National Cultural Institutions Act, 1997
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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. |