Legalize / United Kingdom / Public General Act

Cultural Property (Armed Conflicts) Act 2017

Type Public General Act

Publication 2017-02-23

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Key definitions

“The Convention” and related expressions

1

(1) In this Act—

“the Convention” means the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at the Hague on 14 May 1954;

“the Regulations for the execution of the Convention” means the Regulations for the execution of the Convention for the Protection of Cultural Property in the Event of Armed Conflict;

“the First Protocol” means the Protocol to the Convention, done at the Hague on 14 May 1954;

“the Second Protocol” means the Second Protocol to the Convention, done at the Hague on 26 March 1999.

(2) The text of those instruments is set out in Schedules 1 to 4.

“Cultural property”

2

In this Act “cultural property” has the meaning given in Article 1 of the Convention.

Part 2 — Serious violation of Second Protocol

Offence of serious violation of Second Protocol

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(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

(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,

(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.

Ancillary offences

4

(1) An offence ancillary to an offence under section 3 is capable of being committed in the United Kingdom or elsewhere.

(2) An offence ancillary to an offence under section 3 in respect of an act of a kind described in paragraph 1(a), (b) or (c) of Article 15 of the Second Protocol is capable of being committed by any person, whether a UK national or not.

(3) An offence ancillary to an offence under section 3 in respect of an act done outside the United Kingdom of a kind described in paragraph 1(d) or (e) of Article 15 of the Second Protocol is capable of being committed by a person outside the United Kingdom only if the person is—

(a) a UK national, or

(b) a person subject to UK service jurisdiction.

(4) In the application of this Part to England and Wales, references to an offence that is ancillary to an offence under section 3 are to—

(a) attempting or conspiring to commit that offence, or

(b) an offence under section 4(1) or 5(1) of the Criminal Law Act 1967 (assisting an offender or concealing the commission of an offence) where the relevant offence mentioned there is an offence under section 3 of this Act.

(5) In the application of this Part to Northern Ireland, references to an offence that is ancillary to an offence under section 3 are to—

(a) attempting or conspiring to commit that offence, or

(b) an offence under section 4(1) or 5(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)) (assisting an offender or concealing the commission of an offence) where the relevant offence mentioned there is an offence under section 3 of this Act.

(6) In the application of this Part to Scotland, references to an offence that is ancillary to an offence under section 3 are to—

(a) being art and part in the commission of that offence,

(b) aiding, abetting, counselling, procuring or inciting a person to commit that offence,

(d) perverting, or attempting to pervert, the course of justice in connection with that offence, or

(e) defeating, or attempting to defeat, the ends of justice in connection with that offence.

(7) A reference in this Part to an offence that is ancillary to an offence under section 3 includes a reference to an offence that is ancillary to such an ancillary offence, and so on.

(8) Subsections (4) to (6) apply for the purposes of subsection (7) as if any reference to an offence under section 3 included a reference to an offence that is ancillary to an offence under section 3, and so on.

Responsibility of commanders and other superiors

5

(1) A person described in this section as responsible for a section 3 offence is to be treated as—

(a) aiding, abetting, counselling or procuring the commission of the offence under the laws of England and Wales and Northern Ireland, and

(b) being art and part in the commission of the offence under the law of Scotland.

(2) A military commander is responsible for a section 3 offence committed by forces under the commander's effective command and control if—

(a) the offence is committed as a result of the commander's failure to exercise control properly over those forces,

(b) the commander either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit the offence, and

(c) the commander failed to take all necessary and reasonable measures within the commander's power to prevent or repress the commission of the offence or to submit the matter to the competent authorities for investigation and prosecution.

(3) In subsection (2)—

(a) references to a military commander include a reference to a person effectively acting as a military commander, and

(b) in relation to such a person, the reference to effective command and control is to effective authority and control.

(4) With respect to superior and subordinate relationships not described in subsection (2), a superior is responsible for a section 3 offence committed by a subordinate who is under the superior's effective authority and control if—

(a) the offence is committed as a result of the superior's failure to exercise control properly over the subordinate,

(b) the superior either knew, or consciously disregarded information which clearly indicated, that the subordinate was committing or about to commit the offence,

(d) the superior failed to take all necessary and reasonable measures within the superior's power to prevent or repress the commission of the offence or to submit the matter to the competent authorities for investigation and prosecution.

(5) References in this section to a “section 3 offence” are to—

(a) an offence under section 3, or

(b) an offence ancillary to such an offence.

(6) In interpreting and applying the provisions of this section (which corresponds to article 28 of the Statute of the International Criminal Court done at Rome on 17 July 1998) a court must take account of any relevant judgment or decision of the International Criminal Court.

(7) Nothing in this section affects any criminal liability that arises apart from this section.

Penalties

6

A person guilty of an offence under section 3, or an offence ancillary to such an offence, is liable on conviction on indictment to imprisonment for a term not exceeding 30 years.

Consent to prosecutions

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Proceedings for an offence under section 3, or an offence ancillary to such an offence, may be brought—

(a) in England and Wales, only by or with the consent of the Attorney General;

(b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Part 3 — Cultural emblem

The cultural emblem

8

In this Part “the cultural emblem” means the design shown below, coloured as described in the key.

Offence of unauthorised use

9

(1) It is an offence for a person to use the cultural emblem otherwise than as authorised by section 10, 11 or 12.

(2) In subsection (1) the reference to the cultural emblem includes any other design that so nearly resembles the emblem as to be capable of being mistaken for it.

(3) A person guilty of an offence under this section is liable on summary conviction—

(a) in England and Wales, to a fine;

(b) in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

(4) Proceedings for an offence under this section may be brought—

(a) in England and Wales, only by or with the consent of the Director of Public Prosecutions;

(b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Use authorised by appropriate national authority

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(1) Use of the cultural emblem is authorised by this section if the use is in accordance with permission granted by the appropriate national authority for the part of the United Kingdom in which the use takes place.

(2) But use of the cultural emblem in relation to immoveable cultural property is authorised by this section only if a copy of the permission is displayed alongside the cultural emblem.

(3) Permission under this section—

(a) may be general or specific;

(b) may be withdrawn.

Other authorised use: moveable property

11

(1) Use of the cultural emblem is authorised by this section if the use is for the purpose of identifying moveable cultural property.

(2) Use of three representations of the cultural emblem (in a triangle, with one emblem below) is authorised by this section if the use is for the purpose of identifying cultural property that is undergoing protected transportation.

(3) Cultural property is undergoing protected transportation if it enjoys the protection provided for in Article 12 or 13 of the Convention.

Other authorised use: personnel

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(1) Use of the cultural emblem is authorised by this section if the use is for the purpose of identifying—

(a) a person mentioned in Article 2 or 7 of the Regulations for the execution of the Convention (persons responsible for control), or

(b) a person who is designated for the purpose of this paragraph by any of the appropriate national authorities.

(2) The appropriate national authority for a part of the United Kingdom may designate a person for the purpose of subsection (1)(b) only if the authority believes the person to be engaged in the protection of cultural property in that part of the United Kingdom (but a designation applies for the purposes of subsection (1)(b) even in relation to use of the cultural emblem in other parts of the United Kingdom).

Defences

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(1) If a person is charged with an offence under section 9 by reason of using a design, it is a defence to show that subsection (2), (3) or (4) applies.

(2) This subsection applies if the use of the design is for a purpose for which the accused lawfully used it before this section comes into force.

(3) This subsection applies if—

(a) the design is registered as a trade mark,

(b) the use is in relation to goods or services for which the trade mark is registered,

(d) the use of the design is not an infringement of the trade mark.

(4) This subsection applies if—

(a) the design is used on goods,

(b) the design was applied to the goods before the accused acquired them, and

(5) A person falls within this subsection if the person—

(a) manufactured the goods or dealt with them in the course of trade, and

(b) lawfully used the design in relation to similar goods before this section comes into force.

(6) If there is sufficient evidence before the court to raise an issue with respect to a defence under this section, the court must assume that the defence is made out unless it is proved beyond reasonable doubt that it is not.

Forfeiture following conviction under section 9

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(1) If a person is convicted of an offence under section 9 by reason of using a design on an article, or in connection with an article, the court by which the person is convicted may order the forfeiture of the article.

(2) The court may also make such provision as appears to it to be necessary for giving effect to the forfeiture.

(3) That provision may include, in particular, provision relating to the retention, disposal or destruction of the article.

(4) Provision made under this section may be varied at any time by the court that made it.

“Appropriate national authority”

15

For the purposes of this Part—

(a) the Secretary of State is the appropriate national authority for England;

(b) the Welsh Ministers are the appropriate national authority for Wales;

(d) the Department for Communities in Northern Ireland is the appropriate national authority for Northern Ireland.

Part 4 — Property exported from occupied territory

Definitions

“Unlawfully exported cultural property” etc

16

(1) For the purposes of this Part property is “unlawfully exported cultural property” if—

(a) it has been unlawfully exported from a territory which at the time was occupied by a state that was a party to the First or Second Protocol, or

(b) it has been unlawfully exported from a territory which at the time—

(i) was territory of a state that was a party to the First or Second Protocol, and

(ii) was occupied by another state.

(2) It does not matter whether the property was exported before or after this section comes into force.

(3) For the purposes of this Part exportation of property is “unlawful” if—

(a) it is in contravention of the laws of the territory from which the property is exported, or

(b) it is in contravention of any rule of international law.

(4) A reference in subsection (1) to a state that was a party to the First or Second Protocol is to a state that was a party to the First or Second Protocol at the time of the export.

(5) In determining for the purposes of this Part whether territory is occupied regard must be had to Article 42 of the Regulations respecting the Laws and Customs of War on Land annexed to the Convention respecting the Laws and Customs of War on Land (Hague IV), done at the Hague on 18 October 1907.

(6) If in any proceedings an issue arises as to whether cultural property is unlawfully exported cultural property, a certificate by the Secretary of State is conclusive evidence as to whether, at a particular time, territory was occupied by a party to the First or Second Protocol or by any other state.

Dealing in unlawfully exported cultural property

Offence of dealing in unlawfully exported cultural property

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(1) It is an offence for a person to deal in unlawfully exported cultural property, knowing or having reason to suspect that it has been unlawfully exported.

(2) Subsection (1) does not apply to property imported into the United Kingdom before this section comes into force.

(3) A person deals in unlawfully exported cultural property if (and only if) the person—

(a) acquires or disposes of it in the United Kingdom or imports it into, or exports it from, the United Kingdom,

(b) agrees with another to do an act mentioned in paragraph (a), or

(c) makes arrangements under which another does such an act or under which another agrees with a third person to do such an act.

(4) “Acquires” means buys, hires, borrows or accepts.

(5) “Disposes of” means sells, lets on hire, lends or gives.

(6) A person guilty of an offence under this section in England and Wales is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both).

(7) A person guilty of an offence under this section in Scotland is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both).

(8) A person guilty of an offence under this section in Northern Ireland is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

(9) In relation to an offence committed before 2 May 2022 the reference in subsection (6)(b) to the general limit in a magistrates’ court has effect as a reference to 6 months.

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