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The Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018

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Statutory Instruments

2018 No. 1086

Exiting The European Union

Cultural Objects

The Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018

Sift requirements satisfied

11th September 2018

Made

10th October 2018

Laid before Parliament

15th October 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018(1).

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation and commencement

1.  These Regulations may be cited as the Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018 and come into force on exit day.

Revocation

2.  The following Regulations are revoked, except as set out in regulations 4 and 5:

(a)The Return of Cultural Objects Regulations 1994 (the “1994 Regulations”)(2) ; and

(b)The Return of Cultural Objects (Amendment) Regulations 2015(3).

Interpretation

3.  In these Regulations, ‘competent court’ has the same meaning as in the 1994 Regulations.

Transitional Provisions

4.  The Secretary of State shall continue to comply with the duty under regulation 3 of the 1994 Regulations in respect of any application by a member State which was received by the Secretary of State before exit day. Regulations 1, 2, 3, 4 and 5 of the 1994 Regulations will continue in force in relation to any such application.

5.  Where a claim under regulation 6 of the 1994 Regulations has been properly filed with the competent court in accordance with the rules of that court and the 1994 Regulations before exit day, regulations 1, 2, 6, 7 and 8 of the 1994 Regulations shall continue in force in relation to any such claim.

Michael Ellis

Parliamentary Under Secretary of State

Department for Digital, Culture Media and Sport

10th October 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the power in section 8(1) of the European Union (Withdrawal) Act 2018 in order to address deficiencies (in particular under section 8(2)(c) of the Act) arising from the withdrawal of the UK from the European Union.

They revoke the Return of Cultural Objects Regulations 1994 and the Return of Cultural Objects (Amendment) Regulations 2015, which made provision for reciprocal arrangements between the United Kingdom and EU member States relating to the return of cultural property unlawfully removed from the territory of EU member States.

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