Act No. 361 / 1999 Coll.
Act amending Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll.
Valid
Law
Effective from 01.03.2000
361
THE LAW
of 10 December 1999
amending Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll.
Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll., is amended as follows:
1. Paragraph 14 (8) reads:
"(8) The renewal of cultural monuments or parts thereof, which are works of art or artistic craft (hereinafter referred to as" restoration "), may be carried out by natural persons on the basis of a permit issued pursuant to Paragraph 14a, the restoration being understood as a summary of the specific works of art, art, craft and technical work respecting the technical and artistic structure of the original. '
2. the following Section 14a is inserted after Section 14, including footnotes 11 (a) to 11 (c):
Permit to restore cultural heritage
(1) The restoration of cultural monuments or parts thereof, which are parts of art or works of art, may be carried out by a natural person who is fully capable of legal action and is fit for good, on the basis of a permit (hereinafter referred to as "permit for restoration").
(2) For the purposes of this Act, those who have been convicted of a criminal offence under a special law shall not be considered to be righteous. 11a)
(3) The permit for restoration is granted by the Ministry of Culture to a natural person after prior proof of his professional competence.
(4) Professional competence is demonstrated by compliance
(a) qualification assumptions for the restoration of cultural monuments or parts thereof, which are parts of art, which are university education in the field of restoration and for the restoration of cultural monuments or parts thereof, which are artistic crafts, higher professional or full secondary vocational training in the field of restoration or higher professional or full secondary vocational training in the relevant field and 5 years of experience; specialisation for which secondary education has not been established, education in the relevant discipline11b) and 8 years of practice in the restoration of non-cultural monuments; and
(b) professional competence, which is a summary of knowledge and skills, guaranteeing the preservation of the material nature of cultural monuments or parts thereof, which are works of art or artistic craft while respecting their authenticity; they are demonstrated by the submission of documentation showing that the natural person requesting the grant of a permit for restoration has successfully and independently restored non-cultural objects.
(5) The renewal permit shall be granted on application in writing, which shall include the definition of the required restoration specialisation in accordance with Annex 1 to this Act. The application shall be accompanied by:
(a) the completed registration questionnaire, the model of which is set out in Annex 2 to this Act;
(b) certified copies of evidence of professional training achieved;
(c) documentation of at least three restoration works on non-cultural objects, one of which may not be more than two years old.
(6) The documentation referred to in point (b) of paragraph 4 shall include a comprehensive evaluation of the relevant surveys and research, a photo-documenting of the state of the work before the restoration work begins, during each stage, and after the completion of the work, a description of the technical and technological procedures and materials used, an analysis and evaluation of any new findings on the work and guidelines for its further protection regime.
(7) In the decision to grant permission to restore the Ministry of Culture, the Ministry of Culture provides for the specialisation of the restoration activity referred to in Annex 1 to this Act and other conditions for its execution, as well as the period for which the authorisation is granted.
(8) The Ministry of Culture maintains the List of persons authorised to be restored (hereinafter referred to as the "List of persons") to which the list of persons is registered
(a) the name and surname of the natural person, birth number, permanent and temporary residence;
(b) the specialisation of the restoration activity and the period for which the permit for restoration was granted;
(c) changes to those data;
(d) the revocation of the permit for restoration or suspension of the exercise of the rights attached to the authorisation for restoration.
Anyone who testifies to the legal interest may consult the list of persons. The protection of personal data entered in the list of persons shall be governed by specific legislation. 11c)
(9) The holder of the restoration permit shall notify the change of the data referred to in paragraph 8 (a) without delay to the Ministry of Culture, and at the same time shall provide evidence of this within 30 days of the occurrence of such changes.
(10) The Ministry of Culture shall revoke the restoration permit if the holder of the restoration permit:
(a) be deprived of or restricted to legal capacity;
(b) no longer fulfils the condition of integrity;
(c) it has been shown to have damaged the cultural heritage or part of it, which is the work of art or artistic craft, in a rough manner;
(d) give false information in the application referred to in paragraph 5,
(e) has requested the cancellation of the permit for restoration.
(11) The Ministry of Culture may decide to suspend the restoration activity carried out on the basis of a permit for restoration if:
(a) criminal proceedings have been initiated to prevent him from fulfilling the condition of integrity;
(b) a procedure has been initiated for the removal or restriction of its legal capacity;
until such time as the decision terminating the proceedings becomes final.
(12) The provisions of paragraph 1 shall not apply to natural persons carrying out restoration activities as part of their regular studies in the field of restoration at a university or at a higher vocational school classified in the school network, preschool facilities and school facilities 11b) under the supervision of a teacher holding a permit for restoration.
11a) § 257 (2) (c) of the Criminal Act.
11b) Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended.
11c) Act No. 256 / 1992 Coll., on the protection of personal data in information systems. '.
3. in Article 39 (2), the following point (i) is inserted after point (h):
"(i) as holder of a permit for restoration, the Ministry of Culture has not immediately notified the change of data pursuant to Paragraph 14a (9),"
Point (i) shall be renumbered as point (j).
4. In Paragraph 42, at the end of paragraph 6, the following shall be added after the word "does not apply ':" Except for Paragraph 14a'.
5. The following Annexes 1 and 2 are added:
"Annex No 1
_
The classification is carried out in basic structures which allow a precise description of the restoration specialization either by combining individual expertise from different orders, by supplementing them according to actual specialization or, on the contrary, by allocating only individual close specialization from the offer specified in the relevant row.
1 - painting works
2 - sculptures
3 - works of art
| Kód | Položka třídníku |
|---|---|
| 1 | Malířská umělecká díla na plátně, dřevěných a kovových deskách, na papíře a pergamenu, na skle a jiných nestavebních materiálech, nástěnné malby, figurální sgrafita a polychromie na sochařských dílech |
| 2a | Polychromovaná sochařská umělecká díla z kamene, dřeva, kovu, keramiky, terakoty, štuku, sádry, umělého kamene a jiných výtvarných materiálů |
| 2b | Nepolychromovaná sochařská umělecká díla z kamene, dřeva, kovu, keramiky, terakoty, štuku, sádry, umělého kamene a jiných výtvarných materiálů |
| 3a | Polychromovaná nefigurální uměleckořemeslná díla z kamene, štuku, umělého kamene, sádry |
| 3b | Nepolychromovaná nefigurální uměleckořemeslná díla z kamene, dřeva, štuku, umělého kamene, sádry |
| 3c | Uměleckořemeslná díla z umělého mramoru |
| 3d | Uměleckořemeslná nefigurální malířská díla |
| 3e | Uměleckořemeslné povrchové úpravy na nefigurálních dílech |
| 3f | Zbroj, zbraně, mechanické přístroje, stroje a další podobné předměty |
| 3g | Uměleckořemeslná díla ze skla, keramiky a porcelánu, drahých kovů, z obecných kovů, z textilu, z papíru a pergamenu, z přírodních materiálů |
| 3h | Hudební nástroje |
| 3i | Ostatní uměleckořemeslná díla |
Příloha č. 2
Annex No 2
Registration questionnaire of the applicant for a renewal permit
"
Transitional provisions
1. Authorisation for restoration granted to natural persons
(a) before 1 June 1992 pursuant to § 14 (8) of Act No. 20 / 1987 Coll., on State Heritage Care, or
(b) between 1 June 1992 and the date of entry into force of this Act pursuant to Article 14 (8) of Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll.,
are considered to be an authorisation under Section 14a of Act No. 20 / 1987 Coll., on State Monument Care, as amended by Act No. 361 / 1999 Coll.
2. The procedure for granting permission for restoration or withdrawal of permission for restoration pursuant to § 14 (8) of Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll., started before the date of entry into force of Act No. 361 / 1999 Coll., amending Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll., shall be completed in accordance with the existing legislation.
EFFECTIVE
This Act shall take effect on the day on which the Act amending Act No. 455 / 1991 Coll., on Business Business (Trade Act) takes effect, as amended, stating that the trade is not the restoration of cultural monuments or parts thereof.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 361 / 1999 Coll., amending Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 242 / 1992 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1999 |
|---|---|
| Effective from | 01.03.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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