National Cultural Institutions (National Concert Hall) (Amendment) Act 2023

• Jurisdiction: Ireland
• Citation: IR No. 1/2023
• Year: 2023

National Cultural Institutions (National Concert Hall) (Amendment) Act 2023

2023 1

An Act to provide for the transfer of certain functions, staff, property, rights and liabilities of RT to the National Concert Hall; to provide for the validity and effect of acts by RT and the National Concert Hall in relation to that transfer; to extend the functions of the National Concert Hall and to make certain changes to its board and, for those purposes to amend the National Cultural Institutions (National Concert Hall) Act 2015; to increase the aggregate amount of liability in respect of undertakings given for cultural objects on loan from a person resident outside the State and, for that purpose to amend the National Cultural Institutions Act 1997; to make certain changes to the objects of RT and, for that purpose to amend the Broadcasting Act 2009; and to provide for related matters.

[6 February 2023]

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1 Short title, commencement and collective citations

(1) This Act may be cited as the National Cultural Institutions (National Concert Hall) (Amendment) Act 2023.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) The Principal Act, section 2 and Part 2 may be cited together as the National Cultural Institutions (National Concert Hall) Acts 2015 to 2023.

(4) The Act of 2009, section 2 and Part 2 may be cited together as the Broadcasting Acts 2009 to 2023.

2 Definitions

2. In this Act—

“Act of 1997” means the National Cultural Institutions Act 1997;

“Act of 2009” means the Broadcasting Act 2009;

“choirs” means the choirs known on the transfer day as the RTÉ Philharmonic Choir, RTÉ Cór na nÓg and RTÉ Cór Linn;

“Minister” means the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media;

“NCH” has the same meaning as it has in the Principal Act;

“orchestra” means the orchestra known on the transfer day as the RTÉ National Symphony Orchestra;

“Principal Act” means the National Cultural Institutions (National Concert Hall) Act 2015;

“RTÉ” has the same meaning as it has in the Act of 2009;

“transfer day” means 24 January 2022.

3 Expenses

3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

4 Transfer of functions, administration and business

(1) The functions of RTÉ, insofar as they relate to the orchestra and the choirs, shall be deemed to have transferred to the NCH on the transfer day.

(2) The administration and business in connection with the performance of the functions transferred under subsection (1) shall be deemed to have transferred to the NCH on the transfer day.

5 Transfer of staff

(1) Each person who immediately before the transfer day was a member of staff of RTÉ and who stood assigned to perform duties relating to the orchestra or the choirs shall, with effect on and from the transfer day, be a member of staff of the NCH.

(2) A person referred to in subsection (1) shall be subject to such terms and conditions of service including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the transfer day.

(3) In subsection (2), a reference to terms and conditions relating to remuneration does not include conditions in relation to superannuation.

(4) In relation to a person referred to in subsection (1), previous service with RTÉ shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

(a)

the Redundancy Payments Acts 1967 to 2022;

(b)

the Protection of Employees (Part-Time Work) Act 2001;

(c)

the...