Legalize / United Kingdom / Public General Act

Ivory Act 2018

Type Public General Act

Publication 2018-12-20

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Prohibition

Prohibition on dealing in ivory

1

(1) Dealing in ivory is prohibited.

(2) “Dealing” in ivory means—

(a) buying, selling or hiring it;

(b) offering or arranging to buy, sell or hire it;

(d) exporting it from the United Kingdom for sale or hire;

(e) importing it into the United Kingdom for sale or hire.

(3) For the purposes of this section—

(a) buying includes acquiring for valuable consideration;

(b) selling includes disposing of for valuable consideration;

(4) In subsection (2)—

(a) a reference in paragraph (b) to buying or hiring ivory does not include buying ivory, or hiring it as the borrower, outside the United Kingdom;

(b) a reference in paragraph (b) or (c) to selling or hiring ivory includes selling ivory, or hiring it as the lender, outside the United Kingdom.

(5) In this section “ivory” includes—

(a) an item made of ivory;

(b) an item that has ivory in it.

(See further section 37.)

(6) Sections 2 and 6 to 9 set out exceptions to the prohibition.

Exemption for outstandingly valuable and important pre-1918 items

Pre-1918 items of outstanding artistic etc value and importance

2

(1) An item that is made of ivory, or has ivory in it, is exempt from the prohibition if—

(a) the Secretary of State has issued a certificate under this section (an “exemption certificate”), and

(b) the certificate has not been revoked under section 4(3).

This is subject to section 4(7).

(2) The Secretary of State may issue an exemption certificate for an item only if satisfied that—

(a) the item is pre-1918, and

(b) the item is of outstandingly high artistic, cultural or historical value.

(3) The following matters are to be taken into account in considering whether the condition in paragraph (b) of subsection (2) is satisfied in the case of a particular item—

(a) the rarity of the item;

(b) the extent to which the item is an important example of its type;

(4) An exemption certificate for an item may be issued only on the application of the owner of the item.

(5) The appropriate national authority may by regulations prescribe institutions that, in the authority's opinion, possess the necessary knowledge and expertise to provide the Secretary of State with advice on applications for exemption certificates.

In this Act “prescribed institution” means an institution prescribed under this subsection.

(6) An institution may be prescribed under subsection (5) only with the consent of the persons in charge of the institution.

Applications for exemption certificates

3

(1) A person applying for an exemption certificate for an item must—

(a) give the name and address of the owner of the item,

(b) provide a description of the item and of any distinguishing features that it has,

(d) make a declaration that, in the applicant's opinion, the item satisfies the conditions in paragraphs (a) and (b) of section 2(2),

(e) provide an explanation as to why the applicant is of that opinion,

(f) provide information about any dealing in the item that is expected to take place,

(g) provide any other information specified in regulations made by the appropriate national authority, and

(h) pay to the Secretary of State any fee prescribed by regulations made by the Secretary of State.

(2) The Secretary of State must refer an application for an exemption certificate to a prescribed institution if satisfied that—

(a) the applicant has complied with subsection (1), and

(b) the item is not one that clearly fails to satisfy the conditions in paragraphs (a) and (b) of section 2(2).

Otherwise the Secretary of State must refuse the application and inform the applicant why it has been refused.

(3) Where an application is referred to a prescribed institution under subsection (2), an individual nominated by the institution (“the assessor”) must—

(a) inspect and assess the item,

(b) notify the Secretary of State whether or not, in the assessor's opinion, the item satisfies the conditions in paragraphs (a) and (b) of section 2(2), and

(4) An institution may nominate an individual under subsection (3) only with the individual's consent.

(5) The Secretary of State must reimburse the reasonable costs of the prescribed institution or the assessor in dealing with an application referred under subsection (2).

(6) Having considered the assessor's opinion, the Secretary of State—

(a) must grant the application for an exemption certificate if the Secretary of State is of the opinion that the item satisfies the conditions in paragraphs (a) and (b) of section 2(2);

(b) otherwise, must refuse the application and inform the applicant why it has been refused.

(7) If the application is granted, the Secretary of State must provide the applicant with an exemption certificate.

Further provision about exemption certificates

4

(1) An exemption certificate must—

(a) contain a unique number (or combination of letters and figures);

(b) contain enough information to identify (so far as possible) the item to which it relates.

(2) Where an exemption certificate has been issued for an item and—

(a) the owner of the item becomes aware that any relevant information relating to the item is inaccurate or incomplete, or

(b) any such information becomes inaccurate or incomplete,

the owner must notify the Secretary of State accordingly and must provide the Secretary of State with the necessary information to make good the inaccuracy or incompleteness.

(3) The Secretary of State may revoke an exemption certificate if it appears to the Secretary of State that—

(a) the item concerned does not satisfy the conditions in paragraphs (a) and (b) of section 2(2), or

(b) the owner of the item has failed to comply with subsection (2) above.

(4) The Secretary of State may issue a revised exemption certificate if it appears to the Secretary of State that any relevant information relating to the item concerned is, or has become, inaccurate or incomplete.

(5) The Secretary of State may provide a person with a new exemption certificate (a “replacement certificate”) if—

(a) an exemption certificate has been lost,

(b) a person acquires an item in respect of which an exemption certificate has been issued but is unable to obtain that certificate from the previous owner, or

(6) Section 3 does not apply to an application for a replacement certificate.

(7) Where a person (P) deals in an item in respect of which an exemption certificate was issued to a different person, the exemption under section 2 applies only if—

(a) P has taken possession of the certificate or has been provided with a replacement certificate in respect of the item, and

(b) P has provided the Secretary of State with any specified information and has paid to the Secretary of State any fee prescribed by regulations made by the Secretary of State.

(8) In this section—

“information” includes any declaration or photograph;

“relevant information” means any information given to the Secretary of State under section 3 or this section;

“specified information” means information specified in regulations made by the appropriate national authority.

Fresh applications and appeals

5

(1) Where an application for an exemption certificate is refused or an exemption certificate is revoked, the owner of the item concerned—

(a) may make a fresh application;

(b) may appeal to the First-tier Tribunal against the refusal or revocation.

(2) A fee prescribed under section 3(1)(h) must be the same for a fresh application under subsection (1)(a) as for a first application.

(3) An appeal under subsection (1)(b) may be on the ground—

(a) that the decision was based on an error of fact,

(b) that the decision was wrong in law, or

or on any other grounds that are prescribed by regulations made by the appropriate national authority.

(4) On an appeal under subsection (1)(b), the First-tier Tribunal may—

(a) confirm the Secretary of State's decision to refuse or revoke the exemption certificate,

(b) require the Secretary of State to issue an exemption certificate, or to cancel the decision to revoke an existing exemption certificate, or

(5) The appropriate national authority may by regulations make further provision about appeals under subsection (1)(b).

(6) The Secretary of State may by regulations make provision requiring an appellant to pay a fee of a prescribed amount.

Other exemptions

Pre-1918 portrait miniatures

6

(1) An item that has ivory in it is exempt from the prohibition if—

(a) the item is a pre-1918 portrait miniature with a surface area of no more than 320 cm², and

(b) it is registered under section 10.

(2) For the purposes of subsection (1)(a) the “surface area” of a portrait miniature does not include any part consisting of or covered by a frame.

Pre-1947 items with low ivory content

7

(1) An item that has ivory in it is exempt from the prohibition if—

(a) the item is pre-1947,

(b) all the ivory in the item is integral to it,

(d) the item is registered under section 10.

(2) For the purposes of subsection (1)(b) ivory is “integral” to an item if it could not be removed from the item without difficulty or without damaging the item.

Pre-1975 musical instruments

8

(1) An item that has ivory in it is exempt from the prohibition if—

(a) the item is a pre-1975 musical instrument,

(b) the volume of ivory in the instrument is less than 20% of the total volume of the material of which the instrument is made, and

(2) In this section “musical instrument”—

(a) does not include anything that, although capable of being played as a musical instrument, was not made primarily for that purpose;

(b) includes a bow, plectrum or other thing made for playing a musical instrument.

Acquisitions by qualifying museums

9

(1) Dealing in an ivory item to which this section applies is exempt from the prohibition if or to the extent that the dealing—

(a) is a sale to, or a purchase or hire by, a qualifying museum, or

(b) is done for the purpose of such a sale, purchase or hire.

(2) This section applies to an ivory item that—

(a) was owned by a qualifying museum immediately before the relevant time, or

(b) is registered under section 10.

(3) A museum is a “qualifying museum” if at the relevant time—

(a) in the case of a museum in England, the Channel Islands or the Isle of Man, it is shown as being accredited in a list published by or on behalf of Arts Council England;

(b) in the case of a museum in Wales, it is shown as being accredited in a list published by or on behalf of the Welsh Government;

(c) in the case of a museum in Scotland, it is shown as being accredited in a list published by or on behalf of the Scottish Ministers;

(d) in the case of a museum in Northern Ireland, it is shown as being accredited in a list published by or on behalf of the Northern Ireland Museums Council;

(e) in the case of a museum anywhere else, it is a member of the International Council of Museums.

(4) Regulations made by the appropriate national authority may make any amendment to paragraph (a), (b), (c), (d) or (e) of subsection (3) that is consequential on a change of name or transfer of functions involving a body specified in that paragraph.

(5) In this section—

“ivory item” means—an item made of ivory, oran item that has ivory in it,but does not include an item consisting only of unworked ivory;

“purchase” includes an acquisition for valuable consideration;

“the relevant time” means the time of any activity that constitutes dealing in the ivory;

“sale” includes a disposal for valuable consideration (and “sell” is to be read accordingly).

Registration

10

(1) The Secretary of State must register an item under this section if the owner of the item—

(a) applies for it to be registered, giving the owner's name and address,

(b) provides a description of the item and of any distinguishing features that it has,

(d) in the case of an exemption under section 6, 7, or 8—

(i) makes a declaration that the item satisfies the relevant exemption conditions, and

(ii) provides an explanation of how the item satisfies those conditions,

(e) provides information about any dealing in the item that is expected to take place,

(f) provides any other information specified in regulations made by the appropriate national authority, and

(g) pays to the Secretary of State any fee prescribed by regulations made by the Secretary of State.

(2) “The relevant exemption conditions” are—

(a) in the case of section 6, the condition in subsection (1)(a) of that section;

(b) in the case of section 7, the conditions in subsection (1)(a) to (c) of that section;

(3) Regulations under subsection (1)(g) may provide for exemptions.

(4) Where an item is registered in response to an application under this section, the Secretary of State must provide the applicant with written confirmation of the registration. The confirmation must—

(a) identify the owner of the item;

(b) contain a unique number (or combination of letters and figures);

(5) The Secretary of State must keep a record of information (including photographs) provided to the Secretary of State under this section or section 11.

Further provision about registration

11

(1) The registration of an item under section 10 ceases to be valid if the ownership of the item changes (but the new owner may make a fresh application for registration).

(2) Where an item is registered under section 10 and—

(a) the owner of the item becomes aware that any relevant information relating to the item is inaccurate or incomplete, or

(b) any such information becomes inaccurate or incomplete,

the owner must notify the Secretary of State accordingly and must provide the Secretary of State with the necessary information to make good the inaccuracy or incompleteness.

(3) The Secretary of State may cancel a registration under section 10 if it appears to the Secretary of State that—

(a) the item concerned does not satisfy the relevant exemption conditions,

(b) the registration has become invalid because of subsection (1), or

(4) The Secretary of State may amend a registration under section 10, or anything recorded under section 10(5), if it appears to the Secretary of State that any relevant information relating to the registered item is, or has become, inaccurate or incomplete.

(5) In this section—

“information” includes any declaration or photograph;

“relevant information” means any information given to the Secretary of State under section 10 or this section;

“the relevant exemption conditions” has the meaning given by section 10(2).

Criminal and civil sanctions

Offence of breaching the prohibition or causing or facilitating a breach

12

(1) It is an offence—

(a) to breach the prohibition,

(b) to cause the prohibition to be breached, or

(2) A person commits an offence under this section in relation to an item only if the person knows or suspects, or ought to know or suspect, that the item is ivory, is made of ivory or (as the case may be) has ivory in it.

(3) It is a defence for a person charged with an offence under this section to prove that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.

(4) A person who commits an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

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