Regulation 3 Investigation by Secretary of State etc.F1I1
United Kingdom
Subject to paragraph (2) below, upon application by a member State, the Secretary of State—
shall seek a specified cultural object which has been unlawfully removed from its territory; and
shall take steps to identify any possessor or holder.
The Secretary of State is not under any duty by virtue of paragraph (1) above unless the application includes all information needed to facilitate the search and, in particular, information with reference to the actual or presumed location of the object.
The Secretary of State shall notify the member State concerned, where a cultural object is found in F2Northern Ireland (whether as the result of a search under paragraph (1) above or not) and there are reasonable grounds for believing that it has been unlawfully removed from the territory of that State.
Subject to paragraph (5) below, the Secretary of State—
shall take steps to enable the competent authorities of the member State concerned to check that the object in question is a cultural object;
shall take any necessary measures, in cooperation with the member State concerned, for the physical preservation of an object which appears as a result of such a check to be a cultural object;
shall prevent, by the necessary interim measures, any action to evade the return procedure set out in these Regulations.
If the check for which paragraph (4)(a) above provides is not made within F3six months of the notification under paragraph (3) above, the Secretary of State shall cease to be under any duty by virtue of paragraph (4) above.
Expenses incurred in taking necessary measures for the preservation of a cultural object shall be borne by the member State which made the application under paragraph (1) above as respects the object or (where no such application is made) which, having been notified under paragraph (3) above as respects the object, seeks its return (whether by proceedings under Regulation 6 below or otherwise).
Annotations
Textual amendments
- F1
Regulations revoked (E.W.S.) (31.12.2020) by The Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018 (S.I. 2018/1086), regs. 1, 2(a) (with regs. 4, 5) (as amended by S.I. 2020/975, regs. 1, 2(2) and S.I. 2020/1458, regs. 1(2), 2(2)); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in reg. 3(3) substituted (31.12.2020) by The Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1458), regs. 1(3), 3(4)
- F3
Word in reg. 3(5) substituted (18.12.2015) by The Return of Cultural Objects (Amendment) Regulations 2015 (S.I. 2015/1926), art. 1, reg. 2(5)
Commencement
- I1
Reg. 3 in force at 2.3.1994, see reg. 1(2)