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Laws of Japan |
Act on the Promotion of Public Utilization of the
Specific Advanced Large Research Facilities
(Act No. 78 of June 29, 1994)
Chapter I General Provisions (Articles 1 to 3)
Chapter II Basic Policy (Article 4)
Chapter III Business of Entity Establishing the Specific Advanced Large
Research Facilities (Articles 5 to 7)
Chapter IV Registered Institution for Facilities Use Promotion (Articles 8 to
28)
Chapter V Penal Provisions (Articles 29 to 31) Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1 The purpose of this Act is, by taking measures for promoting public
utilization of advanced large research facilities by persons engaged in testing, research and development (hereinafter referred to
as the "Researchers, etc.") concerning science and technology (excluding those pertaining only to
humanities and social sciences; the same shall apply hereinafter) (hereinafter
referred to as the "Researches, etc."), to facilitate reinforcement of the basis of
the Researches, etc. as well as integration etc. of various knowledge held by the
Researchers, etc. through exchange among institutions pertaining to the
Researches, etc. and the Researchers, etc., thereby contributing to the development of science and technology.
(Definitions)
Article 2 (1) The term "Advanced Large Research Facilities" as used in this Act shall mean such large research facilities
as shall be deemed inappropriate due to the large amount of costs required if more than one national testing and/or research institution
or Incorporated Administrative Agency (meaning the
Incorporated Administrative Agency prescribed by Article 2, paragraph (1) of
the Act for the General Rules for Incorporated Administrative Agency (Act No.
103 of 1999)) engaged in the Researches, etc. establishes the same in an
overlapping manner, and, with their incomparable functions in the fields of
advanced science and technology, the value of which shall be maximized to the fullest extent by being utilized for various Researches,
etc. in the wide range of fields of science and technology.
(2) The term "The Specific Advanced Large Research Facilities" as used in this
Act shall mean the Advanced Large Research Facilities that fall under either of the following.
(i) The Specific Synchrotron Radiation Facilities
(ii) The Specific High-speed Computer Facilities
(3) The term "The Specific Synchrotron Radiation Facilities" as used in this Act shall mean the facilities for conducting
the Researches, etc. utilizing highly-
directional and high-intensity electromagnetic waves emitted from accelerated electrons or positrons (hereinafter referred to as the
"Synchrotron Radiation"), established by RIKEN (The Institute of Physical and Chemical Research)
(hereinafter referred to as "RIKEN"), which shall be specified by an Ordinance of the Ministry of Education, Culture, Sports,
Science and Technology.
(4) The term "The Specific High-speed Computer Facilities" as used in this Act shall mean the facilities for conducting
the Researches, etc. utilizing computers capable of performing highly advanced arithmetic processing (hereinafter
referred to as the "Ultra High-speed Computers"), established by RIKEN,
which shall be specified by an Ordinance of the Ministry of Education, Culture, Sports, Science and Technology.
(5) The term "Shared Facilities for Synchrotron Radiation" as used in this Act shall mean the portion of the Specific Synchrotron
Radiation Facilities that is made available for public utilization by the Researchers, etc.
(6) The term "Dedicated Facilities for Synchrotron Radiation" as used in this Act
shall mean the facilities established by any person other than RIKEN and used for conducting the Researches, etc. utilizing the Synchrotron
Radiation
pertaining to the Specific Synchrotron Radiation Facilities.
(Responsibility of Government)
Article 3 For achieving the purpose of this Act, the government shall endeavor to support persons engaged in the Researches, etc.
utilizing the portion of the
Specific Advanced Large Research Facilities that is made available for public
utilization by the Researchers, etc. or the Dedicated Facilities for Synchrotron
Radiation (hereinafter referred to as the "Researches Utilizing Facilities"), conduct researches and studies concerning
measures to promote the
Researches Utilizing Facilities, promote international exchange that would contribute to the promotion of the Researches Utilizing
Facilities and take other measures necessary to promote public utilization of the Specific
Advanced Large Research Facilities.
Chapter II Basic Policy
Article 4 (1) The Minister of Education, Culture, Sports, Science and Technology
shall determine the basic policy concerning the promotion of public utilization (hereinafter referred to as the "Basic Policy")
for each of the Specific Advanced Large Research Facilities listed in each item of Article 2, paragraph (2).
(2) The Basic Policy shall provide for the following matters.
(i) Basic course of action concerning the promotion of public utilization of the
Specific Advanced Large Research Facilities
(ii) Matters concerning the Researches, etc. utilizing the portion of the Specific
Advanced Large Research Facilities that is made available for public utilization by the Researchers, etc.
(iii) Matters concerning the development and improvement of the portion of the Specific Advanced Large Research Facilities that is
made available for public utilization by the Researchers, etc.
(iv) Matters concerning the operation of the portion of the Specific Advanced
Large Research Facilities that is made available for public utilization by the
Researchers, etc.
(v) Other matters to be taken care of in the course of promoting public utilization of the Specific Advanced Large Research Facilities
(3) The matters concerning the Researches, etc. utilizing the Dedicated Facilities
for Synchrotron Radiation as well as the establishment and use of the
Dedicated Facilities for Synchrotron Radiation, shall be provided for in the Basic Policy pertaining to the Specific Synchrotron Radiation
Facilities, in addition to the matters listed in each item of the preceding paragraph.
(4) The Minister of Education, Culture, Sports, Science and Technology shall make public announcement without delay whenever he/she
determines or modifies the Basic Policy.
Chapter III Business of Entity Establishing Specific Advanced Large
Research Facilities
(Business of Entity Establishing Specific Advanced Large Research Facilities) Article 5 For achieving the purpose of this Act, RIKEN
shall, as an entity
establishing the Specific Advanced Large Research Facilities, undertake the business listed in the lower column of the following table
according to the
classification of the facilities listed in the upper column of the same table,
respectively.
Specified Synchrotron
Radiation Facilities
(i) Construct, maintain and manage the Shared
Facilities for Synchrotron Radiation, and make the same available for shared use by the Researchers, etc.
(ii) Establish the Dedicated Facilities for Synchrotron Radiation and provide the persons engaged in the Researches, etc. utilizing such facilities with the Synchrotron Radiation and other convenience necessary for such Researches, etc. (iii) Perform business incidental to the business set forth in the preceding two items. | |
Specified High-speed Computer Facilities | (i) Develop the Ultra High-speed Computers, construct, maintain and manage the Specified High- speed Computer Facilities and make the same available for shared use by the Researchers, etc. (ii) Perform business incidental to the business set forth in the preceding item. |
(Implementation Plan)
Article 6 (1) Pursuant to the provisions of the Ordinance of the Ministry of
Education, Culture, Sports, Science and Technology, RIKEN shall, as an entity establishing the Specific Advanced Large Research Facilities,
prepare the
implementation plan for the business listed in the lower column of the table in
the preceding Article according to the classification of the facilities listed in the upper column of the same table (excluding the
business that are decided to be not undertaken by RIKEN pursuant to the provision of Article 9, paragraph
(1)), respectively, and obtain approval of the Minister of Education, Culture,
Sports, Science and Technology every business year. The same shall apply when a modification is to be made in such implementation
plan.
(2) The implementation plan referred to in the preceding paragraph shall be established in line with the purport of the Basic Policy
pertaining to such facilities.
(Special Provisions for Incorporated Administrative Agency Rikagaku
Kenkyusho Act)
Article 7 When the business of RIKEN are performed pursuant to the provision of Article 5, the term "this Act" in Article
24, item (i) of the Incorporated
Administrative Agency Rikagaku Kenkyusho Act (Act No. 160 of 2002) shall be
deemed to be replaced with "this Act or the Act on the Promotion of Public
Utilization of the Specific Advanced Large Research Facilities".
Chapter IV Registered Institution for Facilities Use Promotion
(Registration, etc.)
Article 8 (1) The Minister of Education, Culture, Sports, Science and Technology may entrust a person registered by him/her (hereinafter
referred to as the
"Registered Institution for Facilities Use Promotion") to perform all of the
business listed in the following (or, if the Registered Institution for Facilities
Use Promotion performs any of the business listed in the following pursuant to the classification of use of the Specific Advanced
Large Research Facilities
specified by an Ordinance of the Ministry of Education, Culture, Sports,
Science and Technology, such portion thereof) among the business that RIKEN undertakes to perform as an entity establishing the Specific
Advanced Large Research Facilities pursuant to the provision of Article 5.
(i) Select a person(s) conducting the Researches Utilizing Facilities and
perform the business incidental thereto (hereinafter referred to as the "User
Selection Services").
(ii) Provide information, consultation and other support in relation to the
implementation of the Researches Utilizing Facilities (hereinafter referred to as the "Usage Support Services").
(2) The registration set forth in the preceding paragraph (hereinafter referred to as the "Registration") shall be made
upon an application filed by a person
intending to perform the User Selection Services and the Usage Support
Services (hereinafter collectively referred to as the "Usage Promotion
Services") for each of the Specific Advanced Large Research Facilities listed in each item of Article 2, paragraph (2).
(Performance, etc. of Usage Promotion Services by Registered Institution for
Facilities Use Promotion)
Article 9 (1) If the Minister of Education, Culture, Sports, Science and
Technology decides to entrust the Registered Institution for Facilities Use
Promotion to perform the Usage Promotion Services, in whole or in part,
pursuant to the provision of the preceding Article, paragraph (1), RIKEN shall not perform such services.
(2) If the Registered Institution for Facilities Use Promotion performs the Usage Promotion Services, RIKEN and such Registered Institution
for Facilities Use Promotion shall cooperate with each other so that such Usage Promotion
Services are performed smoothly.
(Disqualification)
Article 10 Any person that falls under any of the following items shall not be qualified for the Registration.
(i) A person punished by a fine for violation of this Act or an order hereunder,
if a period of two years has not elapsed since the day the punishment was completed or the punishment was no more inflicted
(ii) A person whose Registration was rescinded pursuant to the provision of
Article 27, if a period of two years has not elapsed since the day of such rescission
(iii) A juridical person any of whose officers executing its business falls under either of the preceding two items
(Criterion, etc. for Registration)
Article 11 (1) The Minister of Education, Culture, Sports, Science and
Technology shall register for the application of any person that has applied for the Registration pursuant to the provision of Article
8, paragraph (2),
whenever such applicant for the Registration complies with all of the following requirements. In this case, the procedures necessary
for the Registration shall be specified by an Ordinance of the Ministry of Education, Culture, Sports,
Science and Technology.
(i) A full-time manager is designated in the department performing the User
Selection Services, for securing and ensuring the credibility of the User
Selection Services.
(ii) The Usage Support Services are undertaken by the person(s) listed in each item of the lower column of the following table according
to the classification
of the Specific Advanced Large Research Facilities listed in the upper column of the same table, and the number of such person(s)
is not less than the
number specified by the Ordinance of the Ministry of Education, Culture, Sports, Science and Technology.
(ii) Safety manager (meaning a person with the experience of being engaged in the services concerning protection of safety pertaining to radiation for three years or more after obtaining the license for Type-I radiation protection supervisor under the Act on Prevention of Radiation Disease Due to Radioisotopes, etc. (Act No. 167 of 1957), or a person with equivalent or superior knowledge and experience, who provides the services for protecting the safety of the Researchers, etc. at the Specified Synchrotron Radiation Facilities) | |
Specified high- speed computer facilities | (i) Research implementation consultant (meaning a person with the practical experience concerning operation of computers for three years or more after graduating from a university under the School Education Act with completion of an information engineering or communication engineering course or other course comparable to such course, or a person with equivalent or superior knowledge and experience, who provides consulting services for the Researchers, etc. in relation to the implementation of the Researches Utilizing Facilities at the Specified High-speed Computer Facilities) (ii) Network manager (meaning a person with the practical experience concerning operation of an information communication network system (meaning the system for distribution of information in electro- magnetic form and information processing by connecting multiple computers through electric communication lines; hereinafter the same shall apply in this table) for three years or more after graduating from a university under the School Education Act with completion of an information engineering or communication engineering course or other course comparable to such course, or a person with equivalent or superior knowledge and experience, who provides the services for operating the information communication network system at the Specified High-speed Computer Facilities) (iii) Information processing safety manager (meaning a person with the practical experience concerning protection of safety and credibility of information processing for three years or more after graduating from a university under the School Education Act with completion of an information engineering or communication engineering course or other course comparable to such course, or a person with equivalent or superior knowledge and experience, who provides the services for protecting the safety and credibility of information processing at the Specified High-speed Computer Facilities) |
(iii) The applicant is not in the state of insolvency.
(2) The Registration shall be made by entering the following matters in the registration book of the Registered Institution for Facilities
Use Promotion. (i) The Registration date and the Registration number
(ii) Name and address of the Registered Institution for Facilities Use
Promotion and, in case of a juridical person, the name of the representative
(iii) Type of the Specific Advanced Large Research Facilities for which the Registered Institution for Facilities Use Promotion is
to perform the Usage Promotion Services
(iv) Name and address of the office where the Registered Institution for
Facilities Use Promotion is to perform the Usage Promotion Services
(3) If the Registered Institution for Facilities Use Promotion intends to change any matter listed in item (ii) or (iv) of the preceding
paragraph, it shall notify
the same to the Minister of Education, Culture, Sports, Science and Technology
at least two weeks prior to the day of such intended change.
(Use by Registered Institution for Facilities Use Promotion)
Article 12 The Registered Institution for Facilities Use Promotion shall obtain
approval of the Minister of Education, Culture, Sports, Science and Technology when it intends to use the portion of the Specific
Advanced Large Research
Facilities that is made available for public utilization by the Researchers, etc. for the purpose of research and study of measures
for promoting the
Researches Utilizing Facilities or for other purposes.
(Application, mutatis mutandis)
Article 13 The provision of Article 6 shall apply mutatis mutandis to the cases where the Registered Institution for Facilities Use
Promotion performs the
Usage Promotion Services. In this case, the term "RIKEN shall, as an entity establishing the Specific Advanced Large Research
Facilities," in the same
Article, paragraph (1) shall be deemed to be replaced with "the Registered
Institution for Facilities Use Promotion shall" and the term "the business
listed in the lower column of the table in the preceding Article according to the classification of the facilities listed in the upper
column of the same table
(excluding the business that are decided to be not undertaken by RIKEN
pursuant to the provision of Article 9, paragraph (1)), respectively," with "such
Usage Promotion Services".
(Renewal of Registration)
Article 14 (1) The Registration shall lose its effect due to the expiration of the period unless it is renewed every five years.
(2) The provisions of Article 8, paragraph (2), Article 10 and Article 11,
paragraphs (1) and (2) shall apply mutatis mutandis to the renewal of the
Registration set forth in the preceding paragraph.
(Obligations Pertaining to Performance of Usage Promotion Services)
Article 15 (1) The Registered Institution for Facilities Use Promotion shall
perform the Usage Promotion Services without delay whenever required to do so by the Minister of Education, Culture, Sports, Science
and Technology, unless there is any justifiable grounds.
(2) The Registered Institution for Facilities Use Promotion shall perform the
Usage Promotion Services in a manner that is fair and complying with the
standards specified by the Ordinance of the Ministry of Education, Culture,
Sports, Science and Technology, following the implementation plan prepared pursuant to the provision of Article 6, paragraph (1) as
replaced and applied mutatis mutandis pursuant to Article 13 and approved by the Minister of
Education, Culture, Sports, Science and Technology.
(Selection Committee)
Article 16 The Registered Institution for Facilities Use Promotion shall, when it makes selection pursuant to the provision of Article
8, paragraph (1), item (i),
set up the selection committee consisting of persons with academic background
and experience concerning the Researches Utilizing Facilities, and hear the opinions of such committee.
(Approval of Rules of Service)
Article 17 (1) The Registered Institution for Facilities Use Promotion shall,
when it performs the Usage Promotion Services, prescribe the rules concerning such services (hereinafter referred to as the "Rules
of Service") and obtain
approval of the Minister of Education, Culture, Sports, Science and Technology prior to the commencement of such services. The same
shall apply when a
modification is to be made in such Rules of Service.
(2) The Minister of Education, Culture, Sports, Science and Technology may
order modification of the Rules of Service approved pursuant to the preceding paragraph when he/she finds that such Rules of Service
have become
inappropriate for proper and steady performance of the Usage Promotion
Services.
(3) The matters to be described in the Rules of Service shall be specified by an
Ordinance of the Ministry of Education, Culture, Sports, Science and
Technology.
(Suspension and Discontinuance of Usage Promotion Services)
Article 18 The Registered Institution for Facilities Use Promotion may not suspend or discontinue the Usage Promotion Services, in
whole or in part,
without obtaining permission of the Minister of Education, Culture, Sports, Science and Technology.
(Maintenance and Inspection, etc. of Financial Statements, etc.)
Article 19 (1) Within three months after the end of every business year, the
Registered Institution for Facilities Use Promotion shall prepare an inventory
of property, balance sheet, profit and loss statement or income and expenditure account statement, and business report (including
electromagnetic records
(meaning the records made by an electronic form, a magnetic form or any other form not recognizable to human perception, which is
used in information
processing by computers; hereinafter the same shall apply in this Article) in
cases where such electromagnetic records are prepared instead of those paper
documents; hereinafter referred to as the "Financial Statements, etc.") for such business year, submit the same to the Minister
of Education, Culture, Sports,
Science and Technology, and maintain the same at its office for five years.
(2) A person who intends to conduct the Researches Utilizing Facilities or any other interested person may make any of the following
requests to the
Registered Institution for Facilities Use Promotion at any time during the business hours of such Registered Institution for Facilities
Use Promotion; provided, however, that when making a request set forth in item (ii) or (iv),
such person shall pay the fees and costs specified by the Registered Institution for Facilities Use Promotion.
(i) When the Financial Statements, etc. are prepared as written documents, a request for inspection or copy of such documents
(ii) A request for a transcript or extract of the written documents set forth in
the preceding item
(iii) When the Financial Statements, etc. are prepared as electromagnetic records, a request for inspection or copy of the matters
recorded on such
electromagnetic records which are indicated or displayed by means specified by an Ordinance of the Ministry of Education, Culture,
Sports, Science and
Technology
(iv) A request for provision of the matters recorded on the electromagnetic
records set forth in the preceding item by electromagnetic means (meaning the means utilizing an electronic data processing system
or other means
utilizing information communication technology which are specified by an
Ordinance of the Ministry of Education, Culture, Sports, Science and
Technology) or a request for delivery of the written documents containing such matters
(Separate Accounting)
Article 20 The Registered Institution for Facilities Use Promotion shall, when it performs its Usage Promotion Services, organize
and maintain the accounting procedures pertaining to the Usage Promotion Services separately from other
accounting procedures.
(Grants)
Article 21 The State may grant to the Registered Institution for Facilities Use
Promotion the subsidies in the amount corresponding to the whole or a part of the costs required for the Usage Promotion Services,
within the scope of the
budget.
(Appointment and Dismissal of Officers)
Article 22 If the Registered Institution for Facilities Use Promotion is a juridical person, it shall notify the Minister of Education,
Culture, Sports, Science and
Technology of any appointment or dismissal of its officer without delay.
(Nature of Officers and Staff Members as Public Officers)
Article 23 The Registered Institution for Facilities Use Promotion (or its officers in case of a juridical person) or the staff members
thereof who are engaged in
the User Selection Services shall be deemed as officers engaged in public duties
pursuant to the Acts and regulations, in terms of the application of the
Criminal Code (Act No. 45 of 1907) or other penal provisions.
(Reports and Inspections)
Article 24 (1) To the extent necessary for the enforcement of this Act, the Minister of Education, Culture, Sports, Science and Technology
may require the Registered Institution for Facilities Use Promotion to report the Usage
Promotion Services, or cause its officials to visit and enter the office of the
Registered Institution for Facilities Use Promotion and inspect the situation of such Usage Promotion Services or the books, documents
or other properties, or to ask questions to the person(s) concerned.
(2) The officials who conduct an on-site inspection pursuant to the preceding
paragraph shall carry their respective identification certificates and present the same at the request of the person(s) concerned.
(3) The authority granted pursuant to paragraph (1) shall not be interpreted as
being granted for the purpose of criminal investigation.
(Order for Compliance)
Article 25 The Minister of Education, Culture, Sports, Science and Technology may, when he/she finds that the Registered Institution
for Facilities Use
Promotion has come to fail to comply with any of the items in Article 11,
paragraph (1), order such Registered Institution for Facilities Use Promotion to take necessary measures for compliance with such
provision(s).
(Order for Improvement)
Article 26 The Minister of Education, Culture, Sports, Science and Technology may, when he/she finds that the Registered Institution
for Facilities Use
Promotion is in violation of the provision of Article 15, order such Registered
Institution for Facilities Use Promotion to perform the Usage Promotion
Services or to take necessary measures for improving the methods of the Usage
Promotion Services.
(Rescission, etc. of Registration)
Article 27 The Minister of Education, Culture, Sports, Science and Technology may rescind its Registration or order suspension of
the Usage Promotion
Services, in whole or in part, for a specified period, if the Registered Institution for Facilities Use Promotion;
(i) Comes to fall under Article 10, item (i) or (iii).
(ii) Violates the provision of Article 11, paragraph (3), Article 12, Article 18, Article 19, paragraph (1), Article 20 or Article
22.
(iii) Has performed the Usage Promotion Services without complying with the
Rules of Service as approved pursuant to Article 17, paragraph (1).
(iv) Violates the order issued pursuant to the provision of Article 17, paragraph
(2) or the provisions of the preceding two Articles.
(v) Rejects a request made pursuant to the provision of each item of Article 19, paragraph (2) without justifiable reason.
(vi) Obtains the Registration by wrongful means.
(Public Notice)
Article 28 (1) The Minister of Education, Culture, Sports, Science and
Technology shall give public notice in the official gazette in the following cases. (i) The Registration is made.
(ii) The notification pursuant to the provision of Article 11, paragraph (3) is
made.
(iii) The permission set forth in Article 18 is granted.
(iv) The Registration is rescinded or the suspension of the Usage Promotion
Services is ordered pursuant to the provision of the preceding Article.
(2) The Minister of Education, Culture, Sports, Science and Technology shall give public notice of the following matters in advance
whenever he/she entrusts the Registered Institution for Facilities Use Promotion to perform the Usage
Promotion Services pursuant to the provision of Article 8, paragraph (1).
(i) Matters listed in each item of Article 11, paragraph (2)
(ii) Content of the Usage Promotion Services performed by the Registered
Institution for Facilities Use Promotion
(iii) The day on which the Registered Institution for Facilities Use Promotion commences the Usage Promotion Services
Chapter V Penal Provisions
Article 29 Any person falling under either of the following items shall be punished by a fine of not more than three hundred thousand
yen.
(i) A person who discontinues all of the Usage Promotion Services without obtaining permission pursuant to Article 18
(ii) A person who fails to submit reports pursuant to Article 24, paragraph (1) or makes false reports, or rejects, interferes with
or avoids the inspection conducted pursuant to the provision of the same paragraph, or fails to make statements or makes false statements
in response to the questions made
pursuant to the provision of the same paragraph
Article 30 When the representative of a juridical person or the agent, employee or other worker of a juridical person or an individual
has committed any
violation set forth in the preceding Article with regard to the business of such
juridical person or individual, not only the offender but also such juridical person or individual shall be punished by the penalty
prescribed in the same Article.
Article 31 Any person who has failed to maintain the Financial Statements, etc., has failed to enter the matters to be entered or
has made false entries in the Financial Statements, etc. in violation of the provision of Article 19, paragraph (1), or has refused
a request made under each item of paragraph (2) of the
same Article without justifiable reason shall be punished by a non-penal fine of
not more than two hundred thousand yen.
Supplementary Provisions [Extract] (Effective Date)
Article 1 This Act shall come into force as from the date specified by a Cabinet
Order within a period not exceeding six months from the day of promulgation.
(Transitional Measures concerning Penal Provisions)
Article 2 With regard to the application of penal provisions to acts committed
prior to the enforcement of this Act, the provisions then in force shall remain
applicable.
Supplementary Provisions [Act No. 160 of December 22, 1999] [Extract] (Effective Date)
Article 1 This Act (excluding Article 2 and Article 3) shall come into force as
from January 6, 2001.
Supplementary Provisions [Act No. 160 of December 13, 2002] [Extract] (Effective Date)
Article 1 This Act shall come into force as from the day of promulgation;
provided, however, that the provisions listed in each of the following items shall come into force as from the day specified in each
such item.
(i) The provisions of Article 5 to Article 8 inclusive, Article 10, Article 11 and
Article 13 of the Supplementary Provisions: October 1, 2003
Supplementary Provisions [Act No. 155 of December 3, 2004] [Extract] (Effective Date)
Article 1 This Act shall come into force as from the day of promulgation;
provided, however, that the provisions of Article 10 to Article 12 inclusive,
Article 14 to Article 17 inclusive, Article 18, paragraphs (1) and (3) and Article
19 to Article 32 inclusive of the Supplementary Provisions shall come into force as from October 1, 2005.
Supplementary Provisions [Act No. 37 of May 17, 2006] [Extract] (Effective Date)
Article 1 This Act shall come into force as from July 1, 2006; provided, however,
that the provision of the following Article and the provision of Article 6 of the
Supplementary Provisions shall come into force as from the day of promulgation.
(Preparation prior to Enforcement)
Article 2 A person who intends to obtain the Registration pursuant to Article 8, paragraph (1) of the Act on the Promotion of Public
Utilization of the Specific Advanced Large Research Facilities revised by the provision of Article 2
(hereinafter referred to as the "New Act") may apply for the Registration even
prior to the enforcement of this Act.
(Transitional Measures concerning Partial Revision of the Act for the
Promotion of Public Utilization of the Specific Synchrotron Radiation
Facilities)
Article 3 (1) A person who has actually received the designation, as of the
enforcement of this Act, pursuant to the provision of Article 8, paragraph (1) of the Act for the Promotion of Public Utilization
of the Specific Synchrotron
Radiation Facilities prior to revision pursuant to the provision of Article 2
(hereinafter referred to as the "Old Act") shall be deemed to have received the Registration pursuant to Article 8, paragraph
(1) of the New Act pertaining to the Specific Synchrotron Radiation Facilities until the day nine months have elapsed since the effective
date of this Act.
(2) With respect to the business report, balance sheet, income and expenditure
account statement and inventory of property of a person who has actually
received the designation, as of the enforcement of this Act, pursuant to the
provision of Article 8, paragraph (1) of the Old Act pertaining to the business
year including the preceding day of the effective date of this Act, the provisions of Article 14, paragraph (2) and Article 24 (limited
to the portion pertaining to item (iii)) of the Old Act shall remain in force.
Article 4 In addition to what is prescribed by the preceding Article, any
disposition, procedure or other act made or taken prior to the enforcement of this Act pursuant to the provisions of the Old Act (including
orders issued
thereunder) shall, if the New Act (including orders issued thereunder) contains the corresponding provisions, be deemed to have been
made or taken under
such corresponding provisions.
Article 5 With regard to the application of penal provisions to acts committed
prior to the enforcement of this Act, the provisions then in force shall remain applicable.
(Delegation to Cabinet Order)
Article 6 In addition to what is prescribed by Article 2 to the preceding Article
inclusive of the Supplementary Provisions, transitional measures necessary for the enforcement of this Act shall be specified by a
Cabinet Order.
(Review)
Article 7 At the time five years have elapsed since the enforcement of this Act, the government shall review the provisions of the
New Act, and take any necessary measures based on the results thereof when it finds it necessary by taking into account the status
of the enforcement of the New Act.
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