The Return of Cultural Objects Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 93/7/EEC on the return of cultural objects unlawfully removed from the territory of a member State (OJ No. L74/74, 27th March 1993).

The Regulations apply to certain cultural objects unlawfully removed from the territory of a member State on or after 1st January 1993. To be covered by the Regulations cultural objects must be national treasures of artistic, historic or archaeological value and also either belong to one of the categories listed in the Directive (with in some cases a monetary value above certain financial thresholds) or be on the inventory of a public collection or ecclesiastical institution. The financial thresholds applicable to the various categories of cultural objects are set out in sterling in the Schedule to the Regulations

Regulation 3 provides that the Secretary of State shall, upon application by a member State, seek specified cultural objects. Upon notification by the Secretary of State that a cultural object has been found in the United Kingdom the member State concerned has two months in which to check that the object in question is a cultural object covered by the Regulations. If the member State concerned does not make the check within two months the Secretary of State ceases to be under any duty to preserve the object

Regulations 4 and 5 enable the Secretary of State to apply for court orders so that the object can be located and preserved in accordance with the requirements of Regulation 3. The court is, in particular, given power to authorise the taking into custody of an object and the entry and search of premises

Regulation 6 confers a right of action on a member State to recover cultural objects unlawfully removed from its territory. A member State loses its right of action if it fails to commence proceedings within a year of becoming aware of the location of the object and the identity of its possessor or holder. The right is also lost if proceedings are not commenced within 30 years of the date of unlawful removal (or 75 years in the case of objects from public collections or certain ecclesiastical goods).

Regulation 7 provides that where return of an object is ordered the court shall order the payment of fair compensation by the requesting member State to a possessor who exercised due care and attention in acquiring the object

Expenses incurred in preserving a cultural object under Regulation 3 or in returning a cultural object consequent on an order under Regulation 6 are to be borne by the requesting member State

The court competent to make orders under the Regulations is the High Court in England, Wales and Northern Ireland and the Court of Session in Scotland