Part 5

Property removed for safekeeping

Immunity from seizure or forfeiture
28
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—
  1. an Act of Parliament,
  2. an Act of the Scottish Parliament,
  3. a Measure or Act of the National Assembly for Wales, or
  4. Northern Ireland legislation;
- “secondary legislation” means an instrument made under primary legislation;
- “vehicle” means any form of transport.
S. 28 in force at 12.12.2017 by S.I. 2017/1087, reg. 2