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Amendment Of The Act On State Protection

Original Language Title: změna zákona o státní památkové péči

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363/1999 Coll.



LAW



of 10 June 1999. December 1999,



amending Law No. 20/1987 Coll. on State heritage preservation, as amended by

Act No. 244/1992 Coll.



Change: 61/2001 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment to law No. 20/1987 Coll. on State heritage preservation, as amended by law

No. 241/1992 Coll.



Article. (I)



Law No. 20/1987 Coll. on State heritage preservation, as amended by Act No.

242/1992 Coll., is amended as follows:



1. In section 14 paragraph 8 reads as follows:



"(8) the Reconstruction of cultural sites, or portions thereof, that are parts

objective of the fine arts works (hereinafter referred to as

"restoration"), can perform a natural person on the basis of the authorisation

issued in accordance with § 14a, with restoration means the summary

specific fine, uměleckořemeslných and technical work

respecting the technical and artistic structure of the original. ".



2. under section 14 shall be added to § 14a, which including the footnotes No.

11A) up to 11 c) is added:



"§ 14a



Permits for the restoration of cultural monuments



(1) the Restoration of cultural monuments or parts thereof which are parts

objective of the fine arts work, can perform a physical

a person who is fully competent to perform legal acts and unblemished, based on

authorisation (hereinafter referred to as "restoration").



(2) the integrity for the purposes of this Act, does not consider the one who was

convicted of an offence under a special legal

prescription. ^ 11a)



(3) the authorization of the Ministry of culture to restoration grants to a natural person

After the previous proof of its competence.



(4) the competence demonstrated by complying with the



a) competencies for the restoration of cultural monuments or

their parts, which are parts of the fine arts, which is higher

education in the field of restoration and for the restoration of cultural monuments

or parts thereof, that are objective, higher professional

or full secondary vocational education in the field of restoration or higher

Professional or vocational education in a relevant discipline and 5 years

practice; for the specialization for which secondary education has not been established,

apprenticeship in the relevant field ^ 11b) and 8 years of experience in the restoration of things

that are not cultural monuments, and



b) professional skills, which are a summary of knowledge and skills,

ensuring the conservation of material cultural heritage nature or their

parts that are parts of fine arts objective work

While respecting their authenticity; show submission

documentation from which it follows that a natural person applying for a grant

the authorization for restoration already successfully and independently restored things

that there are cultural monuments.



(5) the authorisation to restoration shall be granted on the basis of a written request,

that must contain the definition of the required restoration specialization

According to annex No 1 to this Act. The application shall be accompanied by



and the completed registration questionnaire), a specimen of which is given in annex 2 to the

This law,



(b) a certified copy of evidence of) educational training,



c) documentation at least three restoration work on matters that

There are cultural monuments, of which at least one must be older

two years.



(6) the dossier referred to in paragraph 4 (b). (b)) must contain a comprehensive

evaluation of the relevant surveys and researches, the photographic documentation of the status of the work

before the start of restoration work, in the course of each stage, and after

their work, a description of the technical and technological procedures and

materials analysis and evaluation of potential new findings on work and

instructions for other protective mode.



(7) in the decision to grant permission to the restoration of the Ministry of culture

provides specialty restoration work according to annex No 1 to

This law and other conditions for its performance, as well as the period for which

the authorisation is granted.



(8) the Ministry of culture maintains a list of people with restoration

(hereinafter referred to as "list of people"), in which shall be entered



and) name and surname of the natural person, the social security number, permanent and temporary

stay,



b) specialization restoration work and the period for which authorization was

the restoration has been granted,



(c)) changes to such data,



(d) revocation of authorisations for restoration) or suspension of the exercise of the rights

attached to the authorization for restoration.



To the list of people who can be seen every legitimate interest. The protection of the

personal data which shall be entered in the list of persons, is governed by the Special

legislation. ^ 11 c)



(9) the holder of the authorization for restoration shall notify the change to the data

pursuant to paragraph 8 (a). and the Ministry of culture) and at the same time

This fact obliged to demonstrate within 30 days of the formation of these changes.



(10) the Ministry of culture shall revoke the authorization for restoration, if

the holder of the authorization for restoration



and) has been deprived of legal capacity or has the capacity to

legal capacity is limited,



(b)) no longer meets the condition of integrity,



c) rough way proven to be damaged during restoration of cultural

monument or part thereof, which is the work of fine art or

objective,



d) stated in the application referred to in paragraph 5 of the false information,



e) asked for the revocation of the authorisation for the restoration.



(11) the Ministry of culture may decide to suspend restoration

activities carried out on the basis of the authorization to the restoration, when oppose

its holder



and) criminal proceedings have been initiated as a result of may stop to meet

the condition of integrity,



(b)) was initiated proceedings for deprivation or limitation of eligibility to

legal capacity,



until the acquisition of the decision to which this procedure ends.



(12) the provisions of paragraph 1 shall not apply to natural persons who

carrying out restoration work as part of their regular studies in

the restoration of the high school or college classified

in the network of schools, preschools and schools ^ 11b) under the

the supervision of a teacher, which is the holder of the authorization for restoration.



11A) § 257 paragraph. 2 (a). (c)) of the criminal code.



11B) Act No. 29/1984 Coll. on the system of elementary schools, secondary schools and

higher vocational schools (the Education Act), as amended.



11 c) Act No. 256/1992 Coll., on the protection of personal data in information

systems. ".



3. In § 39 para. 2, the letter h) the following new subparagraph (i)), which read as follows:



"i) as the holder of the authorization for restoration has not notified the Ministry of culture

change of information without delay in accordance with § 14a para. 9. "



The present letter i) is renumbered as paragraph (j)).



4. In paragraph 42, paragraph 6 at the end of the text after the word "does not apply"

These words: "with the exception of § 14a".



5. Annexes 1 and 2 shall be added:



"Č. 1



RECONSTRUCTED SPECIALIZES IN CLASSIFICATION



Sorting is done in the fundamental structures that allow precise

description of the specialization of the individual either kumulováním restoration

expertise of the different orders of magnitude, their completion according to the actual

specialization or, conversely, singling out the only individual narrow specialization

from the menu listed in the corresponding row.



1-the painted works of art



2-sculptural works of art



3-uměleckořemeslná works

+-----+---------------------------------------------------------+

| Code | Item třídníku |

+-----+---------------------------------------------------------+

| 1 | The painted works of art on canvas, wood and metal |

| | plates, on paper and parchment, on glass and other |

| | nestavebních materials, wall paintings, figural |

| | Sgraffito and polychrome related to sculptural works |

+-----+---------------------------------------------------------+

| 2A | Polychromovaná sculptural works of art of stone, wood, |

| | metal, ceramic, terracotta, plaster, plaster, artificial stone |

| | and other fine materials |

+-----+---------------------------------------------------------+

| 2B | Nepolychromovaná sculptural works of art of stone, |

| | wood, metal, ceramic, terracotta, plaster, plaster, artificial |

| | stone and other fine materials |

+-----+---------------------------------------------------------+

| 3A | Polychromovaná nefigurální uměleckořemeslná works |

| | made of stone, artificial stone, stucco, plaster |

+-----+---------------------------------------------------------+

| 3B | Nepolychromovaná nefigurální uměleckořemeslná works from |

| | Stone, wood, stucco, stone, plaster |

+-----+---------------------------------------------------------+

| 3 c | Uměleckořemeslná works from artificial marble |

+-----+---------------------------------------------------------+

| 3D | Uměleckořemeslná nefigurální paintings |

+-----+---------------------------------------------------------+

| 3E | Art-craft finishes on nefigurálních |

| | dílech |

+-----+---------------------------------------------------------+

| 3F | Armor, weapons, mechanical equipment, machinery & more |

| | similar articles |

+-----+---------------------------------------------------------+


| 3 g | Uměleckořemeslná works of glass, ceramics and porcelain, |

| | precious metals, base metals, textiles, paper and |

| | parchment, made from natural materials |

+-----+---------------------------------------------------------+

| 3 h | Musical instruments |

+-----+---------------------------------------------------------+

| 3i | Other uměleckořemeslná works |

+-----+---------------------------------------------------------+



Č. 2



Registration questionnaire, the applicant for authorization to restoration

Surname, name, title:..............................

Date and place of birth:............................ photos

Rodné číslo: .........................................

Permanent residence:........................................

.......................... telefon: ..................

Temporary residence:.....................................

.......................... telefon: ..................

Address Atelier:.....................................

.......................... telefon: ..................



Education and qualification for restoration

+---------------------+-------------------+--------+----------+--------------+

| | Name and address of school | Scope | Year | Kind of exams |

| | | | their | |

+--+------------------+-------------------+--------+----------+--------------+

| | Professional | | | | |

| +------------------+-------------------+--------+----------+--------------+

| | Full professional | | | | |

| +------------------+-------------------+--------+----------+--------------+

| | Higher professional | | | | |

+--+------------------+-------------------+--------+----------+--------------+

| Higher education | | | | |

+---------------------+-------------------+--------+----------+--------------+

| Postgraduate | | | | |

+---------------------+-------------------+--------+----------+--------------+

| Courses, trainings, internships | | | | |

+---------------------+-------------------+--------+----------+--------------+



The length of professional experience comparable to the restoration:

......................................................

Technical cooperation with institutions and individual

experts in the field of restoration:

......................................................

......................................................



The theoretical activities (lecture, publications, restoration

exhibitions) on the issue of restoration:

......................................................

......................................................



For more information you consider relevant for the granting of

authorization to restoration be noted on a separate

data sheet.



I declare that the information given in this questionnaire and

the accompanying Chronological list made

the restoration works are true and that the

the documentation submitted for the authorisation of

the restoration, I've personally handled on the basis of

me separately carried out restoration work.



.................. ................

Date Signature



Chronological list of carried out restoration work

+-------------------+-----------------+-------------------------------+-----------------+------------------------------+

| The name works | Provenance and | Characteristics of carried out | Year | Details of any cooperation |

| | the location of the works | the restoration intervention | begin and | with other restorers including |

| | | | complete | putting their names ". |

| | | | restoration | |

+-------------------+-----------------+-------------------------------+-----------------+------------------------------+

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+-------------------+-----------------+-------------------------------+-----------------+------------------------------+



Article II



Transitional provisions



1. an authorisation granted to natural persons



and) before 1. June 1992 pursuant to § 14 para. 8 of law No. 20/1987 Coll., on

State heritage preservation, or



(b)), from 1. June 1992 to the date of entry into force of this Act pursuant to

§ 14 para. 8 of law No. 20/1987 Coll. on State heritage preservation, as amended by

Act No. 244/1992 Coll.,



shall be construed as authorization under section 14a of Act No. 20/1987 Coll., on State

heritage preservation, as amended by Act No. 363/1999 Coll.



2. the procedure for the granting of permits for the restoration or the withdrawal of the authorisation to

restoration according to § 14 para. 8 of law No. 20/1987 Coll., on State

heritage preservation, as amended by Act No 246/1992 Coll., initiated before the date of

entry into force of Act No. 363/1999 Coll., amending Act No.

20/1987 Coll. on State heritage preservation, as amended by Act No 246/1992 Coll.,

shall be completed according to the existing legislation.



PART TWO



The EFFECTIVENESS of the



This Act shall take effect on the date when the law takes effect, which

the amended Act No. 455/1991 Coll., on trades (trade licensing

Act), as amended, setting out that the business is not

restoration of cultural monuments or their parts.



Klaus r.



Havel, v. r.



Zeman in r.