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Ivory Act 2018

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Change 1

What to do with it
As published

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) the 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of State has issued a certificate under this section (an “exemption certificate”), and (b) the certificate has not been revoked under section 4(3).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 satisfied 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 particular 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 regulations made by the appropriate national authority. (4) An exemption certificate for an item may be issued only on the application of the owner of the item. (5) The appropriate national authority may by regulations prescribe institutions that, in the authority's 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 subsection. (6) An institution may be prescribed under subsection (5) only with the consent of the persons in charge of the institution.

Your change, as a redline

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) the 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of State has issued a certificate under this section (an “exemption certificate”), and (b) the certificate has not been revoked under section 4(3).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 satisfied 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 particular 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 regulations made by the appropriate national authority. (4) An exemption certificate for an item may be issued only on the application of the owner of the item. (5) The appropriate national authority may by regulations prescribe institutions that, in the authority's 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 subsection. (6) An institution may be prescribed under subsection (5) only with the consent of the persons in charge of the institution.

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