PART II

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

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. —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. —(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. —(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. —(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. —(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.

(d) A member of the Committee may be removed from office at any time by the Board.

(e) The acts of the Committee shall be subject to the approval of the Board.

(f) The Director of the National Library and the Chief Herald of Ireland shall be included in the membership of the Committee but shall not be entitled to vote.

(g) The Board may regulate the procedures of the Committee but, subject to any such regulation, the Committee may regulate its own procedure.

14. —(1) A Board may make bye-laws for the care, maintenance, management, control, preservation and protection of the Museum or Library, as the case may be, and the regulation of the use of the said Museum or Library and the maintenance of good order therein.

(2) Without prejudice to the generality of subsection (1), bye-laws under this section may make provision in relation to one or more of the following matters:

(a) the regulation of access to the Museum or Library, as the case may be, and the prohibition of access thereto at specified places and at specified times,

(b) the protection of and the prevention of damage or injury to property in the Museum or Library, as the case may be,

(c) the prohibition of access to specified places in or areas of the Museum or Library, as the case may be,

(d) notwithstanding any provisions contained in any bequest or agreement made before the commencement of this section, the fixing of fees and charges in respect of entry to the Museum or Library, as the case may be, or any part thereof or any building or facility therein and the use of its facilities including the fixing of different fees for different circumstances and for different classes of persons and the fixing of fees for some circumstances only or for all circumstances or for some classes of persons only or for all classes of persons, subject to the consent of the Minister,

(e) the enforcement of bye-laws.

(3) Before making bye-laws under subsection (2) (d) relating to the fixing of charges in respect of entry to the Museum or Library (other than to any special exhibition or other event being held in the Museum or Library), a Board shall have regard to—

(a) the need to provide an enhanced service to members of the public in Ireland,

(b) the need to promote an increased interest in and appreciation of the collection of the Museum or the Library, as the case may be, by members of the public in Ireland, and

(c) the need to provide a reasonable degree of access to the Museum or Library, as the case may be, without charge, in particular, to persons under the age of 18 years.

(4) Bye-laws under this section may contain all such incidental, subsidiary and ancillary provisions as a Board considers necessary or expedient for the purposes of this section.

(5) A person who contravenes a bye-law under this section shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £500.

(6) Fees or charges received by a Board in pursuance of bye-laws under this section and any other income received by a Board in the performance of functions under this Act shall be disposed of by the Board for the purposes of those functions.

(7) Proceedings for an offence under this section may be brought and prosecuted by a Board.

(8) Where a bye-law is proposed to be made under subsection (2) (d) relating to the fixing of charges in respect of entry to the Museum or Library (other than to any special exhibition or other event being held in the Museum or Library), a draft thereof shall be laid before each House of the Oireachtas and the bye-law shall not be made until a motion approving of the draft has been passed by each such House.

(9) As soon as may be after the making of a bye-law under this section, copies of it shall be displayed in the Museum or Library, as the case may be, so as to be seen and be capable of being read by the persons using the said Museum or Library.

15. —(1) The Minister may, if he or she so thinks fit, by order—

(a) confer on a Board such additional functions connected with the functions for the time being of the Board or the services or activities that the Board is authorised for the time being to provide or carry on as he or she considers appropriate, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on a Board of functions under this section or the performance by the Board of functions so conferred.

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

(3) Where an order is proposed to be made under this section, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a motion approving of the draft has been passed by each such House.

16. —(1) In this section “authorised repository of a Board” means, in relation to a Board, the premises specified in column (2) of the First Schedule opposite the mention of the Board in column (1) thereof.

(2) Subject to sections 17 , 18 and 47 , a Board shall keep the museum heritage objects or, as the case may be, library material comprised in the collection of the Museum or Library, as the case may be, within the authorised repository of the Board, except in so far as it may consider it expedient to remove them temporarily for the purposes of research, restoration, security or preservation.

(3) The Minister may, with the consent of the Minister for Finance, and, after consultation with the Commissioners, by order amend the First Schedule by the addition to column (2) thereof of a reference to any premises as the Minister considers appropriate.

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

(5) A person who removes a museum heritage object or, as the case may be, library material, comprised in the collection of the Museum or Library, as the case may be, from an authorised repository of the Board other than for a purpose specified in subsection (2), sections 17 , 18 or 47 , shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, and

(b) on conviction on indictment, to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 5 years or to both.

17. —(1) The Board of the Museum shall, after consultation with the Heritage Council, draw up and publish guidelines concerning the lending of museum heritage objects in the collection of the Museum within the State and Northern Ireland.

(2) The Board may, in accordance with guidelines drawn up under this section, lend any museum heritage objects in the collection of the Museum to an institution or body within the State or in Northern Ireland for the purpose of public exhibition.

(3) Before deciding whether to lend a museum heritage object pursuant to subsection (2), and in determining the period for which, and the conditions subject to which, the object is to be lent, the Board shall have regard to the following matters:

(a) the suitability of the place where the object is to be displayed,

(b) any risks to which the object is likely to be exposed,

(c) the personnel required to adequately monitor the care and security of the object while outside the care and management of the Board,

(d) the standing of the institution or body seeking to borrow the object in the local community,

(e) the interests of researchers and other persons using the facilities of the Museum,

(f) the contribution made by the institution or body to the promotion of the arts and culture,

(g) other public exhibitions organised by the Board.

(4) The Board shall not lend any museum heritage object pursuant to subsection (2) unless it is satisfied that adequate provision will be made for the safety and preservation of the object while outside of the care and management of the Board including the management and conduct of public exhibitions of the object.

(5) The Board may, at its discretion, for the purpose of increasing and diffusing the knowledge of human life in Ireland, of the natural history of Ireland and of the relations of Ireland in this respect with other countries, organise within the State or in Northern Ireland public exhibitions of museum heritage objects in the collection of the Museum.

(6) Where a public exhibition of museum heritage objects is intended to be held outside the State or Northern Ireland under the management and control of the government of the country in which such exhibition is held or of a public or local authority in such country or of the governing body of a university, college, or other educational institution in such country or of an institution or association founded and maintained for the promotion of art, science or literature in such country, the Board may, at its discretion, lend to such government, authority, body, institution or association for inclusion in such exhibition such and so many of the objects in the collection of the Museum as it thinks fit so to lend.

(7) The Board shall not lend any museum heritage objects pursuant to subsection (6) unless it is satisfied that—

(a) proper provision will be made for the safety, preservation and insurance of the objects while outside the care and management of the Board including the management and conduct of any public exhibition, and

(b) under the law of the country in which such exhibition is held loans of objects of similar cultural significance selected from the national or other public collections of objects in such country may be made to the Government and public authorities and cultural institutions in the State.

(8) Any moneys received by the Board by virtue of a public exhibition held outside the State and Northern Ireland under this section shall be applied by the Board to conserve and enlarge the collection of the Museum.

18. —(1) The Board of the Library may lend any library material in the collection of the Library for the purpose of research or public exhibition and in determining the period for which, and the conditions subject to which the library material is to be lent, the Board shall have regard to the following matters:

(a) the interests of researchers,

(b) the interests of the members of the Houses of the Oireachtas,

(c) the suitability of the conditions in which the library material will be displayed or used for research, as the case may be,

(d) the physical condition and degree of rarity of the library material,

(e) any risks to which the library material is likely to be exposed,

(f) whether the loan would be inconsistent with a condition of a gift or bequest,

(g) the opinion of the Heritage Council.

(2) Subject to subsection (6), the Board may dispose (whether by means of sale, exchange or gift) of any library material, if in the opinion of the Board, the library material—

(a) is by reason of damage, physical deterioration or infestation by destructive organisms not appropriate for inclusion in the collection of the Library, or

(b) can be disposed of without detriment to the interests of students, researchers or other members of the public, or

(c) is a document wholly in print, a copy of which may be made by the Board, whether by photographic or other means, or

(d) is a duplicate or replica of other material in the collection of another institution in the State to which members of the public have reasonable access.

(3) Before disposing of any library material under subsection (2), the Board shall publish a notice in Iris Oifigiúil and in at least two daily newspapers circulating throughout the State stating its intention to dispose of library material pursuant to this section.

(4) Where the Board proposes to dispose of library material under subsection (2) to a cultural institution, the Board shall have regard to the accessibility of the material to members of the public.

(5) The power conferred on the Board by subsection (2) shall not be exercised in a manner inconsistent with any terms or conditions attached to a donation or bequest of library material to the Library.

(6) Any moneys received by the Board by virtue of the disposal of library material under this section shall be applied by the Board to conserve and enlarge the collection of the Library.

19. —(1) The Board of the Museum shall consist of a chairperson and not less than 13 or more than 15 ordinary members who shall be appointed to be members of the Board of the Museum by the Minister.

(2) The Board of the Library shall consist of a chairperson and not less than 9 or more than 11 ordinary members who shall be appointed to be members of the Board of the Library by the Minister.

(3) Of the members of the Board of the Museum—

(a) 1 shall be appointed in accordance with subsection (5),

(b) 1 shall be appointed in accordance with subsection (6),

(c) 2 shall be appointed in accordance with subsection (7), and

(d) not less than 6 shall be women and not less than 6 shall be men.

(4) Of the members of the Board of the Library—

(a) 1 shall be appointed in accordance with subsection (8),

(b) 2 shall be appointed in accordance with subsection (9), and

(c) not less than 4 shall be women and not less than 4 shall be men.

(5) The person appointed to be a member of the Board of the Museum under subsection (3)(a) shall be selected by the Minister from a panel of not less than 2 persons who shall be nominated and, whose names shall, whenever so requested by the Minister, be submitted to him or her by the Royal Dublin Society.

(6) (a) The person appointed to be a member of the Board of the Museum by the Minister under subsection (3)(b) shall be selected by the Minister from a panel of not less than 4 persons (of whom not less than 2 shall be women and not less than 2 shall be men) who shall be nominated and, whose names shall, whenever so requested by the Minister, be submitted to him or her by the members of staff of the Board.

(b) The persons nominated by the members of the staff of the Board under paragraph (a) shall be such persons as are selected by those members in such manner as may be determined by the Minister after consultation with those members.

(7) Each person appointed to be a member of the Board of the Museum under subsection (3) (c) shall be selected by the Minister from a panel of not less than 4 persons who shall be nominated and, whose names shall, whenever so requested by the Minister, be submitted to him or her by the Royal Irish Academy.

(8) (a) The person appointed to be a member of the Board of the Library under subsection (4)(a) shall be selected by the Minister from a panel of not less than 4 persons (of whom not less than 2 shall be women and not less than 2 shall be men) who shall be nominated and, whose names shall, whenever so requested by the Minister, be submitted to him or her by the members of staff of the Board.

(b) The persons nominated by the members of the staff of the Board under paragraph (a) shall be such persons as are selected by those members in such manner as may be determined by the Minister after consultation with those members.

(9) Each person appointed to be a member of the Board of the Library under subsection (4) (b) shall be selected from a panel of not less than 4 persons who shall be nominated and, whose names shall, whenever so requested by the Minister, be submitted to him or her by the Royal Dublin Society.

(10) In the selection of persons for appointment to membership of a Board regard shall be had to the person's attainments or interest in or his or her knowledge of art, craft design, librarianship, museum curatorship, genealogy, education, management and administration, industrial relations, sales and marketing, or his or her competence otherwise to assist the Board in the performance of its functions.

20. —(1) A member of a Board shall hold office for such period not exceeding 5 years and on such other terms and conditions as the Minister may determine when appointing him or her.

(2) A member of a Board shall not be eligible for re-appointment if he or she has served 2 consecutive terms as a member of the Board.

(3) A member of a Board may resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date of receipt of the letter by the Minister.

(4) Each member of a Board shall be paid, out of moneys at the disposal of the Board, such remuneration (if any) and allowances for expenses incurred by him or her (if any) as the Minister may, with the consent of the Minister for Finance, determine.

(5) A member of a Board may at any time be removed from membership of the Board by the Minister if, in the Minister's opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions.

(6) (a) If a member of a Board dies, resigns, becomes disqualified or is removed from office, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned and the person so appointed shall be appointed in the same manner as the member of the Board who occasioned the casual vacancy.

(b) Subject to the other provisions of this section, a person appointed to be a member of a Board by virtue of this paragraph shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy he or she is appointed to fill and shall be eligible for re-appointment for one further consecutive term as a member of the Board.

(7) A member of a Board shall be disqualified for holding and shall cease to hold office if he or she is adjudged bankrupt or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment or penal servitude.

21. —(1) The Minister shall appoint a member of a Board to be chairperson of the Board.

(2) Where the chairperson of the Board ceases to be a member of the Board he or she shall also thereupon cease to be chairperson of the Board.

(3) The chairperson of the Board may at any time resign his or her office as chairperson by letter sent to the Minister and the resignation shall, unless previously withdrawn in writing, take effect at the commencement of the meeting of the Board held next after the Board has been informed by the Minister of the resignation.

(4) The chairperson of the Board shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (2) or (3), hold office until the expiration of his or her period of membership of the Board but, if he or she is re-appointed as a member of the Board, he or she shall be eligible for re-appointment as chairperson of the Board.

(5) The chairperson of the Board shall be paid such remuneration (if any) and such allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.

22. —(1) A Board shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The Minister shall fix the date, time and place of the first meeting of a Board.

(3) The quorum for a meeting of the Board of the Library shall be 5 or such other greater number as may be determined from time to time by the Board of the Library.

(4) The quorum for a meeting of the Board of the Museum shall be 6 or such other greater number as may be determined from time to time by the Board of the Museum.

(5) At a meeting of a Board—

(a) the chairperson of the Board shall, if present, be the chairperson of the meeting, and

(b) if and so long as the chairperson of the Board is not present or if the office of the chairperson is vacant, the members of the Board who are present shall choose one of their members to be chairperson of the meeting.

(6) At a meeting of a Board, each member of the Board present shall have a vote and every question shall be determined by a majority of votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a casting vote.

(7) A Board may act notwithstanding one or more vacancies among its members.

(8) Subject to the provisions of this Act, a Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.

23. —(1) (a) The Board of the Museum shall, as soon as may be after the establishment day, establish a committee to be known as the General Public Advisory Committee of the Museum to assist and advise the Board in relation to any matters pertaining to the public exhibition of museum heritage objects in the collection of the Museum and the provision of information and the dissemination of literature relating to those objects to members of the public (including any education programmes undertaken by the Board).

(b) The Board of the Museum may regulate the procedure of the committee established under paragraph (a) but, subject to any such regulation, the committee may regulate its own procedure.

(2) (a) The Board of the Library shall, as soon as may be after the Library establishment day, establish a committee to be known as the Readers Advisory Committee of the Library to advise the Board in relation to any matters pertaining to the provision of a library and information service to members of the public including the dissemination of literature in relation to the collection of the Library.

(b) The Board of the Library may regulate the procedure of the committee established under paragraph (a) but, subject to any such regulation, the committee may regulate its own procedure.

(3) A committee established under this section (“a committee”) shall consist of a chairperson (who shall, in the case of the Museum, be a member of the Board of the Museum and, in the case of the Library, be a member of the Board of the Library) and 5 ordinary members at least one of whom shall be resident in each province.

(4) (a) A member of a committee shall hold office for such period not exceeding 5 years and on such other terms and conditions as the Board of the Museum or the Board of the Library, as the case may be, may determine.

(b) A member of a committee shall not be eligible for re-appointment if he or she has served 2 consecutive terms as a member of the committee.

(5) The first meeting of a committee shall be held not more than one month after its establishment and subsequent meetings shall be held not more than 6 months after the last previous meeting.

24. —(1) A Board may establish committees to assist and advise it in relation to the performance of its functions.

(2) A committee established by a Board under this section may, if the Board thinks fit, include in its membership persons who are not members of the Board.

(3) A committee established by a Board under this section shall be chaired by a member of the Board.

(4) A Board may appoint a person to be chairperson of a committee established under this section.

(5) A Board may at any time dissolve a committee appointed under this section.

(6) A Board may regulate the procedure of committees established under this section but, subject to any such regulation, committees established under this section may regulate their own procedure.

25. —(1) A Board shall, as soon as may be after its establishment, provide itself with a seal.

(2) The seal of a Board shall be authenticated by the signature of its chairperson or another member of the Board authorised by it to act in that behalf and by the signature of an officer of the Board authorised by it to act in that behalf.

(3) Judicial notice shall be taken of the seal of a Board and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with subsection (2)) of the Board shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

26. —(1) Where a member of a Board is—

(a) nominated as a member of Seanad Éireann, or

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

(c) regarded, pursuant to section 15 (inserted by the European Parliament Elections Act, 1993 ) of the European Assembly Elections Act, 1977 , as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon cease to be a member of the Board.

(2) Where a person employed by the Board is—

(a) nominated as a member of Seanad Éireann, or

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

(c) regarded, pursuant to the said section 15, as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon stand seconded from his or her employment with the Board and shall not be paid by, or be entitled to receive from, the Board 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 he or she ceases to be a member of either such House or 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 member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for becoming a member of a Board or for employment in any capacity by a Board.

(4) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period therein mentioned as service with a Board for the purpose of any pensions, gratuities or other allowances payable on resignation, retirement or death.

27. —The Minister may, in each financial year, after consultation with a Board in relation to its proposed work programme and expenditure for that year, make grants of such amount as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the expenditure incurred by the Board in the performance of its functions.

28. —(1) A Board may accept gifts of money, land (subject to the consent of the Minister) or other property, upon such trusts or conditions, if any, as may be specified by the donor.

(2) A Board shall not accept a gift if the trusts or conditions attached to it would be inconsistent with its functions.

(3) Any funds of a Board which are a gift or the proceeds of a gift to it may, subject to any terms or conditions of the gift, be invested by the Board in any manner in which a trustee is empowered by law to invest trust funds.

29. —(1) There shall be a chief executive officer of the Museum who shall be known as the Director of the Museum.

(2) There shall be a chief executive officer of the Library who shall be known as the Director of the Library.

(3) (a) The Director of the Museum shall carry on and manage and control generally the administration and business of the Museum and perform such other functions as may be determined by the Board of the Museum.

(b) The functions conferred on the Director of the Museum pursuant to—

(i) the National Monuments Acts, 1930 to 1994, and

(ii) the Merchant Shipping (Salvage and Wreck) Act, 1993 ,

shall be performed subject to the control and general superintendence of the Board of the Museum.

(c) The Board of the Museum may, for the purposes of paragraph (a), give directions or guidelines to the Director of the Museum and he or she shall comply with any such directions and perform his or her functions in accordance with any such guidelines.

(4) (a) The Director of the Library shall carry on and manage and control generally the administration and business of the Library and perform such other functions as may be determined by the Board of the Library.

(b) The Board of the Library may, for the purposes of paragraph (a), give directions or guidelines to the Director of the Library and he or she shall comply with any such directions and perform his or her functions in accordance with any such guidelines.

(5) The first Director of the Museum shall be the officer standing designated by the Minister immediately before the establishment day as the Director of the Museum and shall not, while in the service of the Board of the Museum, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the establishment day.

(6) The first Director of the Library shall be the officer standing designated by the Minister immediately before the establishment day as the Director of the Library and shall not, while in the service of the Board of the Library, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the establishment day.

(7) Each subsequent Director of the Museum shall be appointed, and may be removed from office for stated reasons, by the Board of the Museum with the consent of the Minister.

(8) Each subsequent Director of the Library shall be appointed, and may be removed from office for stated reasons, by the Board of the Library with the consent of the Minister.

(9) Each subsequent Director of the Museum shall hold office for such term and upon and subject to such other terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Board of the Museum with the consent of the Minister and the Minister for Finance.

(10) Each subsequent Director of the Library shall hold office for such term and upon and subject to such other terms and conditions (including terms and conditions relating to remuneration) as may be determined by the Board of the Library with the consent of the Minister and the Minister for Finance.

(11) A Board shall act through, and its functions shall be performed in the name of the Board by a Director or another officer of the Board duly authorised in that behalf by a Director.

(12) A Director may make proposals to a Board on any matter relating to its activities.

(13) A Director shall devote the whole of his or her time to his or her duties as chief executive and shall not hold any other office or position without the consent of a Board.

(14) The Director of the Museum shall not be a member of the Board of the Museum and the Director of the Library shall not be a member of the Board of the Library.

(15) In this section—

“Director” means, as the context may require, the Director of the Museum or the Director of the Library or the Director of each of them;

“remuneration” includes allowances for expenses, benefits-in-kind and superannuation.

30. —(1) A Board may appoint such and such number of persons to be members of the staff of the Board (an adequate number of whom should be competent in the Irish language so as to provide service through Irish as well as English) as it may determine with the consent of the Minister and the Minister for Finance.

(2) (a) A member of the staff of the Board (other than the Director) shall be paid, out of moneys at the disposal of the Board such remuneration and allowances for expenses incurred by him or her as the Board may, with the consent of the Minister and the Minister for Finance, determine.

(b) A member of the staff of the Board shall hold his or her office or employment on such other terms and conditions as the Board may, with the consent of the Minister and the Minister for Finance, determine.

(3) The grades of the staff of the Board and the number of staff in each grade shall be determined by the Board with the consent of the Minister and the Minister for Finance.

(4) Every person who immediately before the establishment day is a member of the staff of the Minister and is engaged for the performance of duties exclusively in the Museum or Library, as the case may be, shall, on that day, be transferred to, and become a member of the staff of, the Board of the Museum or the Board of the Library, as may be appropriate.

(5) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (4) shall not, while in the service of a Board, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (including conditions relating to tenure of office) to which he or she was subject immediately before the establishment day.

(6) In relation to staff transferred by subsection (4) to the staff of a Board, previous service in, or service reckonable for the purposes of any superannuation benefits payable by or on behalf of, the Museum or Library, as the case may be, shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, the Unfair Dismissals Acts, 1977 to 1993 and the Terms of Employment (Information) Act, 1994 .

31. —(1) Every person who is on the day immediately before the establishment day a member of the staff of the Department of Arts, Culture and the Gaeltacht and is designated by the Minister for employment by a Board shall be transferred to and become a member of the staff of the Board on such day as may be specified by the Minister after consultation with the Board.

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of a Board, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the day specified by the Minister pursuant to subsection (1).

(3) In relation to persons transferred to a Board under subsection (1), previous service in the civil service shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, the Unfair Dismissals Acts, 1977 to 1993 and the Terms of Employment (Information) Act, 1994 .

32. —Without prejudice to the requirements of sections 30 and 31 , a Board, in determining the remuneration or allowances for expenses to be paid to members of its staff or the other terms or conditions subject to which such members hold or are to hold their employment, shall have regard to Government or nationally agreed guidelines which are for the time being extant or to Government policy concerning remuneration and conditions of employment which is so extant and, in addition to the foregoing, the Board shall comply with any directives with regard to such remuneration, allowances, terms or conditions which the Minister may give to the Board with the consent of the Minister for Finance.

33. —(1) A Board shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Board as it may think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3) Every such scheme may be amended or revoked by a subsequent scheme prepared, submitted and approved under this section.

(4) A scheme submitted by a Board under this section shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Board in accordance with its terms.

(5) Superannuation benefits granted under schemes under this section to persons who, immediately before the establishment day, were members of the staff of the Minister and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before that day.

(6) No superannuation benefit shall be granted by a Board nor shall any other arrangements be entered into by the Board for the provision of such a benefit to or in respect of a member of the staff of the Board otherwise than in accordance with a scheme under this section or with the consent of the Minister and the Minister for Finance.

(7) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(8) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of a Board under section 30 or 31 , the benefit shall be calculated by the Board in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day or such day as may be specified by the Minister pursuant to section 31 (1) and, for that purpose, his or her pensionable service with the Board shall be aggregated with his or her previous pensionable service and shall be paid by the Board.

(9) A scheme 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 the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

34. —A Board may, for the purpose of providing for current or capital expenditure, from time to time, borrow money including money in a currency other than the currency of the State, but shall not do so without the consent of the Minister and the Minister for Finance.

35. —(1) A Board shall submit estimates of income and expenditure to the Minister in such form, in respect of such periods, and at such times as may be required by him or her and shall furnish to the Minister any information which he or she may require in relation to such estimates.

(2) A Board shall cause to be kept on a continuous basis proper books of account of all income and expenditure of the Board, and of the sources of such income and the subject matter of such expenditure, and of the property, assets and liabilities of the Board and shall keep all such special accounts as the Minister may from time to time direct.

(3) The financial year of a Board shall be the period of twelve months ending on the 31st day of December in any year, and for the purposes of this provision the period commencing on the date of the commencement of this section and ending on the 31st day of December, 1998, shall be deemed to be a financial year.

(4) A Board and the officers thereof, shall, whenever so requested by the Minister, permit any person appointed by him or her to examine the books and accounts of the Board in respect of any financial year or other period and shall facilitate any such examination, and the Board shall pay such fee therefor as may be fixed by the Minister.

(5) (a) The accounts of a Board for each year shall be prepared in such form and manner as may be specified by the Minister.

(b) The accounts shall be submitted as soon as may be but not later than 6 months after the end of the financial year to which they relate by the Board to the Comptroller and Auditor General for audit.

(c) A copy of the accounts and the auditor's report thereon shall be presented to the members of the Board and to the Minister as soon as may be but not later than 12 months after the end of the financial year to which they relate and the Minister shall cause a copy of the documents aforesaid to be laid before each House of the Oireachtas.

36. —(1) As soon as may be after the end of each year, but not later than 6 months thereafter, a Board shall prepare and submit a report in writing in both the English and the Irish languages to the Minister of its activities during that year and the Minister shall cause copies thereof to be laid before each House of the Oireachtas.

(2) A report under subsection (1) shall include information in such form and regarding such matters as the Minister may direct.

(3) A Board shall, whenever so requested by the Minister, furnish to the Minister information in relation to such matters as he or she may specify concerning or relating to the scope of its activities generally, or in respect of any account prepared by the Board or any report specified in subsection (1) or section 35 .

37. —Any legal proceedings relating to a matter to which a function of a Board relates and pending immediately before the establishment day to which the Minister, any other State authority or the State is a party shall be continued with the substitution in the proceedings, in so far as they so relate, for any such party of the Board.

38. —(1) On the establishment day all property (other than land, museum heritage objects and library material) including choses-in-action, which immediately before that day was the property of the Minister and was used in connection with a function of the Minister corresponding to a function of a Board shall stand vested in the Board without any assignment.

(2) The Minister may on his or her initiative and shall on the application of a Board issue a certificate in respect of specified property stating, as he or she thinks proper, that the property vested in a Board under this section or did not so vest and the certificate shall be conclusive evidence of the facts so stated.

(3) Every chose-in-action transferred by subsection (1) to a Board may, after the establishment day, be sued on, recovered or enforced by the Board in its own name and it shall not be necessary for the Board or the Minister to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

39. —(1) All rights and liabilities of the Minister arising by virtue of any contract or commitment (expressed or implied) entered into by him or her before the establishment day in relation to a function of the Minister corresponding to a function of a Board shall on that day stand transferred to the Board.

(2) The Minister may on his or her own initiative and shall on the application of a Board issue a certificate in respect of a specified contract or commitment stating, as he or she thinks proper, that the rights and liabilities of the Minister thereunder were transferred on the establishment day to a Board under this section or were not so transferred and the certificate shall be conclusive evidence of the facts so certified.

(3) Every right and liability transferred by subsection (1) to a Board may, on and after the establishment day, be sued on, recovered or enforced by or against the Board in its own name and it shall not be necessary for the Board or the Minister to give notice to the person whose right or liability is transferred by this section of such transfer.

40. —A Board may from time to time engage such consultants or advisers as it may consider necessary or expedient for the performance of its functions, and any remuneration due to a consultant or adviser engaged under this section shall be paid by the Board out of moneys at its disposal having regard to guidelines issued from time to time by the Minister or the Minister for Finance and, in addition to the foregoing, the Board shall comply with any directives with regard to such consultants or advisers which the Minister may give to the Board with the consent of the Minister for Finance.

41. —Stamp duty shall not be chargeable on any conveyance, transfer or other instrument executed for the purpose of vesting property or any interest in property in a Board.