Other exemptions

I1I29Acquisitions 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—

    1. a

      an item made of ivory, or

    2. 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).