My Lords, my noble friend Lord Cormack’s amendment aims to enable a person who inherits a registered ivory item from a relative also to inherit the title to that registration. Self-registrations for items meeting the de minimis, musical instruments or portrait miniatures exemptions, or for items to be sold to an accredited museum, are in the name of the owner. If a new owner subsequently wishes to deal in that item, or wants to ensure that it is registered as exempt for any other reason, he or she must register it online in their name. A person inheriting a registered ivory item would assume the responsibilities of ownership of that piece, including the decision whether to register it in their name, in line with their specific circumstances. If a person inheriting or taking possession of an ivory item is unsure whether it is registered, this would not affect their rights or responsibilities as the new owner. Because the registration is associated with the individual, it therefore falls to the person inheriting the piece, as the new owner, to register the item if they wish to undertake dealing in it. I repeat: if they wish to undertake dealing in it.
The Government are working closely with interested parties to develop an online self-registration system for ivory items that will be quick and simple to use and meet the needs of all users. I also reassure noble Lords that an offline system will also be made available to cover the points that have been raised in other amendments. Of course—I emphasise this to my noble friend—for items under the rarest and most important items of their type, the exemption certificate remains with the item when it is passed to a subsequent owner. That is the distinction.
I turn to my noble friend Lord Carrington’s amendment concerning ivory items passing through probate. This is an important issue and I can reassure your Lordships that the Bill will not impact on, or cause additional burden to, those involved in such situations. The ivory ban does not affect one’s right to bequeath or inherit any ivory item, regardless of whether it meets an exemption, is registered or is certified. An ivory item may therefore be bequeathed without requiring registration by either the person inheriting the item or the executors of the estate.
The matter of inheritance tax has been clarified in your Lordships House before and I am happy to do so again for the record. Her Majesty’s Revenue and Customs confirms that ivory items will be considered to have nil value on the open market for inheritance tax purposes unless that item has been registered or certified as exempt. Items registered or certified as exempt will be assessed against their market value in the normal way and may therefore be subject to inheritance tax. With this explanation, I hope that my noble friend can withdraw his amendment.