National Cultural Institutions Act, 1997
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Export licences. |
50.—(1) (a) Subject to the provisions of this section, the Minister shall, on the application of a person in that behalf, grant to that person a licence authorising the person to export an article to which this Part applies (referred to in this Act as “a licence”). | |
(b) An application for a licence shall be in such form as may be prescribed or in a form to the like effect. | ||
(2) Where an application is made to the Minister for a licence in respect of an article referred to in section 49 (1)(d)— | ||
(a) in the case of an article that for an uninterrupted period of 5 years before the commencement of this section was in the care of an institution specified in the Second Schedule or in any other institution owned or funded wholly or substantially by the State or by any public or local authority, the Minister may, at his or her discretion, grant or refuse to grant the licence and any such licence may be subject to such conditions and restrictions as the Minister determines and specifies in the licence, | ||
(b) in the case of a cultural object that comes into the care of an institution referred to in paragraph (a) after the commencement of this section and remains in such care for an uninterrupted period of 10 years, the Minister may, at his or her discretion, grant or refuse to grant the licence and any such licence may be subject to such conditions and restrictions as the Minister determines and specifies in the licence, | ||
(c) in any other case, the Minister shall grant the licence and any such licence may be subject to such conditions and restrictions as the Minister determines and specifies in the licence including the condition that the object shall not be exported before the expiration of one year from the date of the application for the licence. | ||
(3) Where an application is made to the Minister for a licence in respect of an article referred to in section 49 (1)(e), the Minister may, at his or her discretion, grant or refuse to grant the licence and any such licence may be subject to such conditions and restrictions as the Minister determines and specifies in the licence. | ||
(4) A licence shall remain in force for such period as may be specified therein. | ||
(5) (a) A person who holds a licence shall comply with the conditions of the licence. | ||
(b) A person who contravenes paragraph (a) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500. | ||
(6) Where an application is made to the Minister for a licence to export an article to which this Part applies, the Minister may request the applicant to afford the Minister such facilities as he or she may think necessary for the making within a reasonable time of copies of the article whether by photographic or other means, and in that case he or she shall not grant the licence unless the request has been complied with. | ||
(7) Where the applicant for a licence in respect of an article to which this Part applies affords facilities for the making of copies of the article, whether by photographic or other means, the Minister may cause copies of the article to be made and may cause any copies so made to be used in any manner which he or she thinks proper. | ||
(8) Where copyright subsists in an article referred to in subsection (6), the making of copies pursuant to that subsection shall not constitute an infringement of that copyright. |