Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 9 Acceptance into the law of the State of rules established under the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects | ||
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Interpretation - Chapter 9 | ||
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117. (1) In this Chapter— | ||
“claim under the Convention” means a claim to which Article 1 of the Convention applies; | ||
“contracting state” means a state (other than the State) which is bound by the Convention; | ||
“Convention” means the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects done at Rome on 24 June 1995 (the text of which is set out, in the English language and for ease of reference, in Schedule 5 ); | ||
“cultural object” means an object within the scope of Article 2 of the Convention; | ||
“person” includes a contracting state; | ||
“possessor”, in relation to a cultural object, includes a person alleged to be in possession of the object; | ||
“relevant court”— | ||
(a) in relation to a cultural object situated within the State, means the Circuit Court as specified in section 118 , or | ||
(b) in relation to a cultural object situated within the territory of a contracting state, the court or other competent authority in the jurisdiction of which the claim concerned would fall under the Convention if such claim were a claim in tort in relation to the object; | ||
“stolen cultural object” has the same meaning and scope as it has under Article 3 of the Convention. | ||
(2) This Chapter shall be construed and interpreted in accordance with the provisions of the Convention so as to give the Convention full force and effect. | ||
(3) Any jurisdiction conferred on a court by this Chapter in respect of an object shall not prejudice the generality of any jurisdiction conferred on a court by any other enactment or a rule of law in respect of that object. |