Ivory Bill (HC Bill 215)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Environment, Food
and Rural Affairs, are published separately as Bill 215—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Michael Gove has made the following statement under section 19(1)(a) of the Human
Rights Act 1998:

In my view the provisions of the Ivory Bill are compatible with the Convention rights.

Contents

  1. Prohibition

    1. 1. Prohibition on dealing in ivory

  2. Exemption for outstandingly valuable and important pre-1918 items

    1. 2. Pre-1918 items of outstanding artistic etc value and importance

    2. 3. Applications for exemption certificates

    3. 4. Further provision about exemption certificates

    4. 5. Fresh applications and appeals

  3. Other exemptions

    1. 6. Pre-1918 portrait miniatures

    2. 7. Pre-1947 items with low ivory content

    3. 8. Pre-1975 musical instruments

    4. 9. Acquisitions by qualifying museums

    5. 10. Registration

    6. 11. Further provision about registration

  4. Criminal and civil sanctions

    1. 12. Offence of breaching the prohibition or causing or facilitating a breach

    2. 13. Civil sanctions

  5. Powers of entry, search and seizure

    1. 14. Power to stop and search persons

    2. 15. Power to stop and search vehicles

    3. 16. Power to board and search vessels and aircraft

    4. 17. Powers to enter and search premises

    5. 18. Warrants authorising entry and search of premises

    6. 19. Further provision about search warrants

    7. 20. Powers of examination etc

    8. 21. Power to require production of documents etc

    9. 22. Powers of seizure etc

    10. 23. Excluded items

    11. 24. Further provision about seizure under section 22

    12. 25. Notices and records in relation to seized items

    13. 26. Powers of entry, search and seizure: supplementary provision

    14. 27. Offences of obstruction etc

  6. Retention and disposal or return of items

    1. 28. Retention of seized items

    2. 29. Forfeiture of seized items by court on application

    3. 30. Appeal against decision under section 29

    4. 31. Return of item to person entitled to it, or disposal if return impracticable

    5. 32. Forfeiture by court following conviction

  7. General

    1. 33. Application of Customs and Excise Management Act 1979

    2. 34. Liability of corporate officers for offences by bodies corporate etc

    3. 35. Meaning of “ivory”

    4. 36. Meaning of other expressions

    5. 37. Regulations and guidance

    6. 38. Financial provision

    7. 39. Crown application

    8. 40. Extent

    9. 41. Commencement

    10. 42. Short title

    1. Schedule 1

      Civil sanctions

      1. Part 1

        Monetary penalties

      2. Part 2

        Stop notices

      3. Part 3

        Enforcement undertakings

      4. Part 4

        Enforcement cost recovery notices

      5. Part 5

        Power to make supplementary provision etc by regulations

      6. Part 6

        General and supplemental

      7. Part 7

        Interpretation

    2. Schedule 2

      Search warrants: England and Wales and Northern Ireland

      1. Part 1

        Preliminary

      2. Part 2

        Search warrants: applications and safeguards

      3. Part 3

        Execution of search warrants