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Applications to High Court for compensation under this Part.
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59.—(1) A person who has applied to the Minister under the foregoing provisions of this Part for compensation in respect of a cultural object acquired by a vesting order and has either refused an offer of compensation made to him or her by the Minister in respect of the aforesaid object or has been informed by the Minister that he or she does not intend to make any such offer, may apply to the High Court in a summary manner for compensation under this section in respect of the object.
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(2) An application under subsection (1) shall be made not later than 3 months after whichever of the following dates is applicable, that is to say—
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(a) the date on which the applicant refused the offer by the Minister of a specified sum of compensation, or
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(b) the date on which the applicant was informed by the Minister that he or she did not intend to make any such offer.
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(3) On application to it under subsection (1), the High Court, shall, if it is satisfied that the applicant is entitled to compensation under this section—
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(a) award to the applicant compensation under this section,
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(b) fix the amount of such compensation in accordance with this section, and
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(c) order that the compensation so awarded and fixed shall be paid to the applicant by the Minister.
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(4) In assessing the compensation payable to a person under this section, the High Court shall have regard to the fact that the Minister may refuse to grant a licence to a person in respect of the cultural object concerned.
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(5) An order under subsection (3) may contain such consequential or supplementary provisions as the High Court considers appropriate.
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(6) The High Court may make such order (if any) as it considers just for the payment of all or part of any costs incurred by a person in respect of an application for compensation under this section.
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(7) The High Court shall, on application to it in that behalf by the Minister within one month of the making of an order under subsection (3), by order discharge the order, direct the return of the cultural object to the applicant concerned, annul the vesting order made by the Minister and, if it so thinks fit, award such compensation as it considers appropriate in respect of any loss incurred by the applicant by virtue of the retention by the institution of the object after the request of the applicant for its return.
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