Cap. 445 Art. 64Guardianship.

(1) The Superintendent may with the authority in writing of the Minister, in concurrence with the Minister responsible for government property, enter by public deed, into a guardianship deed with a local council or with a non-government organization or with the Agency whereby the custody and administration of immovable cultural property is passed over to the local council or the non-government organisation or the Agency, as the case may be, in accordance with the provisions of this Act and of such regulations as may be prescribed and subject to such conditions not being inconsistent therewith as may be contained in the deed. The guardianship deed shall state the term for which it is entered, which term shall be approved by the Superintendent on a case by case basis, following the careful consideration of the feasibility and scale of undertaking of each proposal.

(2) The Minister shall, however, within four weeks after its publication, or if the House is not then in session, within four weeks of the date when the House next meets, lay a copy thereof on the Table of the House, and the guardianship deed shall be subject to the condition that if on a motion tabled not later than twenty eight days after the laying on the Table of the House of the copy of the guardianship deed the House resolves that the guardianship deed shall be rescinded, the deed shall be automatically rescinded upon the passage of the resolution.

(3) Before authorising the Superintendent to enter into a guardianship deed the Minister shall seek the views of the Council as to the conditions to be included in the guardianship deed; such conditions shall in particular address the following matters:

(a) the protective measures that are to be taken to safeguard the cultural property subject to the guardianship deed; and

(b) the conservation and management plan relative to the cultural property, and the organizational, operational and financial arrangements in connection therewith, and the organizational, operational and financial resources to be dedicated therefor.

(4) A guardianship deed shall not prejudice any powers of any Entity established under this Act with regard to the cultural property subject to the guardianship deed.

(5) The cultural property subject to the guardianship deed shall remain the property of the Government.

(6) The Minister after consulting the Superintendent and the Council may at any time by order in the Gazette rescind a guardianship deed if any conditions stipulated therein or the provisions of this Act or of any regulations made thereunder are not observed by the other party.

(7) At the end of each calendar year the party in whose custody the cultural property is placed shall transmit to the Minister, the Superintendent and the Council a report of its activities in relation to the cultural property and on the way it has executed the guardianship deed during the previous year. A copy of such report shall be laid on the Table of the House by the Minister.

(8) The Superintendent may renew a guardianship deed on the same terms and conditions for a further term, or terms, following prior written authorisation by the Minister. Any such renewal shall be registered with the Council and a copy thereof shall, within four weeks, be laid on the Table of the House.

(9) The Minister may make regulations generally prescribing rules in relation to guardianship.