Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Provisions supplementary to sections 120 and 121 | ||
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122. (1) The burden of proof in relation to all matters arising under proceedings relating to a claim under the Convention shall be on the balance of probabilities. | ||
(2) Any question as to whether a cultural object is a stolen cultural object for the purposes of the Convention, including for the purposes of Article 3(2) of the Convention, shall be determined by the relevant court on the basis of the law of the place where it is alleged the object was stolen. | ||
(3) Any question as to whether a cultural object is an illegally exported cultural object for the purposes of the Convention shall be determined by the relevant court on the basis of the law of the place from which the cultural object was exported. | ||
(4) Subject to the other provisions of this Chapter, an order requiring the return of a cultural object made consequent on a claim under the Convention brought in accordance with section 120 (1) may be on such terms and subject to such conditions as the relevant court considers fair and reasonable and specifies in the order. | ||
(5) Where any claim for the return of a cultural object comes within the scope of Directive 2014/60/EU of the European Parliament and of the Council of 15 May 20148 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No. 1024/2012 (Recast), then, notwithstanding the provisions of this Chapter, that Directive and the European Union (Return of Foreign Cultural Objects) Regulations 2016 ( S.I. No. 53 of 2016 ) shall apply to the claim in place of the provisions of this Chapter and of the Convention. | ||
(6) Notwithstanding the other provisions of this Chapter, a contracting state or other person seeking the return of a cultural object, whether situated within or outside the State, may, in addition or in the alternative, rely on this Act, or another enactment or a rule of law, whether in the same proceedings as a claim under the Convention or otherwise, but the failure of any such reliance shall in no way hinder or prevent a claim under the Convention. | ||
(7) The possessor of a cultural object and the contracting state or other person seeking its return may agree to submit a claim under the Convention in respect of such object to an arbitration procedure under the Arbitration Act 2010 and, accordingly, in such event the provisions of that Act shall apply. | ||