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The Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020

S.I. 2020/1458 · Made 7 December 2020

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.

Exiting The European Union

Cultural Objects

Made 7th December 2020

Laid before Parliament 9th December 2020

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8C(1)(a) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018f1.

Annotations to the whole text

Footnotes

f1

2018 c. 16. Section 8C was inserted by section 21 of the European Union (Withdrawal Agreement) Act 2020 (c. 1); paragraph 21 of Schedule 7 was amended by paragraph 53(2) of Schedule 5 to the 2020 Act.

Contents

  1. 1Citation and commencement
  2. 2Amendment of 2018 EU Exit Regulations
  3. 3Amendment of 1994 Regulations
  4. Signature
  5. Explanatory note

1Citation and commencement

(1)

These Regulations may be cited as the Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020.

(2)

This regulation and regulation 2 come into force immediately before IP completion day.

(3)

Regulation 3 comes into force on IP completion day.

2Amendment of 2018 EU Exit Regulations

(1)

The Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018f1 are amended as follows.

(2)

After regulation 1 (citation and commencement) insert—

“Extent

1A.

These Regulations extend to England and Wales and Scotland.”.

(3)

In regulation 2(a) (revocation) omit “(the “1994 Regulations”)”.

(4)

For regulation 3 (interpretation) substitute—

“Interpretation

3.

In these Regulations—

(a)

“1994 Regulations” means the Return of Cultural Objects Regulations 1994, as they had effect immediately before IP completion day;

(b)

“competent court” has the meaning given in regulation 2(4)(a) and (b) of the 1994 Regulations.”.

3Amendment of 1994 Regulations

(1)

The Return of Cultural Objects Regulations 1994f1 are amended as follows.

(2)

Omit regulation 2(4) (definition of competent court).

(3)

In the following provisions, for “competent court” substitute “High Court of Northern Ireland”—

(a)

regulation 4(1) (power of court to make orders ancillary to Regulation 3);

(b)

regulation 5(1) (powers of entry and search);

(c)

regulation 6(3) (Member State’s right to take proceedings);

(d)

regulation 7(1) and (2A) (order for compensation).

(4)

In regulation 3(3) (notification when cultural object found), for “the United Kingdom”, substitute “Northern Ireland”.

Signature

Caroline Dinenage

Parliamentary Under Secretary of State

Department for Digital, Culture, Media and Sport

7th December 2020

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8C(1)(a) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16). The Regulations make amendments to legislation in the field of the return of cultural goods necessary to implement the Northern Ireland Protocol as part of the EU Withdrawal Agreement.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is available alongside the instrument on the UK legislation website, www.legislation.gov.uk .