PART I

Preliminary and General

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. —(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. —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. —(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. —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. —(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. —(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.