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STATUTORY INSTRUMENTS


1998 No.261 (N.I. 2)

NORTHERN IRELAND

Museums and Galleries (Northern Ireland) Order 1998

  Made 11th February 1998 
  Coming into operation on a day to be appointed under Article 1(2)


ARRANGEMENT OF ORDER


PART I

INTRODUCTORY
1. Title and commencement.
2. Interpretation.

PART II

THE BOARD OF TRUSTEES OF THE NATIONAL MUSEUMS AND GALLERIES OF NORTHERN IRELAND
3. The Board of Trustees of the National Museums and Galleries of Northern Ireland.
4. Functions of the Board.
5. Disposal of objects.
6. Transfer by other bodies of assets, etc. to the Board.
7. Power of Board to make bye-laws.
8. Power of Board to form companies.
9. Financial provisions.
10. Accounts of the Board.
11. Annual report on exercise of functions by the Board.

PART III

MUSEUMS AND GALLERIES PROVIDED BY DISTRICT COUNCILS
12. Provision and maintenance of museums and galleries by district councils.
13. Bye-laws concerning museums and galleries.
14. Grants.

PART IV

AMENDMENTS AND REPEALS
15. Amendments and repeals.

SCHEDULES:

  Schedule 1 -  The Board of Trustees of the National Museums and Galleries of Northern Ireland.

  Schedule 2 -  Transfer of Property, etc., to the Board from former bodies.

  Schedule 3 -  Consequential amendments.

  Schedule 4 -  Repeals.

At the Court at Buckingham Palace, the 11th day of February 1998

Present,

The Queen's Most Excellent Majesty in Council

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: - 



PART I

INTRODUCTORY

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.



PART II

THE BOARD OF TRUSTEES OF THE NATIONAL MUSEUMS AND GALLERIES OF NORTHERN IRELAND

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 - 

    (4) Schedule 2 shall have effect - 

Functions of the Board
    
4.  - (1) So far as practicable and subject to the provisions of this Order, the Board shall - 

    (2) In carrying out its functions the Board shall have particular regard to the heritage of Northern Ireland.

    (3) Without prejudice to the generality of paragraph (1), the Board may, for the purposes of its functions - 

    (4) In paragraph (3)(e), "archive" includes any collection of sound recordings, images or information, however stored.

    (5) In deciding whether or not to lend any object in accordance with paragraph (3)(i), and in determining the time for which, and the conditions subject to which, an object is to be lent, the Board - 

    (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.

    (7) The Board shall, in accordance with arrangements agreed with the Department, make provision for consultation with the bodies mentioned in paragraph (8) on the exercise by the Board of its functions.

    (8) The bodies referred to in paragraph (7) are - 

Disposal of objects
    
5.  - (1) The Board shall not dispose of any object the property in which is vested in it and which is comprised in its collections, except in accordance with the following provisions of this Article.

    (2) The Board may dispose of any object the property in which is vested in it and which is comprised in its collections if - 

    (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.

    (4) An object may be disposed of as mentioned in paragraph (2)(d) or (e) notwithstanding a trust or condition (express or implied) prohibiting or restricting the disposal of the object.

Transfer by other bodies of assets, etc. to the Board
    
6.  - (1) This Article applies to any body which is designated by the Department under this paragraph as a body having, in the opinion of the Department, functions similar to any of those of the Board.

    (2) The Board and any body to which this Article applies shall have power, with the approval of the Department and notwithstanding anything contained in any instrument relating to that body, to enter into and carry into effect an agreement for the transfer, on such day and on such terms and conditions as may be specified in the agreement, by that body to the Board of all such property, rights and liabilities held, enjoyed or incurred by that body as may be so specified.

    (3) Where, by virtue of an agreement made under paragraph (2), there is a transfer of rights and liabilities under a contract of employment between a person and the transferring body, that contract shall have effect from the transfer day as if originally made between that person and the Board.

    (4) Without prejudice to paragraph (3) - 

    (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).

    (6) In this Article - 

Power of Board to make bye-laws
    
7.  - (1) The Board may from time to time make bye-laws - 

    (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 - 

Power of Board to form companies
    
8.  - (1) The Board may form, or take part in forming, one or more bodies corporate.

    (2) The Board may hold interests in any such body as is mentioned in paragraph (1), exercise rights conferred by the holding of interests in it, and provide financial or other assistance to or in respect of it (including assistance by way of guarantee of its obligations).

Financial provisions
    
9.  - (1) The Department may make grants to the Board.

    (2) The Department may attach - 

to grants made to the Board under paragraph (1).

    (3) The Board shall provide the Department with such information relating to the allocation or expenditure of money received by it under paragraph (1) as the Department may require.

    (4) The Board may borrow or invest money on such terms and conditions and for such purposes as the Department may approve.

    (5) The Board shall be a public body for the purposes of Schedule 1 to the Financial Provisions (Northern Ireland) Order 1983.

Accounts of the Board
    
10.  - (1) The Board shall keep proper accounts and other records in relation thereto.

    (2) In respect of each financial year - 

    (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.

    (4) For the purposes of this Order, the financial year of the Board shall be the period of 12 months ending at midnight on 31st March; but the first financial year of the Board shall be the period beginning with the appointed day and ending at midnight on 31st March next following that day.

Annual report on exercise of functions by the Board
    
11. The Board shall, within such period after the end of the financial year as the Department may direct, prepare and transmit to the Department a report in respect of the exercise by the Board of its functions in that year and the Department shall lay a copy of that report before the Assembly.



PART III

MUSEUMS AND GALLERIES PROVIDED BY DISTRICT COUNCILS

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 - 

    (6) In this Article "provide" and "maintain" have the meanings assigned by section 147 of the Local Government Act (Northern Ireland) 1972.

Bye-laws concerning museums and galleries
    
13.  - (1) A district council may from time to time make bye-laws - 

    (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.

Grants
    
14.  - (1) The Department may make grants towards such expenses of a district council in carrying out its functions under Article 12 as may be approved by the Department.

    (2) Grants under this Article shall be at such rates or of such amounts and subject to such conditions as the Department may determine.



PART IV

AMENDMENTS AND REPEALS

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


SCHEDULES


SCHEDULE 1
Article 3(2).


THE BOARD OF TRUSTEES OF THE NATIONAL MUSEUMS AND GALLERIES OF NORTHERN IRELAND


Incorporation and status

     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 - 

     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.

Membership

     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 - 

    (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.

    (3) The Head of the Department shall appoint one of the trustees to be chairman who, in the case of an equality of votes, shall have a second or casting vote.

    (4) The trustees may elect one of their number as vice-chairman.

     4.  - (1) Subject to the following provisions of this paragraph, a trustee shall hold and vacate his office in accordance with the terms of his appointment but no trustee shall be appointed for a period of more than 5 years.

    (2) A trustee shall be deemed to have vacated his office and the Board shall declare his place vacant in the following circumstances - 

    (3) A person who ceases to be a trustee shall be eligible for re-appointment.

    (4) The Board may pay to its chairman such salary as the Department may determine.

    (5) The Board may pay travelling and subsistence allowances and other expenses necessarily incurred by trustees and members of committees and sub-committees of the Board in the performance of their functions and such allowances and expenses shall be paid at such rates as the Department may determine.

Staff

     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.

Committees

     7.  - (1) The Board shall appoint from among its members - 

    (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.

    (3) The Board may - 

persons who are not trustees.

    (4) The Board may authorise a committee to appoint sub-committees for such advisory purposes as the Board may approve.

    (5) A committee may - 

persons who are not trustees or members of the committee who appointed the sub-committee.

    (6) At least one member of - 

shall be a trustee.

    (7) This paragraph has effect notwithstanding any provision contained in any agreement or other instrument relating to property vested in the Board.

Procedure

     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 - 

    (2) The Board shall, by standing orders, specify the functions to be performed by the Audit Committee and the Staffing Committee.

    (3) Standing orders shall not be made under this paragraph except with the approval in writing of the Department.

    (4) The common seal of the Board shall, when applied to a document, be attested by the signatures of any two trustees authorised by the Board to act for that purpose.

Assembly disqualification

     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 - 



SCHEDULE 2
Article 3(4).


TRANSFER OF PROPERTY, ETC., TO THE BOARD FROM FORMER BODIES


Interpretation

     1. In this Schedule, "former body" means a body abolished by Article 3(3).

Transfer of property, etc.

     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 - 

     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.

     5. Stamp duty shall not be chargeable in respect of any transfer effected by this Schedule.

Contracts of employment

     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 - 

     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.

Accounting Arrangements

     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.

Reporting Arrangements

     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.



SCHEDULE 3
Article 15(1).


CONSEQUENTIAL AMENDMENTS


The Superannuation (Northern Ireland) Order 1972 (NI 10)

In Schedule 1 under the heading "Museums" insert the entry - 

The Rates (Northern Ireland) Order 1977 (NI 28)

In Schedule 13, insert at the appropriate place the entry - 

The Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 (NI 9)

In Article 42 - 

In Schedule 2, insert at the appropriate place the entry - 



SCHEDULE 4
Article 15(3).


REPEALS


Number Short title Extent of repeal
1972 NI 10. The Superannuation (Northern Ireland) Order 1972. In Schedule 1, the entry relating to the Ulster Folk Museum and the entry relating to the Ulster Museum.
1977 NI 28. The Rates (Northern Ireland) Order 1977. In Schedule 13, the entry relating to the Trustees of the Ulster Folk and Transport Museum and the entry relating to the Trustees of the Ulster Museum.
1981 NI 14. The Museums (Northern Ireland) Order 1981. The whole Order.
1983 NI 1. The Financial Provisions (Northern Ireland) Order 1983. In Schedule 3, the amendment to the Museums (Northern Ireland) Order 1981.
1984 NI 3. The Fines and Penalties (Northern Ireland) Order 1984. In Schedule 2, paragraph 23.
1984 NI 10. The University of Ulster (Northern Ireland) Order 1984. In Schedule 1, the amendments to the Museums (Northern Ireland) Order 1981.
1996 NI 7. The Commissioner for Complaints (Northern Ireland) Order 1996. In Schedule 2, the entry relating to the Trustees of the Ulster Folk and Transport Museum and the entry relating to the Trustees of the Ulster Museum.



EXPLANATORY NOTE

(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


 
© Crown copyright 1998
Prepared 9 March 1998


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