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Ivory Act 2018

Status:

This is the original version (as it was originally enacted).

4Further provision about exemption certificates

This section has no associated Explanatory Notes

(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

(c)it seems to the Secretary of State to be appropriate for any other reason to provide a replacement certificate.

(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.

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