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Cultural Property (Armed Conflicts) Act 2017

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This is the original version (as it was originally enacted).

3Offence of serious violation of Second Protocol

This section has no associated Explanatory Notes

(1)A person commits an offence if—

(a)the person does an intentional act of a kind described in any of sub-paragraphs (a) to (e) of paragraph 1 of Article 15 of the Second Protocol,

(b)the act is a violation of the Convention or the Second Protocol, and

(c)the person knows that the property to which the act relates is cultural property.

(2)It does not matter whether the act is done in the United Kingdom or elsewhere.

(3)If the act is of a kind described in paragraph 1(a), (b) or (c) of Article 15 of the Second Protocol it does not matter whether the person is a UK national.

(4)If the act is of a kind described in paragraph 1(d) or (e) of that Article and is done outside the United Kingdom an offence is committed only if the person is—

(a)a UK national, or

(b)a person subject to UK service jurisdiction.

(5)In this Part “UK national” means—

(a)a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas Citizen,

(b)a person who under the British Nationality Act 1981 is a British subject,

(c)a British protected person within the meaning of that Act, or

(d)a body incorporated under the law of any part of the United Kingdom.

(6)In this Part “person subject to UK service jurisdiction” means—

(a)a person subject to service law within the meaning of the Armed Forces Act 2006, or

(b)a civilian subject to service discipline within the meaning of that Act.

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