Arts Act 2003

PART 1 Preliminary and General

1 Short title and commencement.

1.—(1) This Act may be cited as the Arts Act 2003.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions, and for the repeal of different enactments effected by section 4.

2 Interpretation.

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

“Act of 1951” means the Arts Act 1951;

“Act of 1973” means the Arts Act 1973;

“Act of 2001” means the Local Government Act 2001;

“arts” means any creative or interpretative expression (whether traditional or contemporary) in whatever form, and includes, in particular, visual arts, theatre, literature, music, dance, opera, film, circus and architecture, and includes any medium when used for those purposes;

“city council” has the same meaning as it has in the Act of 2001;

“Council” has the meaning assigned to it by section 8;

“county council” has the same meaning as it has in the Act of 2001;

“deputy chairperson” shall be construed in accordance with section 11(3);

“Director” has the meaning assigned to it by section 15;

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

“local authority” means—

(a) a city council, or

(b) a county council;

“Minister” means the Minister for Arts, Sport and Tourism;

“public body” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a local authority,

(d) a health board established under the Health Act 1970,

(e) a body established by or under statute,

(f) 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

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

“recognised trade union or staff association” means a trade union or staff association recognised by the Council for the purposes of negotiations that are concerned with the remuneration, conditions of employment or working conditions of members of the staff of the Council;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

(2) In this Act—

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

(b) a reference 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 a reference to some other provision is intended, and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the commencement of this subsection, by or under any subsequent enactment.

3 Expenses of Minister

3.—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.

4 Repeals.

4.—The Act of 1951 and the Act of 1973 are hereby repealed.

PART 2 Minister, Local Authorities and other public bodies and the Arts

5 Functions and directions of Minister.

5.—(1) The Minister shall promote the arts both inside the State and outside the State.

(2) The Minister may, in the performance of his or her functions under this section, consult with—

(a) the Council, and

(b) such Ministers of the Government, public bodies or other persons as he or she considers appropriate.

(3) The Minister may, in relation to the performance by the Council of its functions (other than under section 24), give a direction in writing to the Council requiring it to comply with such policies of the Minister or the Government as are specified in the direction.

(4) A direction under this section may include a requirement that the Council prepare and submit to the Minister a plan specifying strategies or measures that it proposes to adopt in relation to the arts during the period to which the plan relates.

(5) The Minister may by direction in writing amend or revoke a direction under this section (including a direction under this subsection).

(6) The Council shall comply with a direction under this section.

6 Local authorities and the arts.

6.—(1) A local authority shall, for the purposes of section 67 of the Act of 2001, prepare and implement plans for the development of the arts within its functional area and shall, in so doing, take account of policies of the Government in relation to the arts.

(2) A local authority may provide such financial or other assistance as it considers appropriate to such persons or in respect of such activities, projects or undertakings, for the purposes of—

(a) stimulating public interest in the arts,

(b) promoting knowledge, appreciation and practice of the arts, or

(c) improving standards in the arts,

within its functional area.

7 Public bodies and the arts.

7.—(1) A public body shall, in the performance of any functions that relate to the arts, have regard to Government policies relating to the arts.

(2) The Minister may, by direction in writing, require a public body to prepare a report on the performance by it of any function that relates to the arts and to submit such report to him or her.

(3) A public body shall comply with a direction under this section.

PART 3 An Chomhairle Ealaíon

8 Continuance in being of Council.

8.—(1) Notwithstanding the repeal of the Act of 1951 by section 4, An Chomhairle Ealaíon (in this Act referred to as the “Council”) shall continue in being.

(2) Notwithstanding the repeal of the Act of 1951 and the Act of 1973 by section 4, anything commenced but not completed before the commencement of that section by the Council may be carried on and completed by it after such commencement as if that Act had not been repealed.

(3) The Council shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and with the consent of the Minister and the Minister for Finance, shall have power to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(4) The seal of the Council shall be authenticated by the signature of both a member and a member of the staff of the Council authorised by the Council to act in that behalf.

(5) Judicial notice shall be taken of the seal of the Council and every document purporting to be an instrument made by, and to be sealed with the seal of, the Council (purporting to be authenticated in accordance with this section) shall be received in evidence and be deemed to be such instrument without further proof.

9 Functions of Council.

9.—(1) The general functions of the Council shall be to—

(a) stimulate public interest in the arts,

(b) promote knowledge, appreciation and practice of the arts,

(c) assist in improving standards in the arts,

(d) advise the Minister in relation to the performance of any of his or her functions under this Act, when so requested by the Minister,

(e) assist the Minister in the performance of his or her functions under this Act and in the implementation of Government policies and objectives in relation to the arts, when so requested by the Minister,

(f) furnish advice or information to a Minister of the Government (including the Minister) in relation to any matter connected with its functions, whenever the Council considers it appropriate or is requested to so do by the Minister,

(g) furnish advice or information to a public body in relation to any matter connected with its functions, whenever the Council considers it appropriate or is requested to so do by the public body concerned, and

(h) cooperate with a public body in relation to any matter connected with its functions, whenever the Council considers it appropriate.

(2) The Council may make such recommendations to the Minister in relation to matters connected with its functions as it considers appropriate.

(3) The Council shall have all such powers as are necessary or expedient for the performance of its functions.

(4) The Council may perform any of its functions through or by a member of the staff of the Council duly authorised by the Council to act in that behalf.

10 Conferral of additional functions on Council.

10.—(1) The Minister may, with the consent of the Minister for Finance and after consultation with the Council and such other Minister of the Government (if any) as he or she considers appropriate, by order confer on the Council such additional functions connected with the functions for the time being of the Council as he or she thinks fit subject to such conditions (if any) as may be specified in the order.

(2) An order under this section may contain such incidental, supplementary and consequential provisions as may, in the opinion of the Minister, be necessary to give full effect to the order.

(3) (a) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection).

(b) An order under this subsection shall be made in the like manner, and its making shall be subject to the like consent and consultations (if any), as the order that it amends or revokes.

(4) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

11 Membership of Council.

11.—(1) The Council shall consist of the following members, that is to say—

(a) a chairperson, and

(b) 12 ordinary members,

each of whom shall, in the opinion of the Minister, have a special interest or knowledge in relation to the arts or matters connected with the functions of the Minister or the Council under this Act.

(2) The members of the Council shall be appointed by the Minister.

(3) The Minister shall, for the purposes of section 16(2)(b), designate one of the ordinary members of the Council to be deputy chairperson of the Council.

(4) The chairperson of the Council shall hold office for 5 years from the date of his or her appointment.

(5) Subject to subsection (6), the ordinary members of the Council shall hold office for 5 years from the date of their appointment.

(6) Such 6 of the ordinary members of the Council first-appointed after the commencement of this section as the Minister determines shall hold office for 30 months.

(7) Of the members of the Council, not less than 6 of them shall be men and not less than 6 of them shall be women.

(8) Subject to subsection (9), a member of the Council whose term of office expires by the effluxion of time shall be eligible for reappointment to the Council.

(9) A person to whom subsection (8) applies shall not be eligible for reappointment to the Council where he or she has served 2 consecutive terms of office as a member of the Council.

(10) The members of the Council who held office immediately before the commencement of section 4 shall cease to hold office upon such commencement but any such member shall, subject to subsection (9), be eligible to be reappointed as a member of the Council under this section.

12 Conditions of office of members of Council.

12.—(1) The Minister may at any time remove from office a member of the Council for stated reasons.

(2) A member of the Council may resign from office by notice in writing given to the Minister and the resignation shall take effect on the date on which the Minister receives the notice.

(3) A member of the Council shall cease to be qualified for office and shall cease to hold office if—

(a) he or she is adjudicated bankrupt,

(b) he or she makes a composition or arrangement with creditors,

(c) he or she is convicted of an indictable offence in relation to a company,

(d) he or she is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

(e) he or she is the subject of an order under section 160 of the Companies Act 1990, or

(f) he or she is sentenced to a term of imprisonment by a court of competent jurisdiction.

(4) A member of the Council shall, subject to the provisions of this Act, hold office upon such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the Minister, with the consent of the Minister for Finance.

13 Casual vacancies among members of Council.

13.—(1) If a member of the Council dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the Minister may appoint a person to be a member of the Council to fill the casual vacancy so occasioned in the same manner as the member of the Council who occasioned the casual vacancy was appointed.

(2) A person appointed to be a member of the Council pursuant to this section shall hold office for that period of the term of office of the member who occasioned the casual vacancy concerned that remains unexpired at the date of his or her appointment and shall be eligible for reappointment as a member of the Council on the expiry of the said period.

14 Remuneration of members of Council.

14.—The chairperson and ordinary members of the Council shall be paid by the Council such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for Finance, may determine.

15 Director of Council.

15.—(1) There shall be a chief executive officer of the Council (who shall be known as and is referred to in this Act as the “Director”).

(2) The Director shall carry on and manage, and control generally, the administration of the Council and perform such other functions (if any) as may be determined by the Council.

(3) The Director shall be appointed, and may be removed from office, by the Council, with the consent of the Minister.

(4) The Director shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances) as may be determined by the Council with the consent of the Minister and the Minister for Finance.

(5) The Director shall not hold any other office or employment or carry on any business without the consent of the Council.

(6) The Director shall not be a member of the Council.

(7) The Director may attend meetings of the Council and may make submissions, orally or in writing, to, and otherwise advise, the Council at such meetings in accordance with the procedures of the Council under section 16(5).

16 Meetings and procedure.

16.—(1) The Council shall hold such and so many meetings as may be necessary for the due fulfilment of its functions.

(2) At a meeting of the Council—

(a) the chairperson of the Council shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson of the Council is not present or if that office is vacant, the deputy chairperson of the Council shall be chairperson of the meeting, and a meeting of the Council shall not be held if and so long as the chairperson of the Council and deputy chairperson of the Council are not present, or if those offices are vacant.

(3) Every question at a meeting shall be determined by a majority of the votes of the members of the Council present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(4) The Council may act notwithstanding one or more vacancies among its members.

(5) Subject to the provisions of this Act, the Council shall regulate its procedure by rules or otherwise.

(6) Subject to subsection (2), the quorum for a meeting of the Council shall be 5.

17 Membership of either House of Oireachtas or European Parliament.

17.—(1) Where a member of the Council or a member of a committee established under section 21 or 22 is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

he or she shall thereupon cease to be a member of the Council or a member of the committee concerned.

(2) Where a member of the staff of the Council is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a representative in the European Parliament, or

(c) regarded pursuant to the said Part XIII, as having been elected to that Parliament,

he or she shall thereupon stand seconded from employment by the Council and shall not be paid by, or be entitled to receive from, the Council any remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be), and ending when such person ceases to be a member of either such House or a representative in such Parliament.

(3) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a representative in the European Parliament shall, while he or she is so entitled or is such a representative, be disqualified for membership of the Council, or a committee established under section 21 or 22, or for employment in any capacity by the Council.

(4) A period mentioned in subsection (2) shall not, for the purposes of any superannuation benefit, be reckoned as service with the Council.

18 Disclosure by members of Council of certain interests.

18.—(1) Where at a meeting of the Council any of the following matters arises, namely—