Statute
Statute of the National Heritage Board of Poland
Chapter I
General Provisions
§1.
1. The National Heritage Board of Poland, hereinafter called the “Board”, is a state-owned cultural institution entered into the register of cultural institutions kept by the relevant minister in charge of culture and national heritage protection, hereinafter called the “Minister”, and is a corporate entity.
2. The Board acts on the basis of:
1) the Law of 25 October 1991 on the organisation and conducting of cultural activity (Journal of Laws from 2001, No. 13, item 123, as amended1'), hereinafter called the „Law";
2) the Law of 23 July 2003 on the protection and care of monuments (Journal of Laws, No. 162, item 1568, as amended2));
3) the Order no. 28 of the Minister for Culture and National Heritage of 3 October 2006 concerning the merger of cultural institutions – the National Heritage Board of Poland and the Archaeological Heritage Protection Centre and the establishment of the National Heritage Board of Poland (Official Gazette of the Ministry of Culture and National Heritage, No. 6, item 60);
4) this Statute.
3. The organiser of the Board is the Minister.
§2.
1. The seat of the Board is the capital city of Warsaw, and the territory of its operation is the Republic of Poland and foreign countries.
2. The Board may establish regional branches and specialized centres.
Chapter II
Aims and Tasks
§3.
The Board implements tasks within the scope of sustainable protection of cultural heritage of Poland for the purpose of its maintenance for future generations by:
1) gathering and popularising knowledge about heritage;
2) determining and promoting standards of protection and conservation of monuments;
3) shaping social awareness with regard to the value and preservation of cultural heritage.
§4.
The tasks of the Board include in particular:
1) monitoring of the state of preservation and estimation of the value of the heritage resource;
2) construction and development of a Polish nationwide geospatial monument database;
3) archiving of collections of documents related to monument protection and their digitalisation and dissemination;
4) gathering of documentation of the National Register of Heritage Assets;
5) evaluation and improvement of the system of protection and recording of tangible and intangible heritage;
6) creation and dissemination of standards of documentation, examination and conservation of particular categories of heritage assets;
7) determination of standards of archaeological research on the basis of rescue works performed by the Board for particularly endangered archaeological sites;
8) keeping of a record of archaeological research carried out in Poland;
9) monitoring and analysis of risks that may affect the heritage and elaboration of methods of prevention of these risks;
10) issuing of opinions and expertises concerning historic environment activities to public administration bodies;
11) co-ordination of the implementation of the procedure for application to the Minister for acknowledgement of a registered heritage site as a Monument of History by the Polish President;
12) monitoring of the condition of sites regarded as Monuments of History and inspection of building and conservation works and research conducted in their area within the scope of granted authorizations;
13) implementation of a part of tasks of the ministry of culture resulting from the accession of Poland to the 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage, in particular the performance of works aimed at ensuring the standards of protection, conservation and presentation of world heritage sites, monitoring and evaluation of their condition, co-ordination of works on the preparation of management plans and the supervision of their implementation upon the Minister’s order;
implementation of training and information programmes in favour of conservation services and circles connected with the care of monuments;
14) implementation of social programmes and campaigns regarding education in the field of heritage;
16) co-operation with owners and administrators of monuments for the purpose of proper management of the cultural heritage resource in accordance with the principle of sustainable growth and promotion of the rules of taking care of monuments;
17) running of a specialized library with regard to the protection and care of monuments and management of cultural heritage;
18) international co-operation for the benefit of cultural heritage and its protection within the scope of activities authorised by the Minister;
19) organisation and performance of other works related to the protection of cultural heritage upon the order of the Minister and the General Conservator of Monuments.
Chapter III
Organisation and Management
§5.
The bodies of the Board are: The Director of the Board, hereinafter called the “Director” and the Programming Council.
§6.
1. The Board is presided over by the Director, who is responsible for the strategy of operation of the Board, manages the Board and represents it outside.
2. The scope of activity of the Director includes in particular:
1) responsibility for current activities of the Board and supervision of the property whose administration was entrusted to the Board;
2) preparation of action programmes and financial plans of the Board for each calendar year;
3) supervision and co-ordination of the implementation of prepared action programmes and financial plans of the Board;
4) preparation of reports on activities and financial statements for each calendar year;
5) issuing of internal regulations and orders.
3. The Director is appointed and recalled by the Minister according to the procedure specified in the Law.
4. The Director manages the Board with the help of his deputies and chief accountant.
5. The Director appoints and recalls his deputies in consultation with the Minister in the number of persons not exceeding 4.
6. The internal organisation of the Board is specified by the rules of organisation established by the Director, except as provided for in Art. 13 pt 3 of the Law.
§7.
1. The Programming Council, hereinafter called the “Council” is an advisory and opinion-making body of the Director with regard to the statutory activity of the Board.
2. The Council consists of persons appointed by the Director after consulting the Minister’s opinion for a period of 3 years.
3. The number of members of the Council must not exceed 15 persons.
4. Membership in the Council shall expire before the end of the term in the case of:
1) resignation from membership;
2) death;
3) legally valid judgement on the imposition of a punishment in the form of deprivation of public rights, prohibition to act as member of the Council or incapacitation;
4) recall of the member of the Council by the Director after consulting the Council’s and the Minister’s opinion because of the persistent failure to perform the duties of a member of the Council resulting from the Regulations of the Council or an illness resulting in permanent incapacity to perform these duties. Works of the Council are managed by the chairman elected by members of the Council.
5. Works of the Council are managed by the chairman elected by members of the Council.
6. The Director convenes a meeting of the Council at least once a year.
7. The Council may hold meetings in the presence of at least one half of the number of their members.
8. The Council may adopt a regulation specifying the method of conducting meetings.
§8.
1. The Director may appoint an attorney or advisory panels (councils, committees, teams) on a permanent basis or for the purpose of performing a specific task. When appointing an attorney or panel, the Director shall specify the subject-matter of their activity and – in the case of a panel – the number of members.
2. A panel shall consist of members appointed by the Director from among employees of the Board or other persons.
3. A panel shall express opinions in matters constituting the subject-matter of its activity.
4. A panel shall be presided over by the Director or an employee of the Board appointed by the Director.
5. Office services for an attorney or panel shall be provided by the Board.
Chapter IV
Property and Finance
§9.
1. The Board conducts financial management independently according to the rules specified in the Law.
2. The activity of the Centre is financed from obtained revenues, i.e.:
1) subsidies received from the Minister;
2) receipts from the activity conducted by the Board;
3) funds obtained from other natural persons and corporate entities and from other sources.
§10.
The Director ensures that an annual financial statement is prepared on time, examined by a certified auditor and submitted for approval to the Minister.
§11.
1. The persons authorised to make statements of will on the behalf of the Board, to the extent of its property rights and obligations, are the Director and the chief accountant, who shall act jointly.
2. The Director may empower specific persons to carry out legal transactions on behalf of the Board and shall specify the scope of authorisation in each case.
§12.
1. The Board may conduct any business activity that conforms to its statutory aims according to the rules specified in applicable legal provisions.
2. Income from the Board’s business activity may be used only for the purpose of financing the statutory activity specified in § 4.
Chapter VII
Final Provisions
§13
The Statute may be amended according to the procedure specified for its establishment.
1)
Amendments of the unified text of the aforementioned Law are published in the Journal of Laws from 2002, No. 41, item 364, from 2003, No. 96, item 874, No. 162, item 1568, and No. 213, item 2081, from 2004, No. 11, item 96, and No. 261, item 2598, from 2005, No. 131, item 1091, and No. 132, item 1111, from 2006, No. 227, item 1658, and from 2009, No. 62, item 504.
2)
Amendments of the aforementioned Law are published in the Journal of Laws from 2004, No. 96, item 959, No. 238, item 2390, from 2006, No. 50, item 362, No. 126, item 875, from 2009, No. 31, item 206, No. 97, item 804, and from 2010, No. 75, item 474;