The Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018

Statutory Instruments

2018 No. 1086

Exiting The European Union

Cultural Objects

The Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018

Sift requirements satisfied

11th September 2018

Made

10th October 2018

Laid before Parliament

15th October 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 M1 .

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Marginal Citations

M1 2018 c. 16.

Citation and commencement E+W+S

1.  These Regulations may be cited as the Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018 and come into force on exit day.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F1 Extent E+W+S

1A.   These Regulations extend to England and Wales and Scotland.]

Textual Amendments

F1 Reg. 1A inserted (31.12.2020 immediately before IP completion day) by The Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1458), regs. 1(2), 2(2)

Commencement Information

I2 Reg. 1A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Revocation E+W+S

2.  The following Regulations are revoked, except as set out in regulations 4 and 5:

(a) The Return of Cultural Objects Regulations 1994 M2 F2 ... ; and

(b) The Return of Cultural Objects (Amendment) Regulations 2015 M3 .

Textual Amendments

F2 Words in reg. 2(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1458), regs. 1(2), 2(3)

Commencement Information

I3 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 S.I. 1994/501.

M3 S.I. 2015/1926.

[F3 Interpretation E+W+S

3.   In these Regulations—

(a) “1994 Regulations” means the Return of Cultural Objects Regulations 1994, as they had effect immediately before IP completion day;

(b) “competent court” has the meaning given in regulation 2(4)(a) and (b) of the 1994 Regulations.]

Textual Amendments

F3 Reg. 3 substituted (31.12.2020 immediately before IP completion day) by The Return of Cultural Objects (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1458), regs. 1(2), 2(4)

Commencement Information

I4 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Transitional Provisions E+W+S

4.  The Secretary of State shall continue to comply with the duty under regulation 3 of the 1994 Regulations in respect of any application by a member State which was received by the Secretary of State before [F4 IP completion day]. Regulations 1, 2, 3, 4 and 5 of the 1994 Regulations will continue in force in relation to any such application.

Textual Amendments

F4 Words in reg. 4 substituted (31.12.2020) by The Return of Cultural Objects (Revocation) (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/975), regs. 1, 2(2)

Commencement Information

I5 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

5.  Where a claim under regulation 6 of the 1994 Regulations has been properly filed with the competent court in accordance with the rules of that court and the 1994 Regulations before [F5 IP completion day], regulations 1, 2, 6, 7 and 8 of the 1994 Regulations shall continue in force in relation to any such claim.

Textual Amendments

F5 Words in reg. 5 substituted (31.12.2020) by The Return of Cultural Objects (Revocation) (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/975), regs. 1, 2(2)

Commencement Information

I6 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Michael Ellis

Parliamentary Under Secretary of State

Department for Digital, Culture Media and Sport

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the power in section 8(1) of the European Union (Withdrawal) Act 2018 in order to address deficiencies (in particular under section 8(2)(c) of the Act) arising from the withdrawal of the UK from the European Union.

They revoke the Return of Cultural Objects Regulations 1994 and the Return of Cultural Objects (Amendment) Regulations 2015, which made provision for reciprocal arrangements between the United Kingdom and EU member States relating to the return of cultural property unlawfully removed from the territory of EU member States.