Other exemptions Section 9: Acquisition of items by qualifying museums
This section provides for an exemption to the prohibition for sales to and between qualifying museums. All dealings undertaken in compliance with this exemption must also be compliant with international and domestic laws on trade in endangered species, as defined under CITES and the EU Wildlife Trade Regulations.
	The exemption only applies in cases where both of the following conditions are satisfied:
the museum must be a qualifying museum, as provided for in subsection (3); and
the form of dealing to be undertaken must be included in the activities in subsection (1).
	Subsection (1) sets out that the following dealing activities are permitted under this exemption:
Sale to a qualifying museum:a sale may be carried out by a private individual, group of individuals or an organisation, as long as the sale is to a qualifying museum. The seller could therefore be another museum, including a non-qualifying museum (see definition in subsection (3)), or an individual.
Purchase or hire by a qualifying museum: a qualifying museum may purchase an ivory item from a seller, as outlined above, or hire an ivory item.
Dealing which allows a sale to or purchase or hire by a qualifying museum: any activity that facilitates dealing to or by a qualifying museum, as defined in subsection (1)(a). This would, for example, include written or verbal offers made to a museum to offer an item for sale or hire at a particular price.
	As set out in subsection (2), the ivory item subject to dealing with a qualifying museum must satisfy one of the following conditions with regards to the seller:
the ivory item is being sold or hired by another qualifying museum; or
if it is being sold by any other individual, group of individuals or organisations to a qualifying museum, it must be registered under Section 10.
	Under this exemption ivory can only be sold to or purchased or hired by a "qualifying museum". This is defined as a museum that at the time of the relevant dealing was accredited by or on behalf of one of the following:
for museums in England, the Channel Island or the Isle of Man, the Arts Council England;
for museums in Wales, the Welsh Government;
for museums in Scotland, the Scottish Ministers;
for museums in Northern Ireland, the Northern Ireland Museums Council; or
for museums elsewhere, the museum is an member of the International Council of Museums (ICOM)2.A sale or purchase to or from an ICOM member would involve the export or import of ivory from the UK meaning the transaction must also comply with existing EU Wildlife Trade Regulations.
	If a museum meets either of the two criteria of subsection (3), it would be considered to be a ‘qualifying museum’ and therefore may purchase or hire ivory, subject to subsections (1) and (2).
	Subsection (4) provides a power for an appropriate national authority to make consequential changes to the list of organisations listed in subsection (3). This power would only be applicable in the instance whereby a listed organisation undergoes a change of name or the responsibility of accrediting museums is transferred to another organisation. This would ensure that the legislation is kept up to date subject to such changes.