Overview of the Act
The Act is divided into six Parts and contains four Schedules. These Parts are as follows:
Part 1: sets out key definitions.
Part 2: incorporates into domestic law the offence created by Article 15 of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the event of Armed Conflict ("the Convention"), makes provision in relation to ancillary offences and extends criminal liability to commanders and superiors who fail to prevent the commission of an offence in certain circumstances.
Part 3: prohibits the unauthorised use of the cultural emblem, the symbol created by the Convention to identify cultural property which is protected. The Act makes it an offence to use the emblem otherwise than as authorised by, or under the Act. It identifies authorised uses of the emblem, and gives the appropriate national authority power to designate further authorised uses.
Part 4: makes provision in relation to cultural property which has been unlawfully exported from an occupied territory. It creates a new offence of dealing in such cultural property, and makes further provision in relation to that offence, providing for the forfeiture of the cultural property concerned. Further, it provides powers of search and seizure if there are reasonable grounds for suspecting that unlawfully exported cultural property may be found at a premises. It provides for the retention of such cultural property so that it may be returned to the competent authorities of the territory previously occupied at the close of hostilities, in fulfilment of the United Kingdom’s obligation under the First Protocol to the Convention.
Part 5: provides immunity from seizure or forfeiture of cultural property which is entitled to special protection under Article 12 of the Convention because it is being transported to the United Kingdom, or through the United Kingdom to another destination, for safekeeping during a period of armed conflict.
Part 6: sets out general provisions.
The Act also contains four Schedules. These are:
Schedule 1: 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.
Schedule 2: Regulations for the Execution of the Convention
Schedule 3: First Protocol to the Convention.
Schedule 4: Second Protocol to the Convention.