PART VII

Miscellaneous

62. —(1) Subject to subsection (5), the Minister may, if he or she thinks it proper that an on-licence should be granted to a person or persons, being the Board or the Governors and Guardians or the board of any institution specified in the Second Schedule in respect of any particular part of premises occupied by the person or persons and vested in the Commissioners or the Minister, as the case may be, issue to the person or persons, a certificate approving of the grant of the licence.

(2) The Revenue Commissioners shall grant the licence on the presentation of the certificate to them.

(3) The Minister, if he or she so thinks proper, may from time to time issue to the person or persons referred to in subsection (1), a certificate approving of the renewal of the licence.

(4) (a) The Minister, if he or she thinks it proper that the licence should be transferred or extended to another part of the premises occupied by a person or persons referred to in subsection (1) and vested in the Commissioners or should cease to apply to any part of the premises aforesaid, may issue to the person or persons aforesaid a certificate approving of the alterations.

(b) Whenever such a certificate is presented to the Revenue Commissioners, they shall amend the licence accordingly.

(5) The Minister shall not issue a certificate under this section in respect of the whole or any part of a premises unless the premises are specified in column (2) of the Second Schedule .

(6) Notwithstanding section 2 (as amended by section 25 of the Intoxicating Liquor Act, 1988 , and section 2 of the Intoxicating Liquor Act, 1995) of the Intoxicating Liquor Act, 1927 , it shall be lawful for any person to sell or expose for sale any intoxicating liquor on any premises or any part of premises to which an on-licence granted under this section relates, or to open or keep open such premises for the sale of intoxicating liquor, or to permit any intoxicating liquor to be consumed on such premises at any time during which members of the public are permitted to enter and remain on such premises.

(7) In this section “on-licence” has the meaning assigned to it by the Intoxicating Liquor Act, 1927 .

63. —(1) Notwithstanding section 2 of the Act of 1707, the Minister may, with the consent of the Governors and Guardians of Marsh's Library, appoint two persons to be Governors and Guardians of Marsh's Library in addition to the persons appointed as such Governors and Guardians by virtue of that section.

(2) The provisions of section 20 (other than subsection (4)) shall apply, with any necessary modifications, to a Governor and Guardian appointed under this section as they apply to the members referred to in that section.

(3) In this section “the Act of 1707” means The Act of the Irish Parliament 6 Anne c.19 (which Act provided inter alia for the establishment of the Library now known as Marsh's Library).

64. —Property occupied, on or after the commencement of this section, by—

(a) the Museum,

(b) the Library,

(c) the National Gallery,

(d) the Irish Museum of Modern Art Company,

(e) the Arts Council,

(f) the Heritage Council,

(g) the National Concert Hall Company,

(h) the Chester Beatty Library or

(i) the National Theatre Society Limited,

shall be exempt from the rate chargeable by a local authority.

65. —(1) Subject to the provisions of this section, the publisher of any material to which this section applies shall, within one month or such longer period as the Board of the Library may in any particular case allow after its publication, deliver at his or her own expense, a copy of the material—

(a) to the Board of the Library, or

(b) if the Library establishment day falls after the expiration of the period aforesaid, to the Minister,

and the Board or the Minister, as the case may be, shall, as soon as may be after such delivery, give a written receipt to the publisher for material so delivered.

(2) The publisher of material to which this section applies that relates substantially or primarily to Ireland shall, if written demand for any such material is made by the Board of the Library not later than 12 months after its publication, deliver a copy of the material to the board within one month after receipt of the demand or, if the demand was made before its publication, within one month or such longer period as the Board may in any particular case allow after its publication.

(3) The Board, with the consent of the Minister, or, before the Library establishment day, the Minister, may make such regulations as the Board or the Minister, as the case may be, considers appropriate in relation to the quality and format of material to which this section applies in cases where the copies of such material are not of uniform quality or can be published in different formats.

(4) In this section—

“engraving” has the meaning assigned to it by section 2 of the Copyright Act, 1963 ;

“material to which this section applies” means material that is of such class as may be specified in regulations made by the Board of the Library with the consent of the Minister or, before the Library establishment day, by the Minister and in this definition “material” includes any engraving, photograph, play script, cinematograph film, microfilm, video recording, sound recording, record, diskette, magnetic tape, compact disc, or other thing which has been published and on or in which information is written, recorded, stored or reproduced but does not include local records or local archives within the meaning, in each case, of section 65 of the Local Government Act, 1994 , or books within the meaning of section 56 of the Copyright Act, 1963 ;

“publisher” other than in subsection (2) means—

(a) in relation to material to which this section applies, a person resident in the State who publishes or causes to be published the material to the public or a section of the public, and

(b) in relation to material to which this section applies that relates substantially or primarily to Ireland, a person who distributes but does not publish or cause to be published the material in the State to the public or a section of the public,

and in subsection (2) has the meaning assigned to it by paragraph (b).

(5) A publisher who contravenes this section shall be liable on summary conviction to a fine not exceeding £500 and the value of the library material and the fine shall be paid to the Board.

(6) The Minister may by order apply this section, with such modifications and adaptations as he or she considers necessary, to one or more of the institutions or bodies referred to in section 56 of the Copyright Act, 1963 .

66. —(1) Section 56 of the Copyright Act, 1963 , is hereby amended by—

(a) in subsection (1)—

(i) by the substitution of “any book published” for “any book first published in the State”,

(ii) by the substitution of “Board of the National Library of Ireland” for “trustees of the National Library of Ireland” in each place where it occurs, and

(iii) by the substitution of “Board of the British Library” for “trustees of the British Museum” in each place where it occurs,

(b) in subsection (2), by the substitution of “any book published” for “any book first published in the State”,

(c) in subsection (3)—

(i) by the substitution of “Board of the National Library” for “trustees of the National Library of Ireland”, and

(ii) by the substitution of “Board of the British Library” for “trustees of the British Museum”, and

(d) in subsection (5), by the substitution of “£500” for “twenty pounds”.

(2) The said section 56 shall be construed as if the references to a publisher were references to a publisher within the meaning of the definition of “publisher” in section 65 (4) modified so that references in that definition to material to which that section applies are construed as references to a book.

(3) Subsection (1) of the aforesaid section 56, in so far as it relates to the publisher (within the meaning of paragraph (b) of the definition of “publisher” in section 65 ), shall apply only to the Library and to a book that relates substantially or primarily to Ireland and then only if written demand for a copy thereof is made in accordance with subsection (2) of section 65 by the Board of the Library.

67. —The Minister may direct a Board, the Director of the National Archives or the Governors and Guardians from time to time as occasion requires to make available to the Heritage Council such advice as it may require to assist it in the performance of its functions.

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”.

69. —(1) Where a dispute arises between the Museum and a public authority or a local authority, as the case may be, concerning the care, control and management of an archaeological object to which this section applies, the matter shall be determined by the Minister after consultation with the Heritage Council whose decision in relation thereto shall be binding on the parties concerned.

(2) This section applies to an archaeological object that—

(a) is in the ownership of the State,

(b) is in the care of a public or local authority, as the case may be, before the commencement of the Act of 1994, and

(c) has not at any time been in the care of the Museum.

70. —(1) In this section—

“improvement”, in relation to the premises, includes structural or other alterations or additions to the premises, the installation on the premises of any plant, machinery or equipment and the construction of any building (or other structure) on the premises;

“premises” means, in relation to the Museum, any building or part of a building or other land occupied by the Museum and, in relation to the Library, means any building or part of a building or other land occupied by the Library.

(2) The Commissioners shall carry out, or cause to be carried out on their behalf, under the general superintendence of the Minister, and upon and subject to such terms and conditions as may be agreed upon by the Commissioners and the Museum or the Library, as the case may be, such work as, in the opinion of the Commissioners, is necessary or expedient for the maintenance, upkeep, repair, renovation and improvement of the premises.