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Irish Statutory Instruments |
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You are here: BAILII >> Databases >> Irish Statutory Instruments >> National Archives (Fees) Regulations 2012.S.I. No. 503/2012 URL: http://www.bailii.org/ie/legis/num_reg/2012/0503.html |
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Notice of the making of this Statutory Instrument was published in |
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-�Iris Oifigiúil-� of 14th December, 2012. |
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I, JIMMY DEENIHAN, Minister for Arts, Heritage and the Gaeltacht, in exercise of the powers conferred on me by section 19 (2) of the National Archives Act 1986 (No. 11 of 1986) and the Arts and Culture (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 302 of 2002 ) (as adapted by the Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 220 of 2011 )) and with the consent of the Minister for Public Expenditure and Reform, make the following regulations: |
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1. (1) These Regulations may be cited as the National Archives (Fees) Regulations 2012. |
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(2) These Regulations shall come into operation on 2 January 2013. |
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2. In these Regulations-� |
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(a)-�record-� means an archive or a copy of an archive whether in electronic or non-electronic format which archive or copy is in the custody of the National Archives; |
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(b) a person shall be treated as producing a record where the record is identified by the person and (other than a record held on microfilm) brought to such member of staff in such part of the premises occupied by the National Archives as may be designated by the Director for that purpose. |
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3. (1) Subject to paragraph (2), where a person produces a record for the purposes of requesting a copy of the record (other than a digital image, a photographic print copy or a digital photographic image), the fees specified in column 3 of Part 1 of Schedule 1 shall be payable in respect of the copying service specified in column 2 of that Part. |
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(2) Notwithstanding paragraph (1) where-� |
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(a) the number of pages to be copied does not exceed 8, |
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(b) the person requesting the copy produces the copy, and |
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(c) the fee is paid by means of a pre-paid copy card issued by the National Archives, |
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the fee specified in column 3 of Part 2 of Schedule 1 shall be payable in respect of the service specified in column 2 of that Part. |
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(3) Where a person requests a copy of a record without having produced the record, the fees specified in column 3 of Part 3 of Schedule 1 shall be payable in respect of the copying service specified in column 2 of that Part. |
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(4) The fees specified in Part 3 of Schedule 1 are inclusive of charges for the services of handling, dispatch and postage. |
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(5) Where a person requests an authenticated copy of a record, the fees specified in column 3 of Part 4 of Schedule 1 shall be payable in respect of the service of copying and authentication of a record of a type specified in column 2 of that Part, which copies are made in black and white in A4 or A3 size. |
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(6) The fees specified in Part 4 of Schedule 1 are inclusive of charges for the services of authentication, handling, dispatch and postage. |
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4. (1) Where a person produces a record for the purposes of requesting a digital image of the record, the fees specified in column 3 of Part 1 of Schedule 2 shall be payable in respect of the digital imaging service specified in column 2 of that Part. |
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(2) Where a person requests a digital image of a record without having produced the record, the fees specified in column 3 of Part 2 of Schedule 2 shall be payable in respect of the digital imaging service specified in column 2 of that Part. |
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(3) The fees specified in Part 2 of Schedule 2 are inclusive of charges for the services of handling, dispatch and postage and the service of providing the DVD or CD. |
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5. (1) Where a person requests a photographic print copy of a record, the fees specified in column 3 of Part 1 of Schedule 3 shall be payable in respect of the photographic print copying service specified in column 2 of that Part. |
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(2) The fees specified in Part 1 of Schedule 3 are inclusive of charges for the services of handling, dispatch and postage. |
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(3) Where a person requests a digital photographic image of a record, the fees specified in column 3 of Part 2 of Schedule 3, shall be payable in respect of the digital photographic imaging service specified in column 2 of that Part. |
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(4) The fees specified in Part 2 of Schedule 3 are inclusive of charges for the services of handling, dispatch and postage and the service of providing the CD, DVD or microfilm reel. |
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6. Where a person seeks to use the facilities of the National Archives for the purpose of attending and filming on the premises, the fee specified in column 3 of Part 1 of Schedule 4 shall be payable in respect of the use of facilities specified in column 2 of that Part. |
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7. Where a person seeks to reproduce a record in print, on television or on the internet, the fee specified in column 3 of Part 2 of Schedule 4 shall be payable in respect of the service of granting of permission to so reproduce the record concerned specified in column 2 of that Part. |
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8. Where a person seeks to distribute a copy of a record, the fee specified in column 3 of Part 3 of Schedule 4 shall be payable in respect of the service of granting of a licence to so distribute the copy of the record concerned specified in column 2 of that Part for a period not exceeding 7 years. |
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9. (1) Subject to paragraph (2), in addition to the fees payable under Regulations 3 and 4, the fees specified in column 3 of Part 4 of Schedule 4 shall, unless the copies or digital images concerned are collected by or on behalf of the person requesting the service concerned from the premises of the National Archives, be payable in respect of the services of handling and dispatch specified in column 2 of that Part together with the postage charges incurred by the National Archives. |
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(2) Paragraph (1) does not apply to a service referred to in Regulations 3(3), 3(5), and 4(2). |
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10. Where a person requests the issue of a reader-�s ticket where such a ticket was previously issued to that person and such ticket has not expired, the fee specified in column 3 of Part 5 of Schedule 4 shall be payable in respect of the service specified in column 2 of that Part. |
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11. The fees specified in the Schedules may be remitted-� |
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(a) in the case of a service, where the service requested is provided to a Department of State and the Director is satisfied that the service is directly related to the business of the Department to which the service is provided, |
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(b) in the case of a service, where the service requested is provided to a person who voluntarily deposited archives, and such request has not previously been made, or |
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(c) in the case of a service or use of a facility specified in Part 1, Part 2 or Part 3 of Schedule 4, where the Director is satisfied that the use of the facility concerned is provided-� |
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(i) to a person for research purposes only, or |
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(ii) in a case where the request is made by a body (whether incorporated or unincorporated), the principal objectives of the body concerned relate to matters of archives and history and the record requested is directly connected with that objective. |
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12. The National Archives (Fees) Regulations 1988 ( S.I. No. 226 of 1988 ) are hereby revoked. |
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SCHEDULE 1 |
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Copying services |
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Part 1 |
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Copying service for records produced by person requesting copy |
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Part 2 |
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Copying service using a copy card for records produced by person requesting copy |
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Part 3 |
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Copying service for records not produced by person requesting copy |
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Part 4 |
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Copying with authentication service |
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SCHEDULE 2 |
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Digital imaging services |
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Part 1 |
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Digital imaging service for records produced by person requesting image |
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Part 2 |
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Digital imaging service for records not produced by person requesting image |
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SCHEDULE 3 |
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Photographic services |
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Part 1 |
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Photographic copying service |
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Part 2 |
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Digital imaging photographic service |
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SCHEDULE 4 |
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Miscellaneous services and use of facilities |
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Part 1 |
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Use of facilities |
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Part 2 |
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Reproduction licensing service |
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Part 3 |
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Distribution licensing service |
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Part 4 |
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Handling and dispatch services |
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Part 5 |
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Replacement of reader-�s tickets |
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The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations. |
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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform, |
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11 December 2012. |
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BRENDAN HOWLIN, |
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Minister for Public Expenditure and Reform. |
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GIVEN under my Official Seal, |
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11 December 2012. |
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JIMMY DEENIHAN, |
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Minister for Arts, Heritage and the Gaeltacht. |