Act No: No. 6 of 2006
Act Title: NATIONAL MUSEUMS AND HERITAGE
SUBSIDIARY LEGISLATION
Arrangement of Sections
THE NATIONAL MUSEUMS AND HERITAGE (PRIVATE MUSEUMS) (LICENSING) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation

2.

Interpretation

3.

Requirement for licence

4.

Application for licence

5.

Form of application

6.

Acquisition and care of collections

7.

Employment of staff

8.

Curator

9.

Conservation

10.

Security

11.

Financial Management

12.

Consideration by Minister

13.

Action by Minister

14.

Licence fees

15.

Issue of licence

16.

Register of collections

17.

Variation or cancellation of licence

18.

Closure of museum by licensee

19.

Appeal to the High Court

20.

Inspection

21.

Offences

SCHEDULES

SCHEDULE

THE NATIONAL MUSEUMS AND HERITAGE (PRIVATE MUSEUMS) (LICENSING) REGULATIONS
1.
Citation

These Regulations may be cited as the National Museums and Heritage (Private Museums) (Licensing) Regulations, 2008.

2.
Interpretation

In these Regulations, unless the context otherwise requires—

"collection" means objects and materials of cultural, scientific, natural, biological, palaeontological or historic interest which are exhibited in a museum;

"museum" means a private museum;

"private museum" means a privately owned museum other than a national museum, which is open to the public.

3.
Requirement for licence

A licence for the operation of a museum shall be issued in accordance with the provisions of these Regulations.

4.
Application for licence

An application for a licence shall be made to the Minister in the form set out in the Schedule.

5.
Form of application

An application under Regulation 4 shall be in writing and shall provide evidence—

(a)

that the application has a facility which qualifies to be used as a museum within the meaning of the Act;

(b)

that the applicant already has in his possession a substantial collection for exhibition;

(c)

that the applicant is able to provide professional and authoritative expertise and advice in relation to the proposed activities of the museum to the public;

(d)

of the tenure building in which the proposed museum is located; and

(e)

of the name and qualifications of the proposed curator for the museum.

6.
Acquisition and care of collections
(1)

An application shall contain a description of the applicant’s existing collection, and the mode of acquisition thereof, whether by purchase or on loan.

(2)

The applicant shall set out the museum’s proposed acquisition policy, which shall be subject to the approval of the Minister.

(3)

An application shall provide adequate documentation setting out the proposed museum’s methods of storing, handling, and displaying of its collections.

7.
Employment of staff

The applicant shall employ adequate staff, to fulfil the museum’s mandate.

8.
Curator
(1)

An applicant shall have in his employment a professional curator for purposes of managing the museum.

(2)

A curator shall have the following qualifications—

(a)

a relevant degree from a recognized university or specialized knowledge of the subjects covered by the museum; or

(b)

a diploma in museum studies from a recognized institution of learning or equivalent qualifications from an accredited institution of learning; and

(c)

relevant experience of the principles and practice of museum operations and management.

9.
Conservation

An applicant shall demonstrate access to full time professional conservation advice for the maintenance of the museum.

10.
Security

The applicant shall provide evidence that the museum has taken adequate steps to ensure the safety and security of the collection.

11.
Financial Management

The applicant may be required to demonstrate that the museum has a sound financial basis by submitting—

(a)

its budget;

(b)

accounts for the previous two years; and

(c)

supporting documents for the long-term security of the museum building, including the tenure.

12.
Consideration by Minister

In considering an application for a licence, the Minister shall have regard to—

(a)

the legal status of the applicant, including, in the case of a corporate person;

(b)

whether the items collected and exhibited in the proposed museum shall be alive or non-live;

(c)

whether the materials are secured in the long-term for the public benefit;

(d)

whether the applicant has formal arrangements to manage and exhibit the collection; and

(e)

whether the materials in the collection were acquired following the appropriate law.

13.
Action by Minister

The Minister shall consider all applications made under these Regulations, and may—

(a)

grant the licence without conditions;

(b)

grant the licence, subject to such conditions as he may consider appropriate;

(c)

direct that the premises in respect of which the application is made be modified in a specified manner and the application for the licence resubmitted; or

(d)

refuse the application, and shall in respect of paragraphs (a), (c) and (d) give reasons for his decision.

14.
Licence fees

There shall be payable a fee of ten thousand shillings for the issuance and renewal of a licence under these Regulations.

15.
Issue of licence
(1)

A licence issued under these Regulations shall be in the form set out in the Schedule, and shall indicate—

(a)

the name of the licensee;

(b)

the premises in respect of which it is issued;

(c)

the charges payable for the issuance and renewal of the licence.

(2)

The licensee shall be required to make a firm commitment in writing—

(a)

to adhere to such directions, if any, as the Minister may prescribe; and

(b)

to honour and protect the heritage represented in the licensed premises.

(3)

A licence issued under these Regulations shall be valid for a period of one year, after which it shall be renewed.

16.
Register of collections
(1)

It shall be a condition of a licence issued under these Regulations that the holder should maintain a register containing details of the collections exhibited in the museum.

(2)

The register shall be maintained in such a way as to ensure that the museum shall at all times have records of all the specimens it is responsible for, and their exact location.

17.
Variation or cancellation of licence

A licence may be varied or cancelled by the Minister after giving three months, written notice to the holder thereof with reasons for such variation or cancellation and giving such holder an opportunity to make representations to the Minister regarding such notice:

Provided that the Minister may with immediate effect and without notice cancel a licence where the holder breaches any of the conditions attached thereto.

18.
Closure of museum by licensee
(1)

A licensee shall where he intends to close down a licensed museum notify the Minister accordingly, specifying the manner in which he proposes to deal with the collection.

(2)

The Minister may, in the interests of conservation of heritage, direct the Board to take over the management of any materials in a museum to which this regulation relates.

19.
Appeal to the High Court

Any person who is aggrieved by a variation or cancellation of a licence under Regulation 17 may appeal to the High Court.

20.
Inspection
(1)

All museums licensed under these Regulations shall be subject to inspection by teams of experts which the Minister may appoint from time to time.

(2)

It shall be an offence for a licence-holder or his servant or agent to obstruct any person acting pursuant to subregulation (1) in the exercise of his powers of inspection under these Regulations.

21.
Offences
(1)

Any person who—

(a)

gives false or incorrect information in an application made under these Regulations; or

(b)

obstructs any person authorized by the Minister in the exercise of his functions under these Regulations, commits an offence and is liable on conviction to a fine not exceeding twenty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

(2)

The Minister may direct that any museum the licence in respect of which is found to have been issued on the basis of false or incorrect information be closed forthwith.

SCHEDULE

Form of Application for Licence to operate Private Museum [r. 4]
THE NATIONAL MUSEUMS AND HERITAGE ACT, 2006
APPLICATION FOR LICENCE TO OPERATE PRIVATE MUSEUM
TO: MINISTER OF STATE FOR NATIONAL HERITAGE AND CULTURE
1.

Name of Applicant .......................

Address ...............................

2.

Professional qualifications ..................

3.

Number of staff employed ........................

4.

Qualifications of staff ......................

5.

Do you have a full-time curator? ..............

6.

Name of premises to be registered Location (L.R. No., Physical Address Situated in (Name of Town) Tenure ..........

7.

Visitors' facilities available ................

8.

Materials to be exhibited ..................

(a)

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

(b)

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

(c)

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

(d)

State the contribution to National Heritage

(e)

How were the materials acquired?

(i) Name and address of source of materials
(ii) Country of Origin
(f)

Where the materials exhibited in country of Origin? ........

This is to certify that ................. (Name) is hereby authorized to operate a private Museum at ........................ in the name and style of ..............................

This Licence shall expire on the ...................

............................*(Date)

THE NATIONAL MUSEUMS (OPEN SPACES AND AREAS OF NATIONAL HERITAGE) (PROTECTION AND MANAGEMENT) RULES

ARRANGEMENT OF RULES

1.

Citation

2.

Application

3.

Interpretation

4.

Appointment of guardian

5.

Dealing with protected area

6.

Access to the public

7.

Prohibited activities in a protected area

8.

Public conduct

9.

Littering

10.

Picking leaves seeds, etc.

11.

Entrance and exit

12.

Preservation

13.

Structure

14.

Construction in protected area

15.

Restoration work

16.

Responsibility of owner or guardian

17.

Rules to apply

18.

Restoration work

19.

Replacement of materials

20.

Missing features

21.

Changes to conform to original

22.

Use of surrounding area

23.

Public participation

THE NATIONAL MUSEUMS AND HERITAGE (ANTIQUITIES DEALERS) (LICENSING) RULES

ARRANGEMENT OF RULES

1.

Citation

2.

Interpretation

4.

Antiquities dealer’s licence

5.

Eligibility to apply for licence

6.

Application

7.

Consideration of applications

8.

Duration of licence

9.

Suspension or cancellation of licence

10.

Maintenance of records

11.

Obligations of dealer

12.

Inspection

13.

Exportation and importation of antiquities

14.

Transfer of licence

15.

Closure of dealership

16.

Transitional provisions

SCHEDULES

SCHEDULE[r. 6]

THE NATIONAL MUSEUMS AND HERITAGE (EXPLORATION LICENSES AND EXPORT PERMITS) RULES

ARRANGEMENT OF RULES

1.

Citation

2.

Interpretation

3.

Conditions of the licence

4.

Compliance

SCHEDULES

SCHEDULE[r. 3.]