Cultural Property (Armed Conflicts) Act 2017

Part 5 Property removed for safekeeping

28 Immunity from seizure or forfeiture

(1) While a thing is protected under this section it may not be seized or forfeited under any legislation or rule of law.

(2) Protection under this section does not affect any other civil or criminal liability that a person may incur in relation to the thing.

(3) Cultural property that is being transported from outside the United Kingdom to a place within the United Kingdom is protected under this section if it enjoys the protection provided for in Article 12 of the Convention.

(4) Cultural property that is in transit through the United Kingdom is protected under this section if it enjoys the protection provided for in Article 12 of the Convention.

(5) Cultural property for which the United Kingdom is depositary is protected under this section if it is under the control of the Secretary of State or a person to whom the Secretary of State has entrusted its safekeeping.

(6) The United Kingdom is depositary for cultural property in the circumstances provided for by Article 18 of the Regulations for the execution of the Convention.

(7) A vehicle is protected under this section if it is transporting cultural property to which subsection (3) or (4) applies.

(8) The reference in subsection (1) to seizure or forfeiture of a thing includes a reference to—

(a) taking control of the thing under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007;

(b) execution or distress (in England and Wales or Northern Ireland);

(c) diligence or sequestration (in Scotland);

(d) seizure, confiscation or forfeiture, or any other measure relating to the custody or control of the thing, in the course of a criminal investigation or criminal proceedings;

(e) the making or enforcement of an order relating to the custody or control of the thing in civil proceedings.

(9) In this section—

• “legislation” means primary or secondary legislation;

• “primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, or

  (d)

  Northern Ireland legislation;

• “secondary legislation” means an instrument made under primary legislation;

• “vehicle” means any form of transport.