National Cultural Institutions Act 1997

PART I Preliminary and General

1 Short title and commencement.

1.—(1) This Act may be cited as the National Cultural Institutions Act, 1997.

(2) This Act shall, in so far as it amends or extends the Licensing Acts, 1833 to 1995, be construed as one therewith and may be cited therewith as the Licensing Acts, 1833 to 1997.

(3) This Act shall, in so far as it amends or extends the National Gallery of Ireland Acts, 1854 to 1963, be construed as one therewith and may be cited therewith as the National Gallery of Ireland Acts, 1854 to 1997.

(4) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions (including the application of section 6 to different enactments specified therein).

2 Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“the Act of 1930” means the National Monuments Act, 1930;

“the Act of 1994” means the National Monuments (Amendment) Act, 1994;

“archaeological object” means any chattel whether in a manufactured or partly manufactured or an unmanufactured state which by reason of the archaeological interest attaching thereto or of its association with any Irish historical event or person has a value substantially greater than its intrinsic (including artistic) value, and the said expression includes ancient human, animal or plant remains;

“authorised repository of a Board” has the meaning assigned to it by section 16;

“the Board”, in relation to the Museum, means the board established by subsection (1) of section 10 and, in relation to the Library, means the board established by subsection (2) of that section, and “a Board” means, as the context may require, each of those boards or either of them;

“the Commissioners” means the Commissioners of Public Works in Ireland;

“company” means a company within the meaning of the Companies Act, 1963;

“cultural object” has the meaning assigned to it by section 42;

“establishment day” means, as the context may require, the Library establishment day or the Museum establishment day or both;

“functions” includes powers and duties and references to the performance of functions includes as respects powers and duties, references to the exercise of powers and the carrying out of the duties;

“the Governors and Guardians” means the Governors and Guardians of the National Gallery;

“the Library” means Leabharlann Náisiúnta na hÉireann or, in the English language, the National Library of Ireland;

“Library establishment day” means the day appointed by the Minister under section 9;

“library material” means—

(a) any material in the collection of the Library on the Library establishment day,

(b) any manuscript, book, within the meaning of section 56 (6) of the Copyright Act, 1963, or material, within the meaning of section 65, concerning human life in Ireland, the natural history of Ireland, and of the relations of Ireland with other countries, considered appropriate by the Board of the Library for inclusion in the collection of the Library,

(c) any library material which passed from the care of the former Ulster Office-of-Arms into the care of the Genealogical Office on the 1st day of April, 1943 (including objects of a heraldic nature), and

(d) any similar material;

“licence” means a licence granted under section 50;

“local authority” means a local authority for the purposes of the Local Government Act, 1941;

“the Minister” means the Minister for Arts, Culture and the Gaeltacht;

“the Museum” means Ard-Mhúsaem na hÉireann or, in the English language, the National Museum of Ireland;

“Museum establishment day” means the day appointed by the Minister under section 9;

“museum heritage object” means—

(a) any object in the collection of the Museum on the Museum establishment day,

(b) any object (including archaeological objects, objects relating to the decorative arts or natural sciences or to history or industry or folklife) over 25 years old considered appropriate by the Board for inclusion in the collection of the Museum concerning human life in Ireland, the natural history of Ireland, and of the relations of Ireland with other countries, and

(c) any other similar objects;

“the National Gallery” means the National Gallery of Ireland;

“public authority” means—

(a) a Minister of the Government,

(b) the Commissioners,

(c) a regional authority within the meaning of the Local Government Act, 1991,

(d) a harbour authority within the meaning of the Harbours Act, 1946,

(e) a health board,

(f) a board or other body established by or under statute,

(g) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(h) a company in which all the shares are held by a board, company, or other body referred to in paragraph (f) or (g) of this definition;

“prescribed” means prescribed by regulations made by the Minister;

“the register” means the register of cultural objects established under section 48.

(2) A reference in this Act to a section, Part or Schedule is a reference to a section or Part of or Schedule to this Act unless it is indicated that reference to some other enactment is intended.

(3) A reference in this Act to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted, whether before or after the commencement of this section, by or under any subsequent enactment.

3 Laying of orders and regulations before Houses of Oireachtas.

3.—Every order (other than an order under sections 14, 15, 44 (3), 45 and 46) or regulation made by the Minister shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4 Provisions in relation to offences.

4.—(1) Proceedings for a summary offence under section 25 of the Act of 1930, or section 16, 49 or 65 may be brought and prosecuted by the Minister.

(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) (Amendment) Act, 1851, proceedings for an offence under this Act may be instituted within 12 months from the date when the offence came to the knowledge of the Minister.

(3) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(4) Where the affairs of a body corporate are managed by its members, subsection (3) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

5 Expenses.

5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

6 Repeals and transitional provision.

6.—(1) The Dublin Theatres Act, 1786, section 24 of the National Monuments Act, 1930, and the Documents and Pictures (Regulation of Export) Act, 1945, are hereby repealed.

(2) A licence granted under the said section 24 or the last-mentioned Act and in force immediately before the commencement of this section shall continue in force after such commencement as if granted under section 50.

7 Regulations.

7.—(1) The Minister may—

(a) by regulations provide for any matter referred to in this Act as prescribed or to be prescribed, and

(b) make regulations generally for the purpose of giving effect to this Act and, if in any respect any difficulty arises during the period of two years after the commencement of this section in bringing into operation this Act, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation.

(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

PART II Establishment of Bord Ard-Mhúsaem na hÉireann and Bord Leabharlann Náisiúnta na hÉireann

8 Names of Museum and Library.

8.—(1) The institution heretofore known as the National Museum of Science and Art shall be known as Ard-Mhúsaem na hÉireann or, in the English language, the National Museum of Ireland.

(2) The institution heretofore known as the National Library of Ireland shall be known as Leabharlann Náisiúnta na hÉireann or, in the English language, the National Library of Ireland.

9 Museum establishment day and Library establishment day.

9.—The Minister may by order appoint a day to be the Museum establishment day and a day to be the Library establishment day for the purposes of this Act.

10 Establishment of Boards.

10.—(1) On the Museum establishment day there shall stand established a board to be known as Bord Ard-Mhúsaem na hÉireann or, in the English language, the Board of the National Museum of Ireland to perform the functions conferred on it by or under this Act.

(2) On the Library establishment day there shall stand established a board to be known as Bord Leabharlann Náisiúnta na hÉireann or, in the English language, the Board of the National Library of Ireland to perform the functions conferred on it by or under this Act.

(3) A Board shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property subject to the subsequent provisions of this Act.

11 Functions of Board of Museum.

11.—(1) The principal functions of the Board of the Museum shall be to maintain, manage, control, protect, preserve, record, research and enlarge the collection of museum heritage objects for the benefit of the public and to increase and diffuse in and outside the State knowledge of human life in Ireland, of the natural history of Ireland and of the relations of Ireland in these respects with other countries.

(2) The Board shall have all such powers as it considers necessary or expedient for the performance of its functions under this Act including, but without prejudice to the foregoing, the following powers:

(a) to conserve and restore the museum heritage objects in the collection of the Museum,

(b) to arrange or provide for the display of museum heritage objects in the collection of the Museum,

(c) to organise or arrange for the organisation of temporary exhibitions (within or outside the State) of museum heritage objects from the collection of the Museum,

(d) to lend, subject to the provisions of this Act, museum heritage objects in the collection of the Museum,

(e) to promote research and scholarship,

(f) to disseminate and promote the dissemination of literature and information relating to the collection of the Museum,

(g) to foster and promote contacts with other museums and educational establishments,

(h) to participate and promote participation in international collaborative heritage projects and, where appropriate, to enter into agreements, subject to the consent of the Minister, with comparable bodies outside the State,

(i) to engage in international activities concerning museum curatorship and other related matters including, where appropriate, representation of the State at conferences, meetings and seminars,

(j) to enter into agreements with other museums, cultural bodies and educational establishments in the State,

(k) to foster and promote the Museum as an integral part of the national culture,

(l) to foster and promote the Irish language in the course of the performance of its functions,

(m) to acquire, borrow or accept a donation or bequest of museum heritage objects,

(n) to catalogue the museum heritage objects in the collection of the Museum,

(o) to compile, publish and distribute (with or without charge) books, magazines, journals, reports or other printed matter, including aural and visual material as may be appropriate in relation to any matter connected with its functions or activities,

(p) to acquire and make use of copyright, patents, licences, privileges and concessions as may be appropriate in relation to any matter connected with its functions or activities,

(q) to produce or arrange for the production of replicas of museum heritage objects in the collection of the Museum or of souvenirs,

(r) to arrange for the sale of material relating to the collection, of replicas of museum heritage objects or of souvenirs or other goods,

(s) to engage in such activities for the purpose of raising funds for the Museum as it thinks appropriate.

12 Functions of Board of Library.

12.—(1) The principal functions of the Board of the Library shall be to conserve, restore, maintain and enlarge the library material in the collection of the Library for the benefit of the public and to establish and maintain a record of library material (including material relating to the Irish language) in relation to Ireland and to contribute to the provision of access by members of the public to material relating to other countries.

(2) The Board shall have all such powers as it considers necessary or expedient for the performance of its functions under this Act including, but without prejudice to the generality of the foregoing, the following powers:

(a) to facilitate, encourage, assist and promote the carrying out of research in the Library,

(b) to facilitate, encourage, assist and promote the carrying out of genealogical research,

(c) to facilitate, encourage, assist and promote the granting and confirming of coats of arms,

(d) to lend, subject to the provisions of this Act, library material,

(e) to arrange for the provision of a library and information service for members of the public,

(f) to foster and promote the Library as a national centre for reference, research, bibliographic and other information services,

(g) to foster and promote the Library as an integral part of the national culture,

(h) to foster and promote the Irish language in the course of the performance of its functions,

(i) to disseminate and promote the dissemination of literature and information relating to the collection,

(j) to foster and promote contacts with other libraries and educational establishments,

(k) to participate and promote participation in international collaborative library projects and, where appropriate, to enter into agreements, subject to the consent of the Minister, with comparable bodies outside the State,

(l) to engage in international activities concerning librarianship and other related matters including, where appropriate, representation of the State at conferences, meetings and seminars,

(m) to enter into agreements with other libraries, cultural bodies and educational establishments in the State (including inter-library loan agreements with other libraries in the State and outside the State),

(n) to acquire, borrow or accept a donation or bequest of library material,

(o) to catalogue the material in the collection of the Library,

(p) to compile, publish and distribute (with or without charge) books, magazines, journals, reports or other printed matter, including aural and visual material as may be appropriate in relation to any matter connected with the functions or activities of the Board,

(q) to acquire and make use of copyright, patents, licences, privileges and concessions as may be appropriate in relation to any matter connected with the functions or activities of the Board,

(r) to produce or arrange for the production of reproductions of library material in the collection of the Library or of souvenirs,

(s) to arrange for the sale of material relating to the collection of the Library, of reproductions of library material or of souvenirs or other goods,

(t) to engage in such activities for the purpose of raising funds for the Library as it thinks appropriate.

13 Provisions relating to genealogy and heraldry.

13.—(1) For the avoidance of doubt, it is hereby declared that the Genealogical Office is a branch of the Library.

(2) The Board shall, from time to time as occasion requires, designate a member of its staff to perform the duty of researching, granting and confirming coats of arms and such member shall use the appellation Chief Herald of Ireland or, in the Irish language, Príomh-Aralt na hÉireann while performing such duties.

(3) The Board shall be entitled to any copyright subsisting in coats of arms granted or confirmed under this section.

(4) (a) The Board of the Library shall as soon as may be after the Library establishment day appoint a committee to be known as the Committee on Genealogy and Heraldry (referred to subsequently in this subsection as “the Committee”) to perform such of the functions of the Board, as in the opinion of the Board, may be better or more conveniently performed by it and are assigned to it by the Board.

(b) There may be included in the membership of the Committee such number (not being more than half of the membership of the Committee who are entitled to vote) of persons who are not members of the Board.

(c) The appointment of a person to act as a member of the Committee shall be subject to such conditions as the Board may think fit to impose when making the appointment.