OpenLegislation

The Contracting Out (Functions in Relation to Cultural Objects) Order 2005

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2005, ISBN 0110723104

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 77(2) of the Deregulation and Contracting Out Act 1994, for approval by resolution of each House of Parliament.

CONTRACTING OUT

Made [March 2005]

Coming into force [March 2005]

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament pursuant to section 77(2) of the Deregulation and Contracting Out Act 1994f1:

Now, therefore, the Secretary of State, in exercise of the powers conferred upon her by section 69 of that Act, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1994 c.40.

Contents

  1. 1Citation and commencement
  2. 2Citation and commencement
  3. 3Contracting out of functions
  4. 4Supplementary
  5. Signature
  6. Explanatory note

1Citation and commencement

This Order may be cited as the Contracting Out (Functions in Relation to Cultural Objects) Order 2005 and shall come into force on the day after the day on which it is made.

2Citation and commencement

In this Order—

  • “the functions” means the functions now vested in the Secretary of State under the following provisions—

    1. (a)

      section 230 of the Inheritance Tax Act 1984f1;

    2. (b)

      sections 9, 10, 12, 16 and 16A of the National Heritage Act 1980f2; and

    3. (c)

      articles 2 and 3 of the Export of Objects of Cultural Interest (Control) Order 2003f3.

3Contracting out of functions

Subject to article 4 of this Order, the functions, or any of them, may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the Secretary of State—

(a)

either wholly or to such extent as may be specified in the authorisation;

(b)

either generally or in such cases of areas as may be so specified; and

(c)

either unconditionally or subject to the fulfilment of such conditions as may be so specified.

4Supplementary

Where any person has been authorised to exercise any functions of the Secretary of State in relation to the Export of Objects of Cultural Interest (Control) Order 2003, the provisions of article 8 of that Order shall apply to information held by that person, or by any employee of that person, as they apply to information held by the Secretary of State.

Signature

Secretary of State for Culture, Media and Sport

Department of Culture, Media and Sport

Date

Explanatory note

(This note is not part of the Order)

This Order makes provision to enable the Secretary of State for Culture, Media and Sport to authorise another person, or that person’s employees, to exercise certain of her functions in relation to cultural objects, namely—

(a)

functions under the Inheritance Tax Act 1984 (c.51) and the National Heritage Act 1980 (c.17) in relation to the acceptance of property in satisfaction or part satisfaction of tax or estate duty;

(b)

functions under the National Heritage Act 1980 in relation to the giving of indemnities by the Secretary of State to persons for the loss of, or damage to, any object belonging to that person while on loan to an institution in the United Kingdom, and

(c)

functions under the Export of Objects of Cultural Interest (Control) Order 2003 (S.I. 2003/2759) in relation to the grant of export licences for objects of cultural interest.