OpenLegislation

Regulation 5 Powers of entry and searchF1I1

United Kingdom

(1)

If on an application made by the Secretary of State for the purpose of performing his functions under Regulation 3 above the F2High Court of Northern Ireland—

(a)

is satisifed that there are reasonable grounds for believing—

(i)

that a cultural object has been unlawfully removed from the territory of a member State; and

(ii)

that it is on premises specified in the application; and

(b)

is satisfied that any of the conditions specified in paragraph (2) below applies,

the court may make an order authorising an officer of the Secretary of State to enter and search the premises and such an order may authorise other persons to accompany that officer.

(2)

The conditions mentioned in paragraph (1)(b) above are that admission to the premises has been refused, or that the case is one of urgency, or that an application for admission to the premises would defeat the object of the entry.

(3)

An application for an order under this Regulation—

(a)

may be made ex parte;

(b)

shall be supported by an affidavit; and

(c)

shall specify the premises which it is desired to enter and search, and identify, so far as practicable, the cultural object to be sought.

(4)

An order made under this Regulation shall authorise an entry on one occasion only and—

(a)

shall specify—

(i)

the name of the officer and of any other person authorised to accompany him;

(ii)

the date on which it is made;

(iii)

that it is made under this Regulation; and

(iv)

the premises to be searched; and

(b)

shall identify, so far as practicable, the cultural object to be sought.

(5)

Entry and search under an order made under this Regulation must be within one month from the date of the order and must be at a reasonable hour unless it appears to the officer executing it that the object of the entry may be defeated on an entry at a reasonable hour.

(6)

Where the officer seeks to execute an order made under this Regulation he shall, if requested by the occupier or other person appearing to him to be in charge of the premises, identify himself and produce the order to him.

(7)

A search under an order made under this Regulation may only be a search to the extent required for the purpose for which the order was made.

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. 5(1) substituted (31.12.2020) by The Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1458), regs. 1(3), 3(3)(b)

Commencement

I1

Reg. 5 in force at 2.3.1994, see reg. 1(2)