Ivory Bill — Report — 24 Oct 2018 at 18:45
Moved by Lord De Mauley
3: Clause 2, page 2, line 11, leave out “pre-1918” and insert “pre-1947”Member’s explanatory statementWithout this amendment, Art Deco objects of outstandingly high artistic, cultural or historical value, for example, will not be eligible for an exemption certificate.
Moved by Lord Gardiner of Kimble
7: Clause 2, page 2, line 18, leave out “guidance issued” and insert “regulations made”Member’s explanatory statementClause 2(3)(c) currently allows the Secretary of State to use guidance to specify matters that must be taken into account when considering whether an ivory item is of outstandingly high artistic, cultural or historical value. This amendment requires these matters to be specified in regulations instead.
Moved by Baroness Vere of Norbiton
8: Clause 2, page 2, line 18, leave out “Secretary of State” and insert “appropriate national authority”Member’s explanatory statementSee the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
Moved by Lord Gardiner of Kimble
9: Clause 2, page 2, line 21, leave out “Secretary of State” and insert “appropriate national authority”Member’s explanatory statementSee the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
10: Clause 2, page 2, line 21, leave out “his or her” and insert “the authority’s”Member’s explanatory statementThis amendment is consequential on the Minister’s first amendment at page 2, line 21.
Moved by Lord Gardiner of Kimble
11: Clause 3, page 2, line 39, leave out “guidance issued” and insert “regulations made”Member’s explanatory statementClause 3(1)(g) currently allows the Secretary of State to use guidance to specify information that a person applying for an exemption certificate must provide. This amendment requires the information to be specified in regulations instead.
12: Clause 3, page 2, line 40, leave out “Secretary of State” and insert “appropriate national authority”Member’s explanatory statementSee the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
Moved by Lord Gardiner of Kimble
14: Clause 4, page 4, line 21, leave out subsection (8)Member’s explanatory statementClause 4(8) currently allows the Secretary of State to issue guidance setting out the form or manner in which anything required by clause 3 or 4 may or must be done. This amendment removes this power.
15: Clause 4, page 4, line 28, leave out “guidance issued” and insert “regulations made”Member’s explanatory statementThe effect of the current definition of “specified information” is to allow the Secretary of State to use guidance to specify information that must be provided to the Secretary of State when a person other than the original holder of the exemption certificate deals in an item. This amendment requires the information to be specified in regulations instead.
16: Clause 4, page 4, line 29, leave out “Secretary of State” and insert “appropriate national authority”Member’s explanatory statementSee the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
Moved by Lord Gardiner of Kimble
17: Clause 5, page 4, line 34, after “appeal” insert “to the First-tier Tribunal”Member’s explanatory statementThis amendment provides that an appeal against the refusal or revocation of an exemption certificate is to be made to the First-tier Tribunal.
18: Clause 5, page 4, line 36, at end insert-“( ) An appeal under subsection (1)(b) may be on the ground-(a) that the decision was based on an error of fact,(b) that the decision was wrong in law, or(c) that the decision was unreasonable,or on any other grounds that are prescribed by regulations made by the appropriate national authority.( ) On an appeal under subsection (1)(b), the First-tier Tribunal may-(a) confirm the Secretary of State’s decision to refuse or revoke the exemption certificate,(b) require the Secretary of State to issue an exemption certificate, or to cancel the decision to revoke an existing exemption certificate, or(c) remit the decision to refuse or revoke the exemption certificate to the Secretary of State for reconsideration.”Member’s explanatory statementThe subsections inserted by this amendment set out the grounds for an appeal against the refusal or revocation of an exemption certificate, confer power on the appropriate national authority (see the Minister’s amendment of clause 37 at page 22, line 24) to prescribe further grounds in regulations, and set out the actions that the First-tier Tribunal may take on an appeal.
19: Clause 5, page 4, line 37, leave out “Secretary of State” and insert “appropriate national authority” Member’s explanatory statementSee the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
20: Clause 5, page 4, line 37, after “make” insert “further”Member’s explanatory statementThis amendment is consequential on the Minister’s amendment at page 4, line 36.
21: Clause 5, page 4, line 39, leave out subsection (4) and insert-“(4) The Secretary of State may by regulations make provision requiring an appellant to pay a fee of a prescribed amount.”Member’s explanatory statementThe effect of this amendment is to remove paragraphs (a) to (d) of the existing subsection (4) of clause 5. Those paragraphs are no longer necessary because the Minister’s amendment at page 4, line 36 will enable the matters in question to be dealt with by First-tier Tribunal Rules.
Moved by Lord Inglewood
24: Clause 7, page 5, line 15, leave out paragraph (d)Member’s explanatory statementThis amendment removes registration as a precondition of allowed sales of de minimis objects containing ivory.
Ayes 18, Noes 249.
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