Part of Ivory Bill – in a Public Bill Committee at 3:00 pm on 14 June 2018.
The clause is largely technical; it provides further information on the registration process and ensures that the Secretary of State has the necessary levers to ensure that the process works effectively and is not open to abuse or misuse. Subsection (1) ensures that the registration of an item would cease to be valid as soon as its owner changes. Unlike the exemption certificate issued for items under the rarest and most important category, registration allows the current owner either to sell their item or to engage in other forms of dealing that do not result in change of ownership, such as hiring the item. The registration is therefore associated with the individual and is valid for a single change of ownership. It is different from certification.
The owner must register an item in order to carry out dealings but does not need to register an item each time a commercial dealing is undertaken, as long as the owner does not change. For example, if the owner wishes to hire the item multiple times, they complete a single registration for the item to be subject to hire. If the owner changes, however, the registration becomes invalid and the item must be registered by the new owner before they can carry out any dealing. This applies to individuals and organisations.
Subsection (2) sets out that once the owner registers an item under clause 10, they have a responsibility to ensure that the information recorded in the registration process remains complete and accurate. As such, if the owner becomes aware that information included in the application is inaccurate or incomplete, or if any information becomes invalid or changes, they must notify the Secretary of State and provide the required information to address the issue. That could be, for example, because the item is damaged or otherwise altered at some time after registration but before dealing, or if the owner, having completed the registration process, subsequently becomes aware of some fact that might invalidate the registration. If an owner were found to be in possession of such information and had not informed the Secretary of State, they could be found to be in breach of the provision.
Subsection (3) allows the Secretary of State to cancel exemption registration, meaning that dealing in the item concerned would be prohibited. This is where the Secretary of State believes that the registered item does not meet the exemption conditions declared by the owner, considers the registration to be void because the owner of the item has changed since registration, or is of the view that the owner has failed to notify them in order to address any incomplete or inaccurate information relevant to the registration. The Secretary of State may become aware of any of those reasons as a result of compliance and enforcement activity undertaken by the Secretary of State, the regulator or the police. Such activity could include spot checks of the registration database or checks on goods subject to commercial dealing—for example, sale in shops, auction houses or online sales websites.
Subsection (4) allows the Secretary of State to add or alter information on the registration if the registration information is or becomes inaccurate or incomplete. That will be applied primarily when the owner has notified the Secretary of State of a change in information.
Subsection (5) allows the Secretary of State to ask applicants when registering an item, or once registration is complete, to provide information in a specific form or manner, as outlined in guidance. For example, that could ensure that an owner who does not complete the online registration process correctly in the first instance is given the chance to do so correctly, rather than the registration being rejected.
Subsection (6) clarifies the meaning of terms used in the clause, including with reference to other clauses in the Bill.