National Cultural Institutions Act, 1997

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Restriction on export of articles to which this Act applies.

49.—(1) Each of the following shall be an article to which this Part applies—

(a) any document (other than a document wholly in print) which is not less than 70 years old of a value exceeding such an amount (if any) as may be specified by order made by the Minister,

(b) any painting (other than a painting in the ownership of the person who painted it) not less than 25 years old of a value exceeding such amount (if any) as may be specified by order made by the Minister which is painted entirely by hand on any medium and in any material and which either—

(i) originated in Ireland, or

(ii) has been in the State for not less than 25 years,

(c) any document declared by an order made by the Minister under subsection (2) to be an article to which this Part applies,

(d) any cultural object entered in the register,

(e) any archaeological object,

(f) any object specified in the Third Schedule which is made in Ireland, is not less than 70 years old and the value of which is not less than £35,000,

(g) any cultural object falling within a class of cultural objects designated by order by the Minister.

(2) The Minister may by order declare any document, which is in his or her opinion of national, historical, genealogical or literary interest, to be an article to which this Part applies.

(3) The Minister may by order declare any object, which is in his or her opinion an archaeological object, to be an article to which this Part applies.

(4) The Minister may by order declare that any document, painting, cultural object entered in the register, archaeological object, any cultural object falling within a class of cultural objects designated by order by the Minister under paragraph (g) of subsection (1) or object specified in the Third Schedule , of a class or classes denoted in such manner as may be determined by the Minister, shall be excluded from the operation of this Part and any object so declared to be excluded shall, so long as the order is in force, cease to be an article to which this Part applies.

(5) The Minister may by order vary—

(a) one or more of the ages standing specified for the time being in paragraph (a), (b) and (f) of subsection (1), or

(b) the amount standing specified for the time being in paragraph (f) of subsection (1),

and those paragraphs shall have effect in accordance with the provisions of any order under this subsection for the time being in force.

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

(7) It shall not be lawful for any person to export or attempt to export or sell for export any article to which this Part applies unless such person is the holder of a licence authorising the export of the article.

(8) A person who contravenes this section shall be guilty of an offence and shall be liable—

(a) on summary conviction—

(i) in case the offence relates to an article falling within paragraph (d) or (e) of subsection (1), to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months or to both, and

(ii) in case the offence relates to any other article, to a fine not exceeding £1,500, and

(b) on conviction on indictment—

(i) in case the offence relates to an article falling within paragraph (d) or (e) of subsection (1), to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 2 years or to both, and

(ii) in case the offence relates to any other article, to a fine not exceeding £50,000.

(9) If a person is convicted of an offence under subsection (8) in relation to the export of an article to which this Part applies that—

(a) is a cultural object entered in the register and, prior to the date of conviction, had been in the care, control or under the management of an institution owned or funded wholly or substantially by the State or by any public or local authority, or

(b) is an archaeological object,

the court may order the object to be forfeited.

(10) A court shall not order an object to be forfeited under subsection (9) in a case where a person claiming to be the owner of it or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to the person to show cause why the order should not be made.

(11) Where an object is ordered by a court to be forfeited under subsection (9), the object shall become and be the property of the Minister on and from the date of the order and the order shall operate to deprive the owner thereof of his or her rights in or to the object.

(12) An order under subsection (9) shall not take effect until the ordinary time for instituting an appeal against the order or the conviction concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.

(13) In proceedings for an offence under this section it shall not be necessary to negative by evidence the existence of any licence authorising the export of an article to which this Part applies and accordingly the onus of proving the issue of such a licence to the defendant shall be on the defendant.

(14) In a prosecution of a person under this section, it shall be a defence for the person to prove that he or she did not know, and had no reason to suspect that it was an article falling within paragraph (a), (b), (f) or (g) of subsection (1).

(15) In this section “document” includes “estate records, parish and school registers, burial and cemetery records and maps”.