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Possessor of stolen or illegally exported cultural object and compensation
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121. (1) (a) Subject to paragraph (b), notwithstanding Article 4 of the Convention, no compensation shall be payable to the possessor of a stolen cultural object.
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(b) Paragraph (a) shall not be construed to exclude any remedy arising under this Act, or another enactment or a rule of law, which the possessor of a cultural object may have as against any prior transferor other than the contracting state or other person making a claim under the Convention in respect of the stolen cultural object concerned.
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(2) (a) Subject to paragraph (b), notwithstanding Article 6 of the Convention, compensation shall not be payable by a contracting state to the possessor of an illegally exported cultural object unless the relevant court considers it fair and reasonable that such payment should be made and, in its discretion, makes an order to that effect.
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(b) The relevant court shall not make an order referred to in paragraph (a) unless it appears to the court that the possessor of an object—
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(i) has acted in good faith at all material times,
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(ii) neither knew nor ought reasonably to have known at the time of acquisition of the object that it had been illegally exported, and
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(iii) is not the person who illegally exported the object from the requesting state.
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(3) Where compensation is ordered to be paid in the circumstances referred to in subsection (2), only such amount as appears to the relevant court to be fair and reasonable shall be ordered to be paid and compensation at the market value of the object shall not be necessary.
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(4) Without prejudice to subsections (1) to (3), no compensation shall be ordered by the relevant court to be paid to the possessor of a cultural object unless the possessor applies to the court for it to be paid prior to the making by the court of any order for the return of the object to the requesting state, and the burden of establishing or proving an entitlement to compensation on the making of such application shall be on the possessor.
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