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
Citation and commencementE+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
I1Reg. 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
[F1ExtentE+W+S
1A. These Regulations extend to England and Wales and Scotland.]
Textual Amendments
F1Reg. 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
I2Reg. 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
RevocationE+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
F2Words 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
I3Reg. 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
[F3InterpretationE+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
F3Reg. 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
I4Reg. 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 ProvisionsE+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 [F4IP 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
F4Words 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
I5Reg. 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 [F5IP 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
F5Words 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
I6Reg. 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.