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Statutory Instrument 1998 No. 261 (N.I. 2)Museums and Galleries (Northern Ireland) Order 1998(The document as of February, 2008) STATUTORY INSTRUMENTS1998 No.261 (N.I. 2)Museums and Galleries (Northern Ireland) Order 1998
Whereas a draft of this Order has been approved by a resolution of each House of Parliament: Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: - Title and commencement 1. - (1) This Order may be cited as the Museums and Galleries (Northern Ireland) Order 1997. (2) This Order shall come into operation on such day as the Department may by order appoint. Interpretation 2. - (1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly. (2) In this Order -
(3) References in this Order to property, rights and liabilities are references to any property, rights and liabilities whether or not capable of being transferred or assigned. The Board of Trustees of the National Museums and Galleries of Northern Ireland 3. - (1) On the appointed day, there shall be established a body to be known as the Board of Trustees of the National Museums and Galleries of Northern Ireland. (2) Schedule 1 shall have effect in relation to the Board. (3) The following bodies are hereby abolished, namely -
(b) the Trustees of the Ulster Museum. (4) Schedule 2 shall have effect -
(b) for making provision in consequence of paragraph (3). Functions of the Board
(b) secure that the objects are exhibited to the public and assist the public by interpreting the significance of the objects; (c) secure that the objects are available to persons seeking to inspect them in connection with study or research; and (d) generally promote the awareness, appreciation and understanding by the public of -
(ii) the culture and way of life of people; and (iii) the migration and settlement of people, both by means of the Board's collections and by such other means as the Board considers appropriate. (2) In carrying out its functions the Board shall have particular regard to the heritage of Northern Ireland.
(b) accept gifts or bequests of money or objects or other property and execute any lawful trust having objects similar to those of the Board or incidental or conducive to the attainment or furtherance of any object of the Board; (c) give assistance (including financial assistance) to bodies having functions similar to those of the Board; (d) provide education, training, instruction and advice, and carry out research; (e) compile and maintain an archive; (f) co-operate with other persons or bodies; (g) enter into contracts and other agreements; (h) erect buildings or reconstruct existing buildings and carry out such other works as the Board may think fit; (i) except where the terms upon which the object is held expressly provide to the contrary, lend any object for the time being vested in the Board; (j) borrow any object for exhibition; (k) do all such other acts (including requiring payment for services or goods provided by the Board) as appear to the Board to be necessary or expedient for the performance of all or any of the functions of the Board or as are incidental to the carrying out of those functions. (4) In paragraph (3)(e), "archive" includes any collection of sound recordings, images or information, however stored.
(b) subject to that, shall have regard to the interests of persons visiting the Board's collections, the suitability of the prospective borrower, the purpose of the loan, the physical condition and degree of rarity of the object, and any risks to which it is likely to be exposed. (6) The Board may allow premises occupied or managed by the Board to be used by other persons (for payment or otherwise) for purposes not connected with the functions mentioned in paragraph (1), if the Board is satisfied that to do so would not conflict unduly with those functions.
(b) education and library boards; and (c) such other bodies as the Department and the Board, acting jointly, may determine. Disposal of objects
(b) the disposal is by way of sale, exchange or gift of an object which in the opinion of the Board is unsuitable for retention in its collections and can be disposed of without detriment to the interests of students or other members of the public; or (c) the disposal is by way of sale or gift made to, or exchange made with, any institution mentioned in Part I of Schedule 5 to the Museums and Galleries Act 1992; or (d) the disposal (by whatever means, including destruction) is of an object which the Board is satisfied has become useless for the purposes of its collections by reason of damage, physical deterioration or infestation by destructive organisms; or (e) the Department consents to the disposal. (3) An object may only be disposed of as mentioned in paragraph (2)(a), (b) or (c) where the disposal is not inconsistent with any trust or condition (express or implied) prohibiting or restricting the disposal of the object.
(b) anything done before that day by or in relation to the transferring body in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the Board. (5) Paragraphs (3) and (4) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions but no such right shall arise by reason only of the change in employment effected by paragraph (3).
Power of Board to make bye-laws
(b) regulating the conduct of persons on those premises; (c) forthepreservationofproperty vested in theBoard orin the custody of the Board; (d) otherwise securing the efficient administration of any premises occupied or managed by the Board. (2) Bye-laws made under paragraph (1) may authorise persons employed by the Board to exercise such powers and perform such duties as the Board may consider necessary for the enforcement of such bye-laws and in particular any person so authorised may, after due warning, remove or exclude from any premises occupied or managed by the Board a person who -
(b) commits, or whom he reasonably suspects of committing, an offence against section 4 of the Vagrancy Act 1824. Power of Board to form companies
(b) such other conditions as the Department thinks appropriate in the public interest, to grants made to the Board under paragraph (1).
(b) the Comptroller and Auditor General for Northern Ireland shall examine and certify the statement of accounts submitted to him by the Board and shall send copies of the accounts so certified and any report of his thereon to the Department; and (c) the Department shall lay before the Assembly a copy of the certified statement of accounts of the Board together with a copy of any report thereon of the Comptroller and Auditor General for Northern Ireland. (3) The Comptroller and Auditor General for Northern Ireland in the discharge of his functions under this Article shall have right of access to the books, accounts and records of the Board and may require from any member or officer or former member or officer of the Board such information relating to the affairs of the Board as he may think necessary for the proper performance of those functions. Provision and maintenance of museums and galleries by district councils 12. - (1) A district council, either alone or together with another district council or any other person, may provide and maintain museums and galleries. (2) A district council may acquire land otherwise than by agreement for the purposes of paragraph (1). (3) A district council may pay to another district council sums by way of contribution towards the expenses of the maintenance or provision of a museum or gallery by that other council. (4) A district council may make grants towards the expenses of the maintenance or provision of a museum or gallery by any person. (5) A district council shall consult with the Department and such other bodies as the Department may determine before exercising -
(b) any power mentioned in paragraph (4) in so far as that power relates to the making of grants towards the expenses of the provision of a museum or gallery. (6) In this Article "provide" and "maintain" have the meanings assigned by section 147 of the Local Government Act (Northern Ireland) 1972.
(b) regulating the conduct of persons in such museums and galleries; (c) for the preservation of property vested in the council or in its custody for the purposes of such museums and galleries; (d) otherwise securing the efficient administration of such museums and galleries. (2) Without prejudice to section 93 of the Local Government Act (Northern Ireland) 1972, bye-laws made by virtue of paragraph (1) may authorise persons employed by the district council and members of the Royal Ulster Constabulary after due warning to remove or exclude from any museum or gallery maintained by the council a person who commits, or who is reasonably suspected of committing, an offence against any such bye-law or against section 4 of the Vagrancy Act 1824. Amendments and repeals 15. - (1) Schedule 3 (which makes consequential amendments) shall have effect. (2) References in any statutory provision to the Trustees of the Ulster Folk and Transport Museum or to the Trustees of the Ulster Museum shall be construed as references to the Board. (3) The statutory provisions set out in Schedule 4 are hereby repealed to the extent specified in column 3 of that Schedule. N.H. Nicholls Clerk of the Privy Council 1. - (1) The Board shall be a body corporate to which, subject to the provisions of this Order, section 19 of the Interpretation Act (Northern Ireland) 1954 shall apply. (2) The Board shall not -
(b) except with the approval in writing of the Department, acquire or dispose of any estate in land. 2.The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and its property shall not be regarded as the property of, or property held on behalf of, the Crown. 3. - (1) The Board shall consist of not fewer than 12 nor more than 15 persons (in this Schedule referred to as "trustees") as the Head of the Department shall appoint after consultation with -
(ii) persons engaged in providing education; (iii) persons engaged in promoting the awareness, appreciation and understanding by the public of the heritage of Northern Ireland; (b) such other persons as the Head of the Department shall think fit. (2) In the period of 12 months from the making of this Order, sub-paragraph (1) shall have effect with the omission of the words from "after consultation with" to the end.
(b) where he becomes bankrupt or makes a composition with his creditors; (c) where in the opinion of the Head of the Department he has failed to comply with the terms of his appointment or is otherwise unable or unfit to discharge his functions and the Head of the Department so informs the Board in writing; (d) where he is convicted of an indictable offence and is sentenced to a term of imprisonment of not less than 3 months; or (e) where he fails, without leave of the Board, to attend any meetings of the Board, or of a committee thereof of which he is a member, for a period of 6 consecutive months. (3) A person who ceases to be a trustee shall be eligible for re-appointment. 5. - (1) The right of the Board under section 19(1)(a)(vi) of the Interpretation Act (Northern Ireland) 1954 to employ staff shall be exercised subject to any direction which may be given by the Department with respect to the terms and conditions of service of persons employed or to be employed by the Board. (2) The remuneration of persons employed by the Board shall be at such rate as the Board may, with the consent of the Department, determine. (3) The Board may, in accordance with arrangements determined by the Department, make provision for the payment on death or retirement of pensions, gratuities or other like benefits to or in respect of the service of persons employed by the Board. 6. - (1) The Board shall, in accordance with procedures approved by the Department, appoint a fit person to be its chief executive officer. (2) The chief executive officer of the Board shall be responsible to the Board for the general exercise of the Board's functions. (3) Before making an appointment under sub-paragraph (1), the Board shall supply to the Department particulars of the names, previous experience and qualifications of the persons from whom it proposes to make a selection. (4) If the Department considers that any person whose name is submitted under sub-paragraph(3) is not a fit person to be the chief executive officer of the Board, the Department may give directions prohibiting his appointment. 7. - (1) The Board shall appoint from among its members -
(b) a Staffing Committee. (2) The Board may appoint such other committees as it thinks fit to assist it in the discharge of its functions or to perform such functions as it may delegate to such committees.
(b) authorise any such committee to co-opt as members of the committee, persons who are not trustees.
(b) authorise any such sub-committee to co-opt as members of the sub-committee, persons who are not trustees or members of the committee who appointed the sub-committee.
(b) any sub-committee established under sub-paragraph (4), shall be a trustee. 8.The proceedings of the Board or of any committee or sub-committee thereof shall not be invalidated by any vacancy among its members or by any defect in the appointment of any of its members. 9. - (1) Without prejudice to section 19(1)(a)(v) of the Interpretation Act (Northern Ireland) 1954, the Board shall make standing orders for the Board and its committees and sub-committees relating to -
(b) the fixing of the quorum; (c) the conduct of business at meetings; (d) the disclosure by a trustee or a member of any committee or sub-committee of the Board of any pecuniary interest in, or family relationship relevant to, any matter to be discussed at a meeting and the withdrawal by such a trustee or member from any discussion on that matter; (e) the keeping of minutes, accounts and other records; (f) the signing of cheques; (g) the custody of deeds and other documents; (h) the duties of officers; (i) such other matters connected with the conduct of its business as the Board thinks fit. (2) The Board shall, by standing orders, specify the functions to be performed by the Audit Committee and the Staffing Committee. 10.In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) there shall be inserted (at the appropriate place) the following entry -
1.In this Schedule, "former body" means a body abolished by Article 3(3). 2.On the appointed day all property, rights and liabilities to which a former body is entitled or subject immediately before that day shall be transferred to, and by virtue of this Schedule vest in, the Board. 3.On and after the appointed day -
(b) any reference to a former body in such an agreement or in any other agreement, instrument or document (other than a statutory provision) in being immediately before that day shall, as respects anything falling to be done on or after that day, be construed as a reference to the Board. 4.Without prejudice to the generality of paragraphs 2 and 3, any legal proceedings or applications to any authority pending immediately before the appointed day by or against a former body shall be continued by or against the Board to the exclusion of that body. 6.Paragraph 2 does not apply to rights and liabilities under a contract of employment, but paragraph 7 applies to any person who immediately before the appointed day is employed by a former body. 7.The contract of employment between a person to whom this paragraph applies and the former body shall have effect from the appointed day as if originally made between him and the Board. 8.Without prejudice to paragraph 7 -
(b) anything done before that day by or in relation to the former body in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the Board. 9.Paragraphs 7 and 8 are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions but no such right shall arise by reason only of the change in employer effected by paragraph 7. 10. - (1) The Board shall make arrangements for a statement of accounts to be prepared, in accordance with directions of the Department, in relation to each former body for the period beginning on 31st March 1997 and ending on the appointed day and, subject to those directions, to be submitted to the Comptroller and Auditor General for Northern Ireland. (2) The Comptroller and Auditor General shall examine, certify and report on the statements of accounts submitted to him under sub-paragraph (1). (3) The Department shall lay before the Assembly a copy of the certified statements of accounts together with any report thereon of the Comptroller and Auditor General. 11.The Board shall, in relation to each former body, make arrangements for a report to be prepared, in accordance with directions of the Department, in respect of the exercise of the functions of each of those bodies for the period beginning on 31st March 1997 and ending on the appointed day and the Department shall lay a copy of that report before the Assembly. In Schedule 1 under the heading "Museums" insert the entry -
In Schedule 13, insert at the appropriate place the entry -
In Article 42 -
(b) in paragraph (12) for the definition of "the Director" substitute -
In Schedule 2, insert at the appropriate place the entry -
(This note is not part of the Order) This Order provides for the constitution and functions of the Board of Trustees of the National Museums and Galleries of Northern Ireland and transfers the assets and liabilities of the Trustees of the Ulster Folk and Transport Museum and the Trustees of the Ulster Museum to that Board. The Order also re-enacts, with minor amendments, the provisions of Part III of the Museums (Northern Ireland) Order 1981 (which relates to the provision and maintenance of museums and art galleries by district councils). ISBN 0 11 065514 1 -- Back --
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