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Regulation 7 Order for compensationF1I1

United Kingdom

(1)

Subject to paragraph (2) below, where return of the object is ordered, the F2High Court of Northern Ireland shall order the requesting member State to pay the possessor F3fair compensation.

(2)

The court shall not order the payment of compensation unless F4the possessor demonstrates that he exercised due care and attention in acquiring the object.

(F52A)

In determining whether the possessor exercised due care and attention, the F6High Court of Northern Ireland shall consider all the circumstances of the acquisition, in particular—

(a)

the documentation on the object's provenance;

(b)

the authorisations for removal required under the law of the requesting member State;

(c)

the character of the parties;

(d)

the price paid; and

(e)

whether the possessor consulted any accessible register of stolen cultural objects and any relevant information which he could reasonably have obtained, or took any other step which a reasonable person would have taken in the circumstances.

(3)

In the application of paragraph (2) above where there has been a donation or succession, the possessor shall not be in a more favourable position than the person from whom he acquired the object upon the donation or succession.

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. 7(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)(d)

F3

Words in reg. 7(1) substituted (18.12.2015) by The Return of Cultural Objects (Amendment) Regulations 2015 (S.I. 2015/1926), art. 1, reg. 2(9)

F4

Words in reg. 7(2) substituted (18.12.2015) by The Return of Cultural Objects (Amendment) Regulations 2015 (S.I. 2015/1926), art. 1, reg. 2(10)

F5

Reg. 7(2A) inserted (18.12.2015) by The Return of Cultural Objects (Amendment) Regulations 2015 (S.I. 2015/1926), art. 1, reg. 2(11)

F6

Words in reg. 7(2A) substituted (31.12.2020) by The Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1458), regs. 1(3), 3(3)(d)

Commencement

I1

Reg. 7 in force at 2.3.1994, see reg. 1(2)