The Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020

Made: 7th December 2020

Laid before Parliament: 9th December 2020

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8C(1)(a) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018[^f00001].

Citation and commencement

1

• (1) These Regulations may be cited as the Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020.

• (2) This regulation and regulation 2 come into force immediately before IP completion day.

• (3) Regulation 3 comes into force on IP completion day.

Amendment of 2018 EU Exit Regulations

2

• (1) The Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018[^f00002] are amended as follows.

• (2) After regulation 1 (citation and commencement) insert—

(1A) These Regulations extend to England and Wales and Scotland.

• (3) In regulation 2(a) (revocation) omit “(the “1994 Regulations”)”.

• (4) For regulation 3 (interpretation) substitute—

(3) In these Regulations— (a) “1994 Regulations” means the Return of Cultural Objects Regulations 1994, as they had effect immediately before IP completion day; (b) “competent court” has the meaning given in regulation 2(4)(a) and (b) of the 1994 Regulations.

Amendment of 1994 Regulations

3

• (1) The Return of Cultural Objects Regulations 1994[^f00003] are amended as follows.

• (2) Omit regulation 2(4) (definition of competent court).

• (3) In the following provisions, for “competent court” substitute “High Court of Northern Ireland”—

• (a) regulation 4(1) (power of court to make orders ancillary to Regulation 3);

• (b) regulation 5(1) (powers of entry and search);

• (c) regulation 6(3) (Member State’s right to take proceedings);

• (d) regulation 7(1) and (2A) (order for compensation).

• (4) In regulation 3(3) (notification when cultural object found), for “the United Kingdom”, substitute “Northern Ireland”.

Signed

Caroline Dinenage — Parliamentary Under Secretary of State — Department for Digital, Culture, Media and Sport — 7th December 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of the powers conferred by section 8C(1)(a) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c.16). The Regulations make amendments to legislation in the field of the return of cultural goods necessary to implement the Northern Ireland Protocol as part of the EU Withdrawal Agreement.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is available alongside the instrument on the UK legislation website, www.legislation.gov.uk .

Footnotes

[^f00001]: 2018 c. 16. Section 8C was inserted by section 21 of the European Union (Withdrawal Agreement) Act 2020 (c. 1); paragraph 21 of Schedule 7 was amended by paragraph 53(2) of Schedule 5 to the 2020 Act.

[^f00002]: S.I. 2018/1086. As amended by S.I. 2020/975.

[^f00003]: S.I. 1994/501. As amended by S.I. 1997/1719, 2001/3972, 2015/1926 and 2018/1086.