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

Statutory Instruments

2005 No. 1103

CONTRACTING OUT

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

Made

24th March 2005

Coming into force

25th 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 1994(1):

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:

Citation and commencement

1.  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.

2.  In this Order—

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

(a)

section 230 of the Inheritance Tax Act 1984(2);

(b)

sections 9, 10, 12, 16 and 16A of the National Heritage Act 1980(3); and

(c)

articles 2 and 3 of the Export of Objects of Cultural Interest (Control) Order 2003(4).

Contracting out of functions

3.  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 or areas as may be so specified; and

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

Supplementary

4.  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.

Estelle Morris

Minister of State

Department of Culture, Media and Sport

24th March 2005

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.

(1)

1994 c. 40.

(2)

1984 c. 51. Subsections 230(1), (3), (4) and (5) were amended by S.I. 1992/1311, article 12(2) and Schedule 2, paragraphs 6(2) and (4). Subsections 230(6) and (7) were inserted by article 2 and Schedule 2, paragraph 6(5) of that Order. Subsection 230(3) was also amended by S.I. 1995/1625, article 45(1) and Schedule 3, paragraph 1(2)(e).

(3)

1980 c. 17. Section 9 was amended by S.I. 1992/1311, paragraphs 5(2) and (4) of Schedule 2, and the National Heritage Act 1997 (c. 14), paragraph 2(2) of the Schedule. Subsections 9(8) and (9) were inserted by S.I. 1999/1756, article 2, and paragraph 7(1) of the Schedule. Section 10 was amended by S.I. 1992/1311, paragraphs 5(2) and (4) of Schedule 2. Section 12 was amended by the Inheritance Tax Act 1984 (c. 51), sections 274, 276 and 277, paragraph 14 of Schedule 8 and Schedule 9, S.I. 1981/207, article 4 and paragraph 4 of Schedule 2 and S.I. 1992/1311, paragraph 5(2)(a) of Schedule 2. Section 16 was amended by the Museums and Galleries Act 1992 (c. 44), sections 10(1) and 11(3), and Schedule 9, S.I. 1992/1311, article 12(2), and paragraph 5(2) of Schedule 2, and the Museums and Galleries Act 1992, sections 10(1), 11(3) and Schedule 9. Subsection (8) was inserted by S.I. 1999/1756, article 2, and paragraph 7(2) of the Schedule. Section 16A was inserted by the Museums and Galleries Act 1992, section 10(2) and amended by S.I. 1992/1311, article 12(2) and paragraph 5(5) of Schedule 2. Subsection 10(4) was inserted by S.I. 1999/1756, article 2 and paragraph 7(3) of the Schedule.

(4)

S.I. 2003/2579.