PART II

An Chomhairle Oidhreachta

Establishment of Council.

5. —(1) The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

(2) There shall stand established on the establishment day a body to be known as An Chomhairle Oidhreachta or, in the English language, The Heritage Council to perform the functions conferred on it by this Act.

(3) The Council shall be a body corporate with perpetual succession and power to sue and be sued in its own name and to acquire, hold and dispose of land.

(4) In the exercise of its functions in relation to the acquisition, holding and disposal of land the Council shall comply with such directions as may be given to it by the Minister in consultation with the Minister for Finance.

(5) The Schedule shall apply in relation to the Council.

Functions of Council.

6. —(1) The functions of the Council shall be to propose policies and priorities for the identification, protection, preservation and enhancement of the national heritage, including monuments, archaeological objects, heritage objects, architectural heritage, flora, fauna, wildlife habitats, landscapes, seascapes, wrecks, geology, heritage gardens and parks and inland waterways.

(2) References to the National Monuments Advisory Council, the Historic Monuments Council or the Wildlife Advisory Council in any enactment or instrument made thereunder shall, where appropriate, be construed as references to the Council.

(3) The Council shall in particular—

(a) promote interest, education, knowledge and pride in, and facilitate the appreciation and enjoyment of the national heritage,

(b) co-operate with public authorities, educational bodies and other organisations and persons in the promotion of the functions of the Council,

(c) promote the coordination of all activities relating to the functions of the Council.

Recommendations of Council.

7. —(1) The Council may make recommendations to the Minister on any matter relating to the Council's functions, and may make such recommendations public.

(2) The Minister shall respond to a recommendation referred to in subsection (1) within six months of receipt thereof.

Advice and information.

8. —The Council shall, if the Minister so requests, furnish the Minister with advice on any matter relating to the functions of the Council and with information regarding the performance of its functions.

Additional functions.

9. —(1) The Minister may, by order, after consultation with the Council, and after consideration by the Government, confer on the Council such additional functions relating to the national heritage as the Minister thinks appropriate.

(2) Where an order is proposed to be made under this section, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each House.

Heritage buildings owned by a public authority.

10. —(1) The Council may consult with or advise a public authority in relation to the maintenance, preservation, restoration, upkeep and improvement of any heritage building owned by the authority.

(2) Where a public authority proposes—

(a) to demolish or, by means of alteration to the structure, decoration or finish thereof or by means of any other alteration thereto, to alter significantly the character of—

(i) a heritage building vested in the authority, or

(ii) any building or other structure adjoining a heritage building and vested in the authority, or

(b) to alter significantly the character of any other land adjoining a heritage building and vested in the authority, or

(c) to dispose of any heritage building, or its amenities,

the authority shall, before carrying out the proposal, notify the Council in writing of the proposal and the Council shall, as soon as may be, tender its advice to the authority in writing in relation to the proposal.

(3) Where the Council has advised against a proposal referred to in subsection (2) the public authority shall not commence work on the proposal unless—

(a) the Minister agrees to the proposal, or

(b) the Minister agrees to a modified form of the proposal, or

(c) the Government agrees to the proposal.

(4) The Minister may by order, on the advice of the Council and after consultation with the responsible public authority, designate a building as a heritage building to which this section applies.

Co-operation, assistance and advice.

11. —(1) The Council may co-operate with and provide assistance and advice to any person or body, including a public authority, in respect of any matter which is related to the performance of its functions as it considers desirable.

(2) In this section “assistance” includes payments of money on such terms and conditions as the Council may decide.

Acceptance of gifts.

12. —(1) Subject to subsection (2) and section 5 (4), the Council may accept any gift for any purpose which relates to the functions of the Council.

(2) The Council shall not accept any gift on any trust or condition specified by the donor of the gift which is inconsistent with, or prejudices the effective performance by the Council of, its functions.

(3) The Council may provide for the housing and study of, and may exhibit and dispose of non-pecuniary gifts as it deems appropriate.

Financial provisions.

13. —The Minister shall, in each financial year, pay to the Council a grant, or grants, out of monies provided by the Oireachtas, of such amount or amounts as the Minister may, with the consent of the Minister for Finance, determine for the purposes of expenditure by the Council in the performance of its functions.

Expenses of Council.

14. —The chairperson and members of the Council or of a committee of the Council shall be paid, out of monies at the disposal of the Council, such remuneration and allowances for expenses incurred by them as the Minister, with the consent of the Minister for Finance, may determine.

Disqualification from office.

15. —The chairperson or any member of the Council or of a committee of the Council shall cease to be a member of the Council or of a committee of the Council where such chairperson or member—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, or

(d) fails to comply with the provisions of section 17 (1).

Membership of either House of the Oireachtas, or European Parliament.

16. —Any person who is or becomes entitled under the Standing Orders of Dáil Éireann or Seanad Éireann to sit in either of those two Houses, or who is or becomes a member of the European Parliament, shall, while so entitled or being such member, be disqualified from membership of the Council and, if already a member of the Council, shall cease to be a member of the Council.

Disclosure of interests.

17. —(1) Any member of the Council, or of a committee of the Council, who has a pecuniary or other beneficial interest in, or material to, any matter which falls to be considered by the Council or a committee of the Council, shall—

(a) disclose to the Council or committee, as the case may be, the nature of that interest in advance of any consideration of the matter,

(b) not influence or seek to influence a decision in relation to the matter,

(c) take no part in any consideration of the matter,

(d) withdraw from the meeting at which the matter is being discussed or considered for so long as it is being discussed or considered by the Council or committee and shall not vote or otherwise act as such member in relation to the matter.

(2) Where a question arises as to whether a person has failed to comply with the provisions of subsection (1), the question shall be determined by the Council.

(3) (a) Where the Council determines that a person has failed to comply with the provisions of subsection (1) and the person accordingly ceases to hold office by reason of section 15 (d), that person may appeal within 21 days from the date of the determination to the Minister who may confirm or annul such determination.

(b) If the Minister annuls a determination as aforesaid the person concerned shall be reinstated as chairperson, or member of the Council or relevant committee of the Council, as the case may be.

(4) A disclosure under this section shall be recorded in the minutes of the Council.

Staff of Council.

18. —(1) The Council shall employ its own staff (an adequate number of whom should be competent in the Irish language so as to provide service through Irish as well as English) subject to such terms and conditions, including those relating to remuneration and superannuation, as it may, with the consent of the Minister and the Minister for Finance, determine.

(2) The grades of the staff of the Council, and the number of staff in each grade, shall be determined by the Council with the consent of the Minister and the Minister for Finance.

(3) The Council may employ consultants or advisers on contracts for services as it considers necessary for the proper discharge of its functions.

(4) Where a member of the staff of the Council is nominated as a member of Seanad Éireann or the European Parliament, or for election to either House of the Oireachtas or the European Parliament, such member shall stand seconded from employment by the Council and shall not be paid by or be entitled to receive from the Council any remuneration or allowances in respect of the following periods:

(a) where such member of staff is nominated as a member of Seanad Éireann, the period commencing on acceptance of the nomination and ending on cessation of membership of Seanad Éireann;

(b) where such member of staff is nominated for election to either House of the Oireachtas, the period commencing on nomination and ending on—

(i) withdrawal of the member's candidature for such election,

(ii) the member's failure to be elected to such House, or

(iii) cessation of membership of such House,

as may be appropriate;

(c) where such member of staff is nominated as a member of the European Parliament, the period commencing on acceptance of the nomination and ending on cessation of membership of that Parliament;

(d) where such member of staff is nominated for election to the European Parliament, the period commencing on nomination and ending on—

(i) withdrawal of the member's candidature for such election,

(ii) the member's failure to be elected to that Parliament, or

(iii) cessation of membership of that Parliament,

as may be appropriate.

(5) A person who is for the time being entitled under the Standing Orders of Dáil Éireann or Seanad Éireann to sit in either one of those Houses or is a member of the European Parliament shall, while so entitled or being such a member, be disqualified from becoming a member of the staff of the Council.

(6) The Civil Service Regulation Act, 1956 , shall not apply in relation to an appointment or engagement under this section.

Declaration of interests.

19. —(1) It shall be the duty of a person to whom this section applies to give to the Council a declaration in the prescribed form, signed by that person and containing particulars of every interest which is an interest to which this section applies and it shall be the duty of that person, where there is a change regarding any such interest or on the acquisition of any other interest to which this section applies, to give to the Council a new declaration in the prescribed form.

(2) (a) This section applies to an employee of the Council or any other person whose services are availed of by the Council and who is of a class, description or grade prescribed for the purposes of this section.

(b) This section applies to the following interests—

(i) any estate or interest which a person to whom this section applies has in any land,

(ii) any business of dealing in or developing land in which that person is engaged or employed and any such business carried on by a company or other body of which that person (or a nominee) is a member,

(iii) any profession, business or occupation in which such a person is engaged and which relates to dealing in or developing land.

(3) A person to whom this section applies and who has an interest to which this section applies shall be regarded as complying with the requirements of subsection (1) if, and only if, a declaration mentioned in that subsection is given within the period of twenty-eight days beginning—

(a) in case the person is such a person on the commencement of this section, on such commencement,

(b) in case the person becomes such a person after the commencement of this section, on becoming such a person,

(c) in case there is a change regarding an interest, particulars of which are contained in a declaration already given by the person, or where the person acquires any other interestto which this section applies, on the day on which the change occurs or the other such interest is acquired.

(4) For the purposes of this section, a person shall be regarded as having an estate or interest in land if that person (or a nominee) is a member of a company or other body which has an estate or interest in the land.

(5) For the purposes of this section, a person shall not be regarded as having an interest to which this section applies if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing any question with respect to any matter arising or coming before the Council or in performing any function in relation to any such matter.

(6) Where a person to whom this section applies has an interest to which this section applies by reason only of the beneficial ownership of shares in a company or other body by that person (or a nominee) and the total nominal value of those shares does not exceed the lesser of—

(a) one thousand pounds, or

(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body, or where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which that person has an interest,

subsection (1) of this section shall not have effect in relation to that interest.

(7) The Council shall, for the purposes of this section, keep a register (which register is in this section referred to as the register of interests) and shall enter therein the particulars contained in declarations given to the Council pursuant to this section.

(8) The register of interests shall be available for inspection by the Minister.

(9) Where a person ceases to be a person to whom this section applies, any particulars entered in the register of interests as a result of a declaration being given by the person to the Council pursuant to this section shall be removed, as soon as may be after the expiration of the period of five years beginning on the day on which the person ceases to be such a person, from the said register by the Council.

(10) Subject to subsection (11), a person who fails to comply with subsection (1) or who, when purporting to comply with the requirements of the said subsection (1), gives particulars which are false or misleading in a material respect, shall be guilty of an offence.

(11) In any proceedings for an offence under this section it shall be a good defence that at the relevant time the defendant believed, in good faith and upon reasonable grounds, that—

(a) the relevant particulars were true,

(b) there was no matter as regards which a declaration under subsection (1) was required, or

(c) that the matter in relation to which the offence is allegedwas not one as regards which he was so required to make such declaration.

(12) A person guilty of an offence under subsection (10) shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000, or

(b) on conviction on indictment, to a fine not exceeding £10,000.

(13) Summary proceedings for an offence under this section may be prosecuted by the Minister.

(14) In this section—

“land” includes land covered by water,

“prescribed” means prescribed by regulations made by the Minister.

Superannuation of staff.

20. —(1) As soon as may be after its establishment the Council shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits on retirement or death to or in respect of such persons of its staff as the Council shall think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.

(3) The Council may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted and approved under this section.

(4) A scheme or amending scheme submitted to the Minister under this section shall, if approved of by the Minister with the consent of the Minister for Finance, be carried out by the Council in accordance with its terms.

(5) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(6) No superannuation benefit shall be granted by the Council to or in respect of any of its staff who are members of a scheme under this section, nor shall any other arrangement be entered into for the provision of a superannuation benefit to such persons on ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved of under this section.

(7) In this section “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

(8) The Minister shall cause every scheme submitted and approved of under this section to be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(9) Without prejudice to the generality of subsection (4) of section 18 that section shall be construed as prohibiting the reckoning of a period therein mentioned as service with the Council for the purposes of any pensions, gratuities or other allowances payable under a scheme or schemes made in accordance with this section.

Accounts and audit.

21. —(1) The Council shall keep, in such form as may be approved of by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all monies received or expended by the Council, including an income and expenditure account and balance sheet and, in particular, shall keep all such special accounts as the Minister may from time to time direct.

(2) Accounts kept in pursuance of this section shall, not later than six months after the end of the financial year of the Council to which they relate, be submitted to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the income and expenditure account and of the balance sheet and of such other, if any, of its accounts as the Minister may specify, together with a copy of the Comptroller and Auditor General's report on the accounts, shall be presented to the Minister who shall cause copies of the documents so presented to be laid before each House of the Oireachtas.

Annual Report.

22. —(1) The Council shall, not later than six months after the end of each year, submit a report in the Irish and English languages to the Minister of its proceedings in the previous year and the report shall be published by the Council.

(2) The Council may submit to the Minister and publish other reports on any particular aspects of its proceedings.

Fees.

23. —The Council may charge fees of such amounts as may from time to time be determined by it for or in connection with services rendered by it.