Ivory Bill (HL Bill 119)

A

BILL

TO

Prohibit dealing in ivory, and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Prohibition

1 Prohibition on dealing in ivory

(1) Dealing in ivory is prohibited.

(2) “Dealing” in ivory means—

(a) 5buying, selling or hiring it;

(b) offering or arranging to buy, sell or hire it;

(c) keeping it for sale or hire;

(d) exporting it from the United Kingdom for sale or hire;

(e) importing it into the United Kingdom for sale or hire.

(3) 10For the purposes of this section—

(a) buying includes acquiring for valuable consideration;

(b) selling includes disposing of for valuable consideration;

(c) offering includes advertising and inviting to treat.

(4) In subsection (2)—

(a) 15a reference in paragraph (b) to buying or hiring ivory does not include
buying ivory, or hiring it as the borrower, outside the United Kingdom;

(b) a reference in paragraph (b) or (c) to selling or hiring ivory includes
selling ivory, or hiring it as the lender, outside the United Kingdom.

(5) In this section “ivory” includes—

(a) 20an item made of ivory;

(b) an item that has ivory in it.

(See further section 35.)

(6) Sections 2 and 6 to 9 set out exceptions to the prohibition.

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Exemption for outstandingly valuable and important pre-1918 items

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

(1) An item that is made of ivory, or has ivory in it, is exempt from the prohibition
if—

(a) 5the Secretary of State has issued a certificate under this section (an
“exemption certificate”), and

(b) the certificate has not been revoked under section 4(3).

This is subject to section 4(7).

(2) The Secretary of State may issue an exemption certificate for an item only if
10satisfied that—

(a) the item is pre-1918, and

(b) the item is of outstandingly high artistic, cultural or historical value.

(3) The following matters are to be taken into account in considering whether the
condition in paragraph (b) of subsection (2) is satisfied in the case of a
15particular item—

(a) the rarity of the item;

(b) the extent to which the item is an important example of its type;

(c) any other matters specified in guidance issued by the Secretary of State.

(4) An exemption certificate for an item may be issued only on the application of
20the owner of the item.

(5) The Secretary of State may by regulations prescribe institutions that, in his or
her opinion, possess the necessary knowledge and expertise to provide the
Secretary of State with advice on applications for exemption certificates.

In this Act “prescribed institution” means an institution prescribed under this
25subsection.

(6) An institution may be prescribed under subsection (5) only with the consent of
the persons in charge of the institution.

3 Applications for exemption certificates

(1) A person applying for an exemption certificate for an item must—

(a) 30give the name and address of the owner of the item,

(b) provide a description of the item and of any distinguishing features
that it has,

(c) provide a photograph of the item showing any such features,

(d) make a declaration that, in the applicant’s opinion, the item satisfies the
35conditions in paragraphs (a) and (b) of section 2(2),

(e) provide an explanation as to why the applicant is of that opinion,

(f) provide information about any dealing in the item that is expected to
take place,

(g) provide any other information specified in guidance issued by the
40Secretary of State, and

(h) pay to the Secretary of State any fee prescribed by regulations made by
the Secretary of State.

(2) The Secretary of State must refer an application for an exemption certificate to
a prescribed institution if satisfied that—

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(a) the applicant has complied with subsection (1), and

(b) the item is not one that clearly fails to satisfy the conditions in
paragraphs (a) and (b) of section 2(2).

Otherwise the Secretary of State must refuse the application and inform the
5applicant why it has been refused.

(3) Where an application is referred to a prescribed institution under subsection
(2), an individual nominated by the institution (“the assessor”) must—

(a) inspect and assess the item,

(b) notify the Secretary of State whether or not, in the assessor’s opinion,
10the item satisfies the conditions in paragraphs (a) and (b) of section 2(2),
and

(c) notify the Secretary of State of the assessor’s reasons for forming that
opinion.

(4) An institution may nominate an individual under subsection (3) only with the
15individual’s consent.

(5) The Secretary of State must reimburse the reasonable costs of the prescribed
institution or the assessor in dealing with an application referred under
subsection (2).

(6) Having considered the assessor’s opinion, the Secretary of State—

(a) 20must grant the application for an exemption certificate if the Secretary
of State is of the opinion that the item satisfies the conditions in
paragraphs (a) and (b) of section 2(2);

(b) otherwise, must refuse the application and inform the applicant why it
has been refused.

(7) 25If the application is granted, the Secretary of State must provide the applicant
with an exemption certificate.

4 Further provision about exemption certificates

(1) An exemption certificate must—

(a) contain a unique number (or combination of letters and figures);

(b) 30contain enough information to identify (so far as possible) the item to
which it relates.

(2) Where an exemption certificate has been issued for an item and—

(a) the owner of the item becomes aware that any relevant information
relating to the item is inaccurate or incomplete, or

(b) 35any such information becomes inaccurate or incomplete,

the owner must notify the Secretary of State accordingly and must provide the
Secretary of State with the necessary information to make good the inaccuracy
or incompleteness.

(3) The Secretary of State may revoke an exemption certificate if it appears to the
40Secretary of State that—

(a) the item concerned does not satisfy the conditions in paragraphs (a)
and (b) of section 2(2), or

(b) the owner of the item has failed to comply with subsection (2) above.

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(4) The Secretary of State may issue a revised exemption certificate if it appears to
the Secretary of State that any relevant information relating to the item
concerned is, or has become, inaccurate or incomplete.

(5) The Secretary of State may provide a person with a new exemption certificate
5(a “replacement certificate”) if—

(a) an exemption certificate has been lost,

(b) a person acquires an item in respect of which an exemption certificate
has been issued but is unable to obtain that certificate from the previous
owner, or

(c) 10it seems to the Secretary of State to be appropriate for any other reason
to provide a replacement certificate.

(6) Section 3 does not apply to an application for a replacement certificate.

(7) Where a person (P) deals in an item in respect of which an exemption certificate
was issued to a different person, the exemption under section 2 applies only
15if—

(a) P has taken possession of the certificate or has been provided with a
replacement certificate in respect of the item, and

(b) P has provided the Secretary of State with any specified information
and has paid to the Secretary of State any fee prescribed by regulations
20made by the Secretary of State.

(8) The Secretary of State may require or allow anything that a person is required
to do under section 3 or this section to be done in a form or manner specified
in guidance issued by the Secretary of State.

(9) In this section—

  • 25“information” includes any declaration or photograph;

  • “relevant information” means any information given to the Secretary of
    State under section 3 or this section;

  • “specified information” means information specified in guidance issued
    by the Secretary of State.

5 30Fresh applications and appeals

(1) Where an application for an exemption certificate is refused or an exemption
certificate is revoked, the owner of the item concerned—

(a) may make a fresh application;

(b) may appeal against the refusal or revocation.

(2) 35A fee prescribed under section 3(1)(h) must be the same for a fresh application
under subsection (1)(a) as for a first application.

(3) The Secretary of State may by regulations make provision about appeals under
subsection (1)(b).

(4) The provision that may be made under subsection (3) includes (in particular)—

(a) 40provision about time periods within which appeals are to be brought
and determined;

(b) provision about the persons by whom appeals are to be determined;

(c) provision about written representations;

(d) provision as to the orders that may be made on an appeal;

(e) 45provision requiring an appellant to pay a fee of a prescribed amount.

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Other exemptions

6 Pre-1918 portrait miniatures

(1) An item that has ivory in it is exempt from the prohibition if—

(a) the item is a pre-1918 portrait miniature with a surface area of no more
5than 320 cm², and

(b) it is registered under section 10.

(2) For the purposes of subsection (1)(a) the “surface area” of a portrait miniature
does not include any part consisting of or covered by a frame.

7 Pre-1947 items with low ivory content

(1) 10An item that has ivory in it is exempt from the prohibition if—

(a) the item is pre-1947,

(b) all the ivory in the item is integral to it,

(c) the volume of ivory in the item is less than 10% of the total volume of
the material of which the item is made, and

(d) 15the item is registered under section 10.

(2) For the purposes of subsection (1)(b) ivory is “integral” to an item if it could not
be removed from the item without difficulty or without damaging the item.

8 Pre-1975 musical instruments

(1) An item that has ivory in it is exempt from the prohibition if—

(a) 20the item is a pre-1975 musical instrument,

(b) the volume of ivory in the instrument is less than 20% of the total
volume of the material of which the instrument is made, and

(c) the instrument is registered under section 10.

(2) In this section “musical instrument”—

(a) 25does not include anything that, although capable of being played as a
musical instrument, was not made primarily for that purpose;

(b) includes a bow, plectrum or other thing made for playing a musical
instrument.

9 Acquisitions by qualifying museums

(1) 30Dealing 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) 35was 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—

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(a) in the case of a museum in the United Kingdom, the Channel Islands or
the Isle of Man, it is shown as being accredited in a list published by or
on behalf of—

(i) Arts Council England,

(ii) 5the Welsh Government,

(iii) Museums Galleries Scotland, or

(iv) Northern Ireland Museums Council;

(b) in the case of a museum anywhere else, it is a member of the
International Council of Museums.

(4) 10Regulations made by the Secretary of State may make any amendment to
paragraph (a) or (b) 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—

    (a)

    15an item made of ivory, or

    (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
    20in the ivory;

  • “sale” includes a disposal for valuable consideration (and “sell” is to be
    read accordingly).

10 Registration

(1) The Secretary of State must register an item under this section if the owner of
25the item—

(a) applies for it to be registered, giving the owner’s name and address,

(b) provides a description of the item and of any distinguishing features
that it has,

(c) provides a photograph of the item showing any such features,

(d) 30in the case of an exemption under section 6, 7, or 8—

(i) makes a declaration that the item satisfies the relevant
exemption conditions, and

(ii) provides an explanation of how the item satisfies those
conditions,

(e) 35provides information about any dealing in the item that is expected to
take place,

(f) provides any other information specified in guidance issued by the
Secretary of State, and

(g) pays to the Secretary of State any fee prescribed by regulations made by
40the Secretary of State.

(2) “The relevant exemption conditions” are—

(a) in the case of section 6, the condition in subsection (1)(a) of that section;

(b) in the case of section 7, the conditions in subsection (1)(a) to (c) of that
section;

(c) 45in the case of section 8, the conditions in subsection (1)(a) and (b) of that
section.

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(3) Regulations under subsection (1)(g) may provide for exemptions.

(4) Where an item is registered in response to an application under this section, the
Secretary of State must provide the applicant with written confirmation of the
registration.

5The confirmation must—

(a) identify the owner of the item;

(b) contain a unique number (or combination of letters and figures);

(c) contain enough information to identify (so far as possible) the item to
which it relates.

(5) 10The Secretary of State must keep a record of information (including
photographs) provided to the Secretary of State under this section or section 11.

11 Further provision about registration

(1) The registration of an item under section 10 ceases to be valid if the ownership
of the item changes (but the new owner may make a fresh application for
15registration).

(2) Where an item is registered under section 10 and—

(a) the owner of the item becomes aware that any relevant information
relating to the item is inaccurate or incomplete, or

(b) any such information becomes inaccurate or incomplete,

20the owner must notify the Secretary of State accordingly and must provide the
Secretary of State with the necessary information to make good the inaccuracy
or incompleteness.

(3) The Secretary of State may cancel a registration under section 10 if it appears
to the Secretary of State that—

(a) 25the item concerned does not satisfy the relevant exemption conditions,

(b) the registration has become invalid because of subsection (1), or

(c) the owner of the item has failed to comply with subsection (2).

(4) The Secretary of State may amend a registration under section 10, or anything
recorded under section 10(5), if it appears to the Secretary of State that any
30relevant information relating to the registered item is, or has become,
inaccurate or incomplete.

(5) The Secretary of State may require or allow anything that a person is required
to do under section 10 or this section to be done in a form or manner specified
in guidance issued by the Secretary of State.

(6) 35In this section—

  • “information” includes any declaration or photograph;

  • “relevant information” means any information given to the Secretary of
    State under section 10 or this section;

  • “the relevant exemption conditions” has the meaning given by section
    4010(2).

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Criminal and civil sanctions

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

(1) It is an offence—

(a) to breach the prohibition,

(b) 5to cause the prohibition to be breached, or

(c) to facilitate a breach of the prohibition.

(2) A person commits an offence under this section in relation to an item only if the
person knows or suspects, or ought to know or suspect, that the item is ivory,
is made of ivory or (as the case may be) has ivory in it.

(3) 10It is a defence for a person charged with an offence under this section to prove
that the person took all reasonable precautions and exercised all due diligence
to avoid committing the offence.

(4) A person who commits an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a
15term not exceeding 12 months or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum (or
both);

(c) on summary conviction in Northern Ireland, to imprisonment for a
20term not exceeding six months or a fine not exceeding the statutory
maximum (or both);

(d) on conviction on indictment, to imprisonment for a term not exceeding
five years or a fine (or both).

(5) In relation to an offence committed before section 154(1) of the Criminal Justice
25Act 2003 comes into force, the reference in subsection (4)(a) to 12 months is to
be read as a reference to six months.

13 Civil sanctions

Schedule 1 (civil sanctions) has effect.

Powers of entry, search and seizure

14 30Power to stop and search persons

(1) This section applies where a police or customs officer has reasonable grounds
to suspect that a person has committed, or is committing, a relevant offence.

(2) The officer may—

(a) search the person for relevant evidence;

(b) 35stop and detain the person for the purposes of the search.

(3) The powers conferred by this section may be exercised in any place to which
the officer lawfully has access (whether or not it is a place to which the public
has access).

(4) In this Act—

  • 40“police or customs officer” means—

    (a)

    a constable,

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    (b)

    a designated customs official, or

    (c)

    a designated NCA officer authorised by the Director General of
    the National Crime Agency (whether generally or specifically)
    to exercise the powers of a police or customs officer under this
    5Act;

  • “relevant evidence” means evidence that a relevant offence has been
    committed;

  • “relevant offence” means—

    (a)

    an offence in connection with an exemption certificate or with
    10registration under section 10, or

    (b)

    an offence under section 12.

15 Power to stop and search vehicles

(1) This section applies where—

(a) a police or customs officer has reasonable grounds to suspect that there
15is relevant evidence in a vehicle, and

(b) the vehicle is not a dwelling.

(2) The officer may at any time—

(a) enter the vehicle and search it for relevant evidence;

(b) stop and detain the vehicle for the purposes of entering and searching
20it.

(3) Where—

(a) a police or customs officer has stopped a vehicle under this section, and

(b) the officer considers that it would be impracticable to search the vehicle
in the place where it has stopped,

25the officer may require the vehicle to be taken to another place to enable the
vehicle to be searched.

(4) A police or customs officer may require—

(a) any person travelling in a vehicle, or

(b) the registered keeper of a vehicle,

30to provide any help and facilities, with respect to matters under the person’s
control, that the officer considers would facilitate the exercise of a power
conferred by this section.

(5) The powers conferred by this section may be exercised in any place to which
the officer lawfully has access (whether or not it is a place to which the public
35has access).

(6) In this section “vehicle” does not include any vessel or aircraft (as to which, see
section 16).

(7) For provisions conferring additional powers to enter and search vehicles, see
sections 17 and 18.

16 40Power to board and search vessels and aircraft

(1) This section applies where—

(a) a police or customs officer has reasonable grounds to suspect that there
is relevant evidence in or on any vessel or aircraft, and

(b) the vessel or aircraft is not a dwelling.