National Cultural Institutions Act, 1997

Delegation of functions of Minister.

51.—(1) The Minister may by order delegate such one or more of his or her functions as he or she specifies in the order—

(a) under section 50

(i) in relation to museum heritage objects, to the Board of the Museum or the Heritage Council,

(ii) in relation to paintings, to the Governors and Guardians, the Heritage Council or the Board of the Irish Museum of Modern Art Company, and

(iii) in relation to documents, to the Board of the Library, the Heritage Council or the Director of the National Archives,

or such class or classes of any one or more of the foregoing as he or she may specify in the order,

(b) under section 4 (1), in relation to an offence or any class of offence under section 25 of the Act of 1930, and sections 49 and 65 , to a Board or (in relation to an offence under section 49 ) to the Governors and Guardians.

(2) The following provisions shall have effect in relation to the delegation of a function under subsection (1):

(a) the function shall be performed by the person to whom it was delegated in his or her own name but subject to the general superintendence and control of the Minister;

(b) the Minister may amend or revoke an order made under this section;

(c) the delegation shall operate, while it is in force, to confer the function on and vest it in the person to whom it was delegated;

(d) the function shall, notwithstanding the delegation, continue to be vested in the Minister but shall be so vested concurrently with the person to whom it was delegated and so as to be capable of being performed by the Minister or the person;

(e) the delegation shall not remove or derogate from the responsibility of the Minister to Dáil Éireann or as a member of the Government for the performance of the function by the person.

(3) An order under this section may contain such ancillary or subsidiary provisions as the Minister considers necessary or expedient.