reference to the general nature and character of the establishment, the extent, nature, and standard of accommodation, and such other matters as the Department prescribes. Different criteria may be prescribed in relation to different classes of establishments.
The Board is to ensure that each certified tourist establishment is inspected annually. An inspection is to be carried out with respect to an establishment for which an application is made for grant or loan assistance.
The Department may make regulations in relation to statutory inspections of a certified tourist establishment where the criteria are met, in respect of which a certificate allocates that establishment to one of the above categories.
Certificates are to set out the establishment to which they relate, the category to which the establishment is registered, and the name of the proprietor. The certificate is to be displayed in a prominent position near the entrance of the establishment. The certificate remains enforced unless revoked during its currency. It is an offense to fail to display the certificate.
Where an establishment is transferred, the Board is to be notified, and a new certificate may be issued, which may be subject to any conditions specified by the Board.
A person may not provide or offer tourism accommodation in an establishment unless a certificate is enforced with the establishment. The owner of the establishment shall not describe, hold it out as being within a category, or claim that there is a certificate enforced for that category for the premises; contravention is an offense.
Where it appears to the Board that an establishment does not meet the criteria for the relevant category, the Board may serve notice revoking the certificate. Similarly, if the Board refuses an application for registration, revocation may follow a statutory inspection, regular statutory inspection, or non-regular/random statutory inspection.
Where a notice revoking a certificate is issued, the proprietor may, within seven days, require the Board to review the notice. Once reviewed, the proprietor has the right to be heard in person or by counsel. Upon review, the Board is to confirm, vary, or annul the notice. If the Board confirms the notice, there is a further appeal to the County Court. The County Court may allow the appeal, quash the notice, or dismiss the appeal. Fees are payable in respect of statutory and other inspections.
The Board may create schemes for the classification and grading of certified tourist establishments. Schemes are to set out the criteria for each grading, which is published from time to time.
Where a person’s establishment is classified and graded under the scheme, the proprietor must adhere to the grading under the scheme.
The Department may make regulations requiring the owner of the certified tourist establishment to display a copy of the prescribed scale of charges in operation. Failure to do so is an offense.
The Board may provide the proprietor of a tourist establishment with a suitable sign for display. The sign may contain information regarding the category of the establishment, grading, and other matters as the Board deems fit.
The proprietor of an establishment must keep a register of visitors using sleeping accommodation provided. The format is prescribed by the Department. The Board may allow exemptions in respect of certain establishments.
A District Council, after consultation with the Board, may provide or assist another person or entity in providing tourist amenities. It may require land for this purpose and has the power to maintain and carry out ancillary works as required.
The District Council, with the consent of the Department of Finance, may transfer places of historic interest and natural beauty to the National Trust. The Council may alone or in combination with other bodies advertise or promote tourism amenities, including holidays, pleasure, or health resorts.
It may organize entertainment or other activities that would encourage the development of tourism in the district. It may assist other bodies in arranging such entertainment and activities and provide advice or information services related to tourism amenities and accommodation within its district.