[F1Order for compensationU.K.
7.—(1) Subject to paragraph (2) below, where return of the object is ordered, the [F2High Court of Northern Ireland] shall order the requesting member State to pay the possessor [F3fair compensation].
(2) The court shall not order the payment of compensation unless [F4the possessor demonstrates that he] exercised due care and attention in acquiring the object.
[F5(2A) In determining whether the possessor exercised due care and attention, the [F6High Court of Northern Ireland] shall consider all the circumstances of the acquisition, in particular—
(a)the documentation on the object's provenance;
(b)the authorisations for removal required under the law of the requesting member State;
(c)the character of the parties;
(d)the price paid; and
(e)whether the possessor consulted any accessible register of stolen cultural objects and any relevant information which he could reasonably have obtained, or took any other step which a reasonable person would have taken in the circumstances.]
(3) In the application of paragraph (2) above where there has been a donation or succession, the possessor shall not be in a more favourable position than the person from whom he acquired the object upon the donation or succession.]
Textual Amendments
F1Regulations revoked (E.W.S.) (31.12.2020) by The Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018 (S.I. 2018/1086), regs. 1, 2(a) (with regs. 4, 5) (as amended by S.I. 2020/975, regs. 1, 2(2) and S.I. 2020/1458, regs. 1(2), 2(2)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 7(1) substituted (31.12.2020) by The Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1458), regs. 1(3), 3(3)(d)
F3Words in reg. 7(1) substituted (18.12.2015) by The Return of Cultural Objects (Amendment) Regulations 2015 (S.I. 2015/1926), art. 1, reg. 2(9)
F4Words in reg. 7(2) substituted (18.12.2015) by The Return of Cultural Objects (Amendment) Regulations 2015 (S.I. 2015/1926), art. 1, reg. 2(10)
F5Reg. 7(2A) inserted (18.12.2015) by The Return of Cultural Objects (Amendment) Regulations 2015 (S.I. 2015/1926), art. 1, reg. 2(11)
F6Words in reg. 7(2A) substituted (31.12.2020) by The Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1458), regs. 1(3), 3(3)(d)
Commencement Information
I1Reg. 7 in force at 2.3.1994, see reg. 1(2)