, shall be exercisable, for the purposes of the Act of 1982, by a person authorised by the Minister under section 11 of that Act. 29.—Section 8 of the Act of 1982 is hereby amended by the substitution for subsection (2) of the following: “(2) The Minister may also revoke, or vary the terms and conditions of, a licence granted under this Act if he is no longer satisfied that—, (a) the financial, business and organisational resources of the holder of the licence or any financial arrangements made by him are adequate for discharging his actual and potential obligations in respect of the business for which he has been granted a licence, or, (i) the past activities of the holder of the licence or of any person employed by him or, if such licence holder is a body corporate, having regard to the past activities of any director, secretary, shareholder, officer or servant of the body corporate, or. Indicates the geographical area that this provision applies to. Whenever the responsible parent of a minor has in terms of the provisions of section 6, 8 or 9 ceased to be a South African citizen, the Minister may, with due regard to the provisions of the Guardianship Act, 1993 (Act No. (b) that the consumer will inform the organiser or the retailer (as appropriate, in the light of the organiser's instructions) of the decision as soon as possible. ACT. 6.—(1) A person who contravenes any provision of this Act, contravention of which is deemed to be an offence, shall be liable on summary conviction to a fine not exceeding £1,500. Transport (Tour Operators and Travel Agents) Act, 1982. For further information see the Editorial Practice Guide and Glossary under Help. 22 7, Part I Section 22. (c) The consumer is entitled, without prejudice to paragraph (b), to be compensated by the organiser for non-performance of the contract except where—, (i) the package is cancelled because the number of persons who agree to take it is less than the minimum number required and the consumer is informed of the cancellation, in writing, within the period prescribed in the contract, or. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. (9) A person who refuses to comply with any request or requirement of an authorised officer in the exercise of functions under this Act shall be guilty of an offence. ‘retailer’ means the person who sells or offers for sale the package put together by the organizer; 4. (7) In construing a provision of this Act, a court shall give to it a construction that will give effect to the Directive and, for this purpose a court shall have regard to the provisions of the Directive including its preamble. (a) The prices laid down in the contract shall not be subject to revision unless the contract expressly provides for the possibility of upward or downward revision and states precisely how the revised price is to be calculated, and solely to allow for variations in: — transportation costs, including the cost of fuel. If the organizer finds that before the departure he is constrained to alter significantly any of the essential terms, such as the price, he shall notify the consumer as quickly as possible in order to enable him to take appropriate decisions and in particular: — either to withdraw from the contract without penalty. (6) A word or expression that is used in this Act and is also used in the Directive has, unless the contrary intention appears, the meaning in this Act that it has in the Directive. (ii) cancellation, excluding overbooking, is for reasons of force majeure, i.e. (1) The liability of the Fund or an agent to compensate a third party for any loss or damage contemplated in section 17 which is the result of any bodily injury to or the death of any person who, at the time of the occurrence which caused that injury or death, was being conveyed in or on the motor vehicle concerned, shall, in connection with any one occurrence, be limited, excluding the cost of recovering the said … (3) All fees and charges payable under this Act shall be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance. sections 10 The only offences against laws of the Commonwealth are those offences created by, or under the authority of, this Code or any other Act. 25 section 22 — such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable. (2) The organiser shall make suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the package and shall compensate the consumer for any difference between the services to be supplied under the contract and those actually supplied. 192 of 1993), order that such minor, if he or she was born outside the Republic and is under the age of 18 years, shall cease to be a South African citizen. 12.—(1) Before a contract is made, the organiser (whether directly or through a retailer) shall provide the intending consumer with the following information in writing or in some other appropriate form—. There are changes that may be brought into force at a future date. (i) transport costs, including the cost of fuel, (ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or. (7) In this section “authorised institution” means a person authorised under the law of a Member State to carry on the business of entering into bonds of the kind required by this section. The former tenant shall not be liable under that agreement or (as the case may be) the covenant to pay any amount in respect of any fixed charge payable under the covenant unless, within the period of six months beginning with the date when the charge becomes due, the landlord serves on the former tenant a notice informing him—. (5) Subsection (4) shall not apply in respect of particulars where—, (a) the brochure contains a clear and legible statement that changes may be made in the particulars contained in it before a contract is concluded, and. (6) It shall be the duty of an approved body to ensure that there are adequate arrangements for the repatriation of the consumer in the event of the insolvency of a package provider who is a member of that approved body. (c) defray any expenses necessarily incurred by the approved body. that in respect of the charge the landlord intends to recover from the guarantor such amount as is specified in the notice and (where payable) interest calculated on such basis as is so specified. in relation to the package, or. In terms of s. 17 (a) of Act No. However, Section 17 (a) and Rule 10b-5 are different in two respects. (2) Every authorised officer shall be furnished with a warrant of appointment and, when exercising any function conferred by this section shall, if requested to do so by a person affected, produce the warrant or a copy thereof to that person. Note 2: The obligations under this Division may be affected by the operation of Part 3.14 of the Social Security Act 1991 (see section 27). (1) and to which no relevant alterations have been made since the brochure was supplied. The particulars contained in the brochure are binding on the organizer or retailer, unless: — changes in such particulars have been clearly communicated to the consumer before conclusion of the contract, in which case the brochure shall expressly state so. (b) changes in those particulars so contained are clearly communicated to and accepted by the other party before a contract is concluded. The consumer must communicate any failure in the performance of a contract which he perceives on the spot to the supplier of the services concerned and to the organizer and/or retailer in writing or any other appropriate form at the earliest opportunity. . Member States shall bring into force the measures necessary to comply with this Directive before 31 December 1992. section 23 (b) given by the organiser in respect of the brochure or other descriptive matter. This Act may be cited as the ‘‘Jerusalem Embassy Act of 1995’’. 26 4. 3. 2. Regulations, to be in force from 30 th November, will suspend these powers as they apply to adult services, including support for adult carers. (4) An authorised officer may, for the purpose of obtaining any information which may be required in relation to the matter under investigation in order to enable the Minister to exercise functions under the Act of 1982, or the Director to exercise functions under this Act, on production of his authorisation, if so required—. (3) If it is impossible to make arrangements as described in subsection (2), or these are not accepted by the consumer on reasonablegrounds, the organiser shall, where homeward transport arrangements are a term of the contract, provide the consumer at no extra cost with equivalent transport back to the place of departure or to another place to which the consumer has agreed and shall compensate the consumer for the proportion of services not supplied. Show Timeline of Changes: (a) enable all moneys paid over by consumers under or in contemplation of contracts for packages which have not been fully performed to be repaid, (b) enable consumers to be repatriated, where appropriate, and. (5) In this Act a reference to any enactment shall be construed as a reference to that enactment, as adapted or extended by or under any subsequent enactment including this Act. “(6) Where a person is convicted of an offence under this section the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order that person to pay to the Minister the costs and expenses, measured by the Court, incurred by the Minister in relation to the investigation, detection and prosecution of the offence.”. (3) An organiser (whether dealing directly with the consumer or through a retailer) who contravenes subsection (1) (b) shall be guilty of an offence unless the contravention is due to the failure of the retailer to provide the consumer with a written copy of the terms of the contract supplied to the retailer by the organiser. 360, Section 7; 1992 Act No. 1. HISTORY: 1980 Act No. Extent and financial limits of liability. (b) given by the retailer in respect of the brochure or other descriptive matter. he is a fit and proper person to carry on business as a tour operator or travel agent, as the case may be.”. of this Act.”. In the cases referred to in the second and third indents, the organizer and/or retailer party to the contract shall be required to give prompt assistance to a consumer in difficulty. (a) where the package includes a transport component, the times and places of intermediate stops and transport connections and details of the place to be occupied by the traveller, including, cabin or berth on ship, sleeper compartment on train; (b) the name, address and telephone number—, (i) of the representative of the organiser in the locality where the consumer is to stay, or. 48 of 1999 South African Council for Educators Act, No. . (3) Nothwithstanding the provisions of , section 382 section 17 (b) a person appointed and authorised in writing by the Minister to exercise for the purpose of the Act of 1982, the functions conferred by this section. (ii) the manner in which the holder of the licence is carrying on his business. (a) all the terms of the contract are set out in writing or in such other form as is comprehensible and accessible to the intending consumer and are communicated to the intending consumer before the contract is made; (b) a written copy of these terms is supplied to the consumer. 1. (ii) an event which the organiser, the retailer or the supplier of services, even with all due care, could not foresee or forestall. (3) The Minister may by regulations provide that the bond may be for such minimum sum and valid for such maximum period as may be specified in the regulations. 90/314/EEC of 13 June 1990(1) No. (2) In any proceedings against a retailer under this section it shall be a defence to show that the retailer did not know and had no reason to suspect that the brochure or other descriptive matter concerned contained information which was false or misleading. It is hereby notified that the President has assented to the following Act which is hereby published for general information:- No. ‘package’ means the pre-arranged combination of not fewer than two of the following when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. (c) to defray any reasonable expenses necessarily incurred by the approved body. Sections 16 and 17 of the 2020 Act allow for an easing of health and social care assessment duties in relation to adult social care, carer support and children's services in Scotland. (b) ensure that such arrangements are in force. The consumer shall inform the organizer or the retailer of his decision as soon as possible. as are determined by the Minister, after consultation with the Minister for Finance. 26 This date is our basedate. (b) if the package is one in respect of which the provider is required to hold a licence under the Act of 1982, and is covered by arrangements entered into for the purposes of that Act. (4) Subject to subsections (5) and (6), where a consumer enters into a contract on the basis of information which is set out in a brochure, the particulars in the brochure (whether or not they are required by this Act to be included in the brochure) shall constitute warranties (whether express or implied as the case may be) as to the matters to which they relate. Section 17 of the Landlord and Tenant (Covenants) Act 1995 | Practical Law Section 17 of the Landlord and Tenant (Covenants) Act 1995 by Practical Law Property Litigation A practice note on the continuing liability of a former tenant or guarantor and section 17 of the Landlord and Tenant (Covenants) Act 1995. (Section 3 amended by section 2 of Act 69 of 1997) (Section 3 substituted by section 3 of Act 17 of 2010) 4. (b) the substitution in subsection (4) of “£1,500” for “£500”, (c) the insertion of the following subsection—. 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