Ivory Act 2018

9 Acquisitions by qualifying museums

(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—

  (a)

  an item made of ivory, or

  (b)

  an 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).