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11 1997

NATIONAL CULTURAL INSTITUTIONS ACT, 1997

PART III

Indemnities in Respect of Certain Cultural Objects

Definitions (Part III).

42. —In this Part—

authorised area of an institution” means, in relation to an institution, the premises specified in column (2) of the Second Schedule opposite the mention of the institution specified in column (1) thereof;

cultural object” includes museum heritage objects, library material and any other object or thing considered appropriate to be exhibited or kept by an institution specified in the Second Schedule .

Indemnities in respect of cultural objects on loan.

43. —(1) Subject to the subsequent provisions of this section, the Minister may, with the consent of the Minister for Finance, in such cases and to such extent as the Minister may determine, undertake to indemnify any person for the loss of, or damage to, a cultural object kept outside the State while that object is on loan to an institution specified in the Second Schedule from a person resident outside the State for the purpose of public exhibition in an authorised area of the institution:

Provided that the Minister is of opinion that the public exhibition of the object will contribute materially to public understanding or appreciation of art and culture and the value of the object is shown to the satisfaction of the Minister to have been agreed on between the institution and the lender.

(2) References in this section to the loss of, or damage to, an object while on loan include references to the loss of, or damage to, the object while being taken to or returned from the place where it is to be exhibited while on loan.

Provisions relating to indemnities.

44. —(1) The aggregate amount of liability at any time of the Minister in respect of any undertakings given under section 43 (1) shall not exceed £150,000,000.

(2) (a) Subject to paragraph (b) the Minister shall not give an undertaking under section 43 (1) unless the value or, as the case may be, the aggregate value of a cultural object or objects exceeds £1,000,000.

(b) Paragraph (a) shall not apply to a cultural object lent by the Ulster Museum, the Ulster Folk and Transport Museum, the Public Record Office of Northern Ireland or such other institutions in Northern Ireland as may be designated by order by the Minister or to a cultural object forming part of an exhibition approved by the Minister for Foreign Affairs and the Minister organised by a cultural institution outside the State.

(3) Where at any time the giving of a particular undertaking or undertakings, as the case may be, would cause the aggregate amount of liability at any time of the Minister to exceed the amount standing specified for the time being in subsection (1), if the Minister considers it appropriate to do so, he or she may, with the consent of the Minister for Finance, by order vary the amount standing specified by substituting an amount that is larger than the amount standing specified for the time being and, if the Minister does so, he or she shall also provide in the order that the variation shall cease to have effect on and after such date as may be so specified in the order.

(4) (a) The Minister may by order vary the amount standing specified for the time being in subsection (1) by reference to any increases in the values generally of cultural objects, such increases being determined by the Minister in such manner as he or she considers appropriate, and subsection (1) shall have effect in accordance with the provisions of any order under this subsection for the time being in force.

(b) Without prejudice to the generality of paragraph (a), in making a determination under that paragraph the Minister shall have regard to the value of cultural objects sold at such auctions in the United States of America, France and the United Kingdom of Great Britain and Northern Ireland as the Minister considers appropriate and shall also have regard to any relevant art sale indexes.

(5) Any amount required to meet a liability incurred by the Minister under this section shall be advanced out of the Central Fund or the growing produce thereof and shall be repaid to the Central Fund out of moneys provided by the Oireachtas.

(6) For the purpose of providing money for any advance under this section the Minister for Finance may borrow from any person any sum or sums, and for the purpose of such borrowing he may create and issue securities bearing such rate of interest and subject to such conditions as to repayment, redemption or otherwise as he thinks fit, and shall pay the moneys so borrowed into the Exchequer.

(7) The principal of or any interest on any securities issued under this section and the expenses incurred in connection with the issue of such securities shall be charged on the Central Fund or the growing produce thereof.

(8) All moneys received by the Minister in pursuance of an undertaking given under this section shall be collected and taken in such manner as the Minister for Finance may direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

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

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

Amendment of Second Schedule.

45. —(1) Subject to the subsequent provisions of this section, the Minister may by order amend the Second Schedule .

(2) The name of an institution shall not be inserted in column (1) of the Second Schedule pursuant to subsection (1) unless the Minister, after consultation with the Director of the Library, the Director of the Museum, or the Governors and Guardians, as may be appropriate, is satisfied that the institution—

(a) has as one of its principal functions the preservation for the benefit of the public of a collection of cultural objects,

(b) maintains, manages and controls a collection of national or international significance,

(c) is owned or funded wholly or substantially by the State or by any public or local authority, and

(d) is experienced in the organisation of temporary exhibitions of cultural objects originating outside the State.

(3) The name of an authorised area shall not be inserted in column (2) of the Second Schedule pursuant to subsection (1) unless the Minister, after consultation with the appropriate person referred to in subsection (2), is satisfied that necessary measures have been taken to ensure that the area is safe for use as an area for exhibiting cultural objects to members of the public.

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

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

Indemnities in respect of certain cultural objects entered in register.

46. —(1) This section applies to a cultural object entered in the register which is in the ownership of a person other than an institution specified in the Second Schedule and—

(a) which has been in the care or under the management of the institution for an uninterrupted period not exceeding 10 years ending upon the commencement of this section or comes under such care or management after such commencement, and

(b) the value of which (agreed on between the institution and the owner thereof) was not less than £250,000 on the date of the agreement between the institution and the owner of the object relating to the care, control or management of the object by the institution.

(2) Subject to the subsequent provisions of this section, on the application to the Minister in that behalf by an institution specified in the Second Schedule , the Minister may, with the consent of the Minister for Finance, in such cases and to such extent as the Minister may determine undertake to indemnify the owner of a cultural object to which this section applies in respect of—

(a) the cost of repair or restoration, or

(b) the theft, loss or damage,

of the object while in the care or under the management of an institution specified in the Second Schedule .

(3) The aggregate amount of liability at any time of the Minister in respect of any undertakings given under subsection (2) (a) shall not exceed £10,000,000.

(4) The aggregate amount of liability at any time of the Minister in respect of any undertakings given under subsection (2) (b) shall not exceed £10,000,000:

Provided that the Minister shall not give an undertaking in relation to a particular cultural object exceeding 10 per cent. of the value of the object (subject to a maximum amount of £1,000,000 in respect of each object).

(5) The Minister may by order vary the amounts standing specified for the time being in subsections (3) and (4) and those subsections shall have effect in accordance with the provisions of any order under this subsection for the time being in force.

(6) Where the ownership of a cultural object to which this section applies is disputed or otherwise uncertain, the Minister may give an undertaking under subsection (2) in relation to the object to such person as he or she considers appropriate.

(7) The giving of an undertaking under subsection (2) to a person in relation to a cultural object to which this section applies shall not be construed as an acknowledgement of the right of the person to ownership of the object.

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

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