Parliament Act No. 5 Of 6 June 2016 On Cultural And Recreational Activities

Original Language Title: Inatsisartutlov nr. 5 af 6. juni 2016 om kultur- og fritidsvirksomhed

Read the untranslated law here: https://www.global-regulation.com/law/greenland/5961120/inatsisartutlov-nr.-5-af-6.-juni-2016-om-kultur--og-fritidsvirksomhed.html

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Parliament Act no. 5 of 6 June 2016 on cultural and recreational activities

Modified repeals, hovedlov replaces information

Change
Landsting Regulations No. 10 of 21 May 2002 on cultural and recreational activities
Landsting Regulation no. 5 of 9 April 1992 concerning leisure activities (repealed with effect from 1 July 2002. However, the remaining § 9 and § 10 in force)

Chapter 1
Scope and definitions
§ 1. The Greenland Parliament Act applies and to promote cultural and recreational activities, see. However paragraph. 5.

PCS. 2. The cultural and recreational activities understood public information events with cultural content and other general cultural leisure activities, including leisure education, youth centers, youth clubs and children's and youth organizations, see. Chapter 4-7.

PCS. 3. For public information purposes educative teaching and idébestemt and organizations working with children and youth, which aims to promote understanding of democracy and active citizenship and to increase participants' professional and cultural knowledge and skills.

PCS. 4. For leisure purposes periods when a person is not busy with day care for pre-school children, education, training, formal organized skills or work.
PCS. 5. The Greenland Parliament Act shall not apply to cultural and recreational activities that are regulated by other legislation.

Chapter 2
Responsibilities and tasks
§ 2. The Government has overall responsibility for that in the country granted cultural and recreational activities pursuant to this Act and shall, through cooperation in this regard with the local councils help to provide good conditions for this.

PCS. 2. The Government may for compliance with its obligations under this Act:

1) support financially and otherwise stimulate the development and production, practice, use and dissemination of cultural and leisure activities,

2) assist in providing suitable premises and other physical facilities,

3) provide suitable premises and physical facilities available

4) providing technical consulting services to municipalities and

5) offering relevant education, training and continuing education.
§ 3. The municipal council has the overall responsibility for cultural and leisure activities in the municipality, covering the objectives and framework for this in order to give local citizens an opportunity to develop, exercise and take advantage of a variety of cultural offerings.
§ 4. The local authority shall prepare an annual plan for cultural and leisure company in the municipality. The plan must be published on the municipality's website.

PCS. 2. The Greenland Government may lay down rules on content and form in the first paragraph. 1 shall plan for cultural and leisure company in the municipality.
§ 5. The municipal council must for compliance with its obligations under this Act:

1) provide necessary suitable premises and other physical facilities available and

2) subsidize the operating costs of premises and outdoor facilities owned or rented by children and youth.

PCS. 2. The municipal council can to compliance with its obligations under this Act:

1) assist in providing suitable premises and other physical facilities, and provide grants for operating expenses for premises and other physical facilities used for cultural and recreational activities and

2) also support financially and otherwise stimulate the development and production, practice, use and dissemination of cultural and leisure activities.

PCS. 3. The Government may establish rules on municipal commitment for suitable premises and other physical facilities under paragraph. 1.
§ 6. In areas outside the municipal division handles Naalakkersuisut the tasks set by this Act assigned to the municipal council.

PCS. 2. The Government may, by agreement with the local council in one or more municipalities allow these over the solution of the tasks in accordance with paragraph. 1 responsibility of the Greenland Government.

Chapter 3
Støtteberettigende business and support forms

Physical framework
§ 7. The Government and local councils to subsidize the construction, renovation and operation of buildings, facilities and other physical facilities used for cultural and recreational activities, including recreation centers, youth clubs, exhibition halls, rehearsal rooms and meeting halls.

PCS. 2. If the local council or other subsidizes construction, renovation and operation of buildings, facilities and other physical facilities used for cultural and recreational activities, the Greenland Government may reimburse the grant completely or partially.

§ 8. The Government may, in consultation with the municipal councils set rules on subsidies for construction, renovation and operation of buildings, facilities and other physical facilities used for cultural and recreational activities, including tasks and responsibilities, terms and conditions for the grant application procedure and accounting.

Activities
§ 9. The Government and local councils to award grants to:

1) development and production activities, including materials for this purpose,

2) the performance of activities, including travel expenses and accommodation costs,

3) the operation of associations and organizations whose field of activity is cultural and leisure company,

4) reduction of entrance fees, entry fees and the like and

5) exhibition and communication in general.

PCS. 2. The Government may also be granted to cultural and recreational activities outside Greenland.

PCS. 3. The Government and the local council must by distributing grants under paragraph. 1 as far as possible accommodate activities involving children and young people with functional impediments and socially disadvantaged groups.

PCS. 4. The Government must by distributing grants under paragraph. 1 Furthermore, as far as possible accommodate activities that are national or involve activities in two or more municipalities.

PCS. 5. The Government and the local council can not provide subsidies to political, religious or trade union purposes.

PCS. 6. The Government, in consultation with the municipal councils set rules for grants for activities within the cultural and recreational activities, including tasks and responsibilities, scope of activities supported, terms and conditions for grants, application procedures and accounting.

Chapter 4
Leisure education
§ 10. At Leisure education means a non-academic and professional education, organized leisure for children, adolescents and adults.

PCS. 2. Leisure education can be organized as:

1) School education.

2) Musical education.

3) Study.

4) Lectures.

5) Practical teaching.
PCS. 3. Leisure education can be organized across age.

PCS. 4. There can be used a number of hours to the common arrangements without really training for all participants associated with leisure education.

PCS. 5. Leisure education can take place in the daytime as in the evening hours. Leisure education may be of varying duration.

PCS. 6. The Government may lay down rules on the restriction of the subject circuit.
§ 11. The municipal council shall approve the establishment of leisure education team when all the following conditions are met:

1) The course is open to all, see. However paragraph. 3.

2) Whoever conducts education, has the necessary qualifications to teach.

3) The instruction provides a versatile illumination of the object or activity.

4) education is organized according to a plan that ensures that given a proper education, see. However, § 15 paragraph. 2.

5) Books and related teaching resources are made available free of charge for the participants.

6) Materials for processing paid by the participants, except for children under 18 years.

7) registered at least 8 participants see. However paragraph. 2 and § 16 paragraph. 2 and § 17 paragraph. 2.

8) Leisure education must be conducted in suitable facilities with appropriate equipment.

9) Special conditions stated for each training type.
PCS. 2. The local authority may dispense with the number of participants, see. Paragraph. 1 pt. 7
PCS. 3. Taking into account the subject can be set an age limit for participation in study groups and lectures, see. §§ 15 and 16
§ 12. A leisure education team can be disbanded if the average number of participants present in 4 consecutive weeks below 4 participants see. However, § 16 paragraph. 3.
§ 13. In general education means an education in the humanities, social or natural science.
§ 14. musical training is a teaching and development of instrumental games, musical interplay, choirs, singing games and the like.
§ 15. The study group means a group through participants' independent work illuminates a humanistic, social or natural sciences.
PCS. 2. The study group must be organized on the basis of appropriate study materials.
§ 16. By lectures understood individual lectures or lecture series that provides information on humanities, social or natural science.

PCS. 2. If enrolled at least 15 participants to a series of lectures, the team created.

PCS. 3. If the average number of participants present a lecture series falls below 10 members, the team disbanded.
§ 17. The practical training is a teaching of practical and creative subjects.

PCS. 2. If enrolled at least 12 participants, the team created.

PCS. 3. If the average number of participants present in 4 consecutive weeks falls below 8 participants, the team disbanded.
PCS. 4. The Government may lay down detailed rules for practical instruction, see. Paragraph. 1.
§ 18. The Greenland Government may lay down rules limiting the number of participants, derogation of participants and age provisions establishing parallel teams and determining the number of hours of teaching.
§ 19. The municipal council may charge for participation in extracurricular teaching.

PCS. 2. The Government may regulate the size, calculation and administration in the first paragraph. 1 mentioned payment.

Chapter 5
Fritidshjem
§ 20. By a recreation center means an institution where qualified staff in outside school hours performing educational targeted work with children and young people that promote their well-being, health, development and learning.

PCS. 2. Fritidshjem, in cooperation with the school and parents help to create a cohesive transition between school educational section with the youth center.
§ 21. Fritidshjem may be operated by a municipality as a municipal institution (municipal recreation centers).

PCS. 2. Fritidshjem may by agreement with the local council operated as an independent institution (independent youth center) or as a private institution (private recreation center), the municipal council may enter into an operating agreement.
§ 22. A Recreational Trondhjems physical environment must be adapted to children, young people and staff and be approved by the relevant authorities and approved by the local council, which oversees the institution and ensure that all necessary authorizations have been obtained before the institution into service after new construction , renovation and expansion.

PCS. 2. The municipal council shall ensure that the recreation center at any time in accordance with applicable law.
PCS. 3. The Government may regulate the establishment and equipping of recreation centers.
§ 23. Each school centers must have one of the local council issued the certificate of approval, as head of the institution must place visible in the institution.

PCS. 2. Approval certificate must contain information on:

1) Leisure home's name, address and location.

2) Recreational home's objective and child and ungesyn.

3) Relevant municipal committee or the independent leisure homes or private homes leisure management.

4) Leisure home's manager.

5) Number of employees.

6) Places.

7) The hours.

8) approval of relevant authorities, including fire authority, building authority and the local council and the date thereof.

9) information about it for the area relevant legal framework.
§ 24. Use of recreation centers for reward for this (user charge), see. However paragraph. 3 and 4
PCS. 2. The charge for the use of municipal recreation centers established on the basis of the municipality's average budgeted gross operating costs of youth centers and the financial circumstances of the person or debtor.

PCS. 3. The local council provides grants to reduce their own payment. Local council grants provided by the same amount, regardless of what kind of recreation center that is used.

PCS. 4. The Government shall, after consultations on this issue with the municipal regulations on payment for children's stay in municipal recreation centers, independent recreation center and private recreation center, including income regulation, subsidies to reduce their own payment resignation of a child in case of arrears in the payment and termination and resignation municipal recreation centers, independent recreation center and private recreation centers.
§ 25. Payment Obligation for the use of recreation center lies on the person holding the child's actual benefits. Child stay with one parent, and this marriage, civil partnership or living in a marriage-like cohabitation of at least one year, considered both a parent, a spouse, registered partner or cohabiting partner as liable.
§ 26. The municipal council shall decide on the admission of a municipal recreation centers and independent recreation center.

PCS. 2. The local council may decide that independent youth centers wholly or partly even to decide on inclusion in the youth center.


PCS. 3. Private recreation center will decide on admission in private centers. The local authority may not assign space in the private recreation center, see. However, § 27 paragraph. 4.
§ 27. The municipal council shall establish and publish guidelines for admission of children in municipal recreation centers and independent recreation center. Parents must be able to express wishes for their child's admission to specific recreation center.

PCS. 2. Independent recreation center with recording competence under. § 26 paragraph. 2, shall establish and publish guidelines for admission of children in after-school activities.

PCS. 3. Private recreation center should establish and publish guidelines for admission of children in after-school activities.

PCS. 4. Private recreation center may refuse to receive children if there is no room in the youth center.
§ 28. Fritidshjemmet conducts an ongoing evaluation and documentation of the individual child or young person developing a holistic assessment and implement a development Description least 2 times a year.

PCS. 2. Development descriptions must be followed up in cooperation with the actual parents and relevant professionals.
PCS. 3. Fritidshjemmet is required to hold conversations with the actual parents at least 2 times a year with the aim of cooperation on child development.
§ 29. The municipal council can not terminate children and adolescents admitted in a municipal recreation center or independent school center unless the municipal council offers another similar offers, or other relevant offer.
PCS. 2. Private recreation center may not terminate children from a private school centers, except in cases of exceptional circumstances.

PCS. 3. The municipal council shall establish and publish guidelines on the withdrawal of children from municipal recreation centers and independent recreation center.

PCS. 4. Private recreation center should establish and publish guidelines for the withdrawal of children from the private school center.
§ 30. When a child's transition from a recreation center to another offer, see. § 29 paragraph. 1, the staff of the ceding recreation centers cooperate and share the relevant information about the child to the receiving institution for the purpose of safeguarding the child's or young person's needs.

PCS. 2. The Greenland Government may lay down rules on disclosure of relevant information in accordance with paragraph. 1.
§ 31. The Government may, after formal consultations with local councils set rules on recreational home's management and administration, including the competence requirements for staffing and user forums.

Chapter 6
Leisure Clubs
§ 32. When a leisure purposes a club that brings together children and young people for business and social interaction in their spare time.
PCS. 2. Use of the leisure club is without payment for it, see. However paragraph. 3 and 4.

PCS. 3. The municipal leisure clubs may charge or arrange fundraising to strengthen clubs' activities, projects, etc. There can not be charged an actual quotas as a precondition for participation in a leisure club.
PCS. 4. The Government shall, after consultations on this issue with the municipal rules relating to in paragraph. 3 mentioned payments and collections.
§ 33. Leisure Clubs are run by a municipality as a municipal leisure club or the other as a non-local leisure club.
§ 34. Establishment of municipal leisure clubs can happen under the following conditions:

1) The club must be open to all children and adolescents aged 6-21 years

2) the club's manager and employees must have the requisite qualifications

3) the club must have suitable premises and

4) the necessary materials must be made available free of charge.

PCS. 2. The Greenland Government may lay down detailed rules for defined age groups using school clubs at certain times.
§ 35. The municipal council may provide support for non-municipal leisure clubs.

PCS. 2. The municipal council approves and oversees youth clubs, supported under paragraph. 1.

PCS. 3. The municipal council's approval is subject to a club statutes.

PCS. 4. The Government shall lay down rules on non-municipal leisure clubs, including club statutes.

Chapter 7
Youth organizations
§ 36. For children and youth organizations mean organizations organizing activities for children and young people under 30 years.
§ 37. The Government shall lay down rules on the definition in relation to sports organizations.

Chapter 8
Finance and administration
§ 38. The Greenland Government grants for cultural and recreational activities happening within a Finance Act rules provide funding.

§ 39. All costs of cultural and leisure activities lies with the municipalities, so far there is no explicit legal framework that spending whole or in part the responsibility of self-government or others. Self Government and municipalities will be able to enter into agreements relating to the safeguarding of the Greenland Parliament Act tasks assigned fee.
PCS. 2. In areas outside the municipal division incurred expenditure defined. Paragraphs. 1, Minister.

Chapter 9
Accounting and auditing
§ 40. Recipients of grants from the Greenland Government for cultural and recreational activities must confirm and, upon request, provide evidence that the grant is used for the approved purpose.
PCS. 2. The Government may establish rules for confirmation and documentation of grant application, including requirements on implementation of accounting and auditing.
§ 41. Granted subsidy may be fully or partially refunded if the applicant has submitted false information, conditions of the grant are not met or subsidy is used for purposes other than the allocated.

PCS. 2. The Government may establish rules for repayment of grants.

Chapter 10
Complaints
§ 42. The Greenland Government and local council decisions under the Parliament Act can not be appealed to any other administrative authority referred to. However paragraph. 2.

PCS. 2. Decisions taken by the municipal council regarding. tasks in agreement with the Government of Greenland has been transferred to local councils, may within 4 weeks of notification of the decision appealed to the Government of Greenland.

Chapter 11
Pilot schemes
§ 43. The Government may, in special cases as an interim arrangement deviate from Greenland Parliament Act provisions to the extent that it is considered necessary to promote innovative work within the scope Greenland Parliament Act.

PCS. 2. The Government may award grants for experimental activities, see. Paragraph. 1.

Chapter 12
supervision
§ 44. The Government leads the overall supervision of the local councils' administration of the law.
PCS. 2. The Government may require municipal information deemed necessary to carry out its duties under this Act.

Chapter 13
Commencement, transitional and repealing provisions
§ 45. The Greenland Parliament Act comes into force on 1 January 2017.

PCS. 2. While Greenland Parliament Act revokes Landsting Regulation no. 10 of 21 May 2002 on cultural and recreational activities, but not as far as sports and exercise, and §§ 9-10 in the county Regulation no. 5 of 9 April 1992. | || PCS. 3. Rules established or maintained under Landsting Regulation no. 10 of 21 May 2002 on cultural and recreational activities, remain in force until repealed or replaced by rules laid down under the present Parliament Act or other legislation.

Greenland, June 6, 2016

Kim Kielsen