As opposed to the illicit activities the Dealing in Cultural Objects (Offences) ACT 2003 provides protection of the nation’s heritage and others brought into the country. It was created after the ‘Parry case [170] ’ and the discovery of a loophole in the Theft (Amendment) Act 1996 and the previous Acts that it refers to. There is clear definition to the term dealing that includes ‘acquires, disposes of, imports or exports it being associated in some form or another’. [xxvi] The definition of objects its origins as stated within the Act. However there is not a clear indication of the importance or the value of the object, or clarification of the objects for the layman. [171]
‘Money Laundering.......
People stare at you quizzically, if not blankly when these words are used in the context of our professional role in the arts and antiques.
" I've never come across it............it doesn't really affect me."
" I don't sell or value things for millions of pounds and I've not heard of any-one else who has even recognised, let alone encountered this activity. I don't think there is any more I can do than I do at present."
"And another thing, why should we have to police our market place, when the Police are supposed to do that ?"’ [172]
The above opening words from a high net worth loss adjuster reflect a number of comments received in informal interviews with Auctioneers and Dealers. Mr Dalrymple is one of the joint founders of ‘Copat’ and is still on the main committee. This organisation designed to introduce some self-regulation has attempted to make the market aware of the various Acts of Parliament, EC Directives and laws that have been suggested and some successfully implemented or past as English law.
Though the regulations cover a number of different business transaction types the following are the sections that refer to the sale of second hand goods and others.
Statutory Instrument 2003 No. 3075
‘(2) These Regulations come into force -
(a)
for the purposes of regulation 10 in so far as it relates to a person who acts
as a high value dealer, on 1st April 2004;”
Interpretation
2. - (1) In these Regulations -
"the 2000 Act" means the Financial Services and Markets Act 2000;
"applicant for business" means a person seeking to form a business relationship, or carry out a one-off transaction, with another person acting in the course of relevant business carried on by that other person in the United Kingdom;
"applicant for registration" means an applicant for registration as a money service operator, or as a high value dealer;
"the appropriate judicial authority" means -
(a) in England and Wales, a magistrates'
court,
(b) in Scotland, the sheriff,
(c) in Northern Ireland, a court of summary jurisdiction;
(n) the activity of dealing in goods of any description by way of business (including dealing as an auctioneer) whenever a transaction involves accepting a total cash payment of 15,000 euro or more.’
This Statutory Instrument replaces a previous version of similar law. There is continuing reference to previous directives and statutes that were in place and leads to some confusion to the various limits and the subject matter or business that it applies to. To clarify these issue the HM Treasury were contacted with a number of points, the original question and result are contained in the appendix [xxvii] .
The Kent [173] (County Council) and Medway (Council) bill was placed to provide a trace for items from burglary. This private bill that is a localised law appears to have lost its listings in government and even in the Kent area. The bill dealt with a number of issues that have been highlighted within the second hand goods market.
‘It used to be the case that a purchaser can derive a good
title if the purchase was made on a market overt. However, this rule was abolished by the Sale
of Goods (Amendment) Act 1994. Any purchase
made on a market overt after 3 January 1995 would not be protected by the rule.
Caveat emptor (let the buyer beware) remains the most fundamental principle
in any sale transaction whatever the value.
Section 12 of the Sale of Goods Act 1979 inserts an implied title warranty
into consumer sale contracts, i.e. sales made by sellers in their course business
to private individuals. Under s.12,
the seller is deemed to have the right to sell the chattel.
There is also an implied warranty that the chattel will be free of charge
and encumbrance unless they are disclosed to the buyer before the contract is
made.’
[174]
Market overt has now been removed
as an option to provide good title by the Sale
of Goods (Amendment) Act 1994
[175]
. This was driven by CoPAT and a private members bill
put forward by Lord Renton
[176]
.
The issue of title exchange is not only within the British Isles. The
Holocaust and restitution of cultural property crosses International boundaries
including objects held in good faith by institutions and museums.
[177]