Cultural Property (Armed Conflicts) Bill (HC Bill 66)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Culture, Media and
Sport, are published separately as Bill 66—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Karen Bradley has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:

In my view the provisions of the Cultural Property (Armed Conflicts) Bill [HL] are
compatible with the Convention rights.

Contents

  1. Part 1

    Key definitions

    1. 1. “The Convention” and related expressions

    2. 2. “Cultural property”

  2. Part 2

    Serious violation of Second Protocol

    1. 3. Offence of serious violation of Second Protocol

    2. 4. Ancillary offences

    3. 5. Responsibility of commanders and other superiors

    4. 6. Penalties

    5. 7. Consent to prosecutions

  3. Part 3

    Cultural emblem

    1. 8. The cultural emblem

    2. 9. Offence of unauthorised use

    3. 10. Use authorised by appropriate national authority

    4. 11. Other authorised use: moveable property

    5. 12. Other authorised use: personnel

    6. 13. Defences

    7. 14. Forfeiture following conviction under section 9

    8. 15. “Appropriate national authority”

  4. Part 4

    Property exported from occupied territory

    1. Definitions

      1. 16. “Unlawfully exported cultural property” etc

    2. Dealing in unlawfully exported cultural property

      1. 17. Offence of dealing in unlawfully exported cultural property

      2. 18. Forfeiture in connection with dealing offence

    3. Forfeiture otherwise than in connection with offence

      1. 19. Property liable to forfeiture

      2. 20. Forfeiture order

      3. 21. Compensation

      4. 22. Interim orders

    4. Seizure and retention of property liable to forfeiture

      1. 23. Search and seizure warrants

      2. 24. Retention of property in custody of constable

      3. 25. Notices of seizure or retention

      4. 26. Property in custody of others

      5. 27. Return of property to owner if not forfeited

  5. Part 5

    Property removed for safekeeping

    1. 28. Immunity from seizure or forfeiture

  6. Part 6

    General

    1. 29. Liability of company officers for offences by company

    2. 30. Crown application

    3. 31. Extent

    4. 32. Commencement

    5. 33. Short title

    1. Schedule 1

      Convention

    2. Schedule 2

      Regulations for the execution of the Convention

    3. Schedule 3

      First Protocol

    4. Schedule 4

      Second Protocol