Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Bringing of claims, time limits for claims and determination of claims | ||
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120. (1) A claim under the Convention in respect of a cultural object may be brought in the relevant court by or on behalf of a contracting state or other person entitled to make a claim under the Convention. | ||
(2) (a) Subject to paragraph (b), a claim under the Convention brought in the relevant court in respect of a cultural object shall be against the possessor of the object. | ||
(b) Where the identity of the possessor of a cultural object is not known, proceedings in rem may be brought in the relevant court in respect of that object. | ||
(3) Notwithstanding any provision of the Statute of Limitations 1957 , a claim under the Convention may be brought within the time limits provided for in the Convention and, accordingly, no provision of that Act shall operate or have effect so as to extinguish the title of the owner of a cultural object in respect of which a claim is, or may be, made under the Convention where such claim is, or would be, in accordance with the time limits provided in the Convention. | ||
(4) The reference in subsection (3) to “time limits provided for in the Convention” means those time limits provided for in paragraphs 3 and 4 of Article 3 of the Convention unless a declaration is made by the State in accordance with paragraphs 5 and 6 of Article 3 of the Convention, in which case the reference in subsection (3) to “time limits provided for in the Convention” shall mean the time limits provided for in paragraphs 3 and 4 of Article 3 of the Convention as so modified by reason of the making of that declaration. | ||
(5) A declaration referred to in subsection (4) shall not be made unless the Minister has made an order stating that such a declaration will be made. | ||
(6) Subject to section 121 (1) and (2), in determining a claim under the Convention in respect of a cultural object, the relevant court shall apply the provisions of the Convention notwithstanding that the requirements of this Act, or any other enactment or a rule of law, might otherwise prevent the return of that object. |