National Cultural Institutions Act, 1997

Amendment of National Monuments Acts, 1930 to 1994.

68.—(1) The reference in section 25(2) of the Act of 1930, to the Minister for Education shall be construed as a reference to the Board of the Museum.

(2) The Act of 1994 is hereby amended as follows:

(a) by the substitution of the following section for section 3:

Disposal of archaeological objects by State.

3.—(a) Subject to the provisions of this section, where, after the commencement of this section, an archaeological object becomes the property of the State, the Director may, at his or her discretion, if he or she is of opinion that the object is not of sufficient archaeological or historical interest to justify its retention by the State, dispose of the object by whatever means he or she thinks fit.

(b) Where an archaeological object becomes the property of the State and the Director is of opinion that the object is predominantly more of local rather than national interest, the Director may place the object in the care of a designated museum.

(c) An archaeological object that has been placed in the care of a designated museum under paragraph (b) shall not be disposed of other than by means of its transfer into the care of another designated museum or the National Museum of Ireland.

(d) Any dispute between a designated museum and the Director as to where an archaeological object should be kept shall be referred to the Minister and he or she shall, after consultation with the designated museums, decide which museum should keep the object and the decision of the Minister shall be final and shall be carried into effect.

(e) The Minister may make regulations in relation to the care and management of archaeological objects kept in designated museums pursuant to this section.

(f) The Director may, with the consent of the Minister, designate museums (referred to in this section as ‘designated museums’) in the ownership and control of local authorities for the purposes of this section.

(g) The Director shall, if so required by the Minister, revoke a designation under paragraph (f).

(h) Where a designation is revoked under paragraph (g), any archaeological object in the care of the museum concerned on the date of such revocation shall be transferred, as soon as may be, to the National Museum of Ireland or such designated museum as the Minister may direct.”

and

(b) in section 6—

(i) by the substitution in subsection (1) of “The Director or any other person authorised by the Board of the Museum” for “The Director”, and

(ii) by the substitution in subsection (2) of “the Minister or, whenever so requested by the Minister, the Board of the Museum” for “the Minister”.