Part 2

Serious violation of Second Protocol

Offence of serious violation of Second Protocol
3
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.
S. 3 in force at 12.12.2017 by S.I. 2017/1087, reg. 2