Part 4: Property exported from occupied territory Sections 19-27: Forfeiture otherwise than in connection with offence and seizure and retention of property liable to forfeiture.
These sections make provision for the forfeiture of cultural property otherwise than in connection with an offence. As with the forfeiture provision under section 18, these provisions are required in order for the United Kingdom to comply with its obligation to take into its custody cultural property imported into its territory either directly or indirectly from any occupied territory (see paragraph 2 of the First Protocol).
	Unlawfully exported cultural property is liable to forfeiture, provided that it has been imported into the United Kingdom after section 19 comes into force. Forfeiture orders can only be made if an application is made to the Court within four months of the day on which either the property is seized under section 23, or an order made for the retention of the property under section 24 – see section 27(1)(d).
	Section 21 provides that a court may decide to make a forfeiture order under section 20 conditional on compensation being paid. This enables the court to protect the interests of a person who acquires cultural property in good faith not knowing that it was unlawfully exported from occupied territory. The court does not have power to order the payment of compensation itself. Parties to the First Protocol are obliged to prevent export of cultural property from territory that they occupy during armed conflict and to return cultural property which is exported. In order to secure the return of unlawfully exported property, the Party which was in occupation is obliged to pay an indemnity to the holders in good faith of any cultural property (see paragraph 4 of the First Protocol). Compensation may be paid by the authorities which are seeking the return of the cultural property in question, or by the Secretary of State. If the compensation due has not been paid within four months of the date on which the forfeiture order was made, the order ceases to have any effect.
	Section 22 gives the court power to make an interim order for the safekeeping of property which is or may be the subject of an application for a forfeiture order under section 20. For example, where cultural property is in a fragile condition and requires work to stabilise it, the court would be able to order that it should be transferred to the custody of a museum for the necessary conservation work to be carried out.
	Section 23 ensures that the police may apply to a justice of the peace, in England and Wales8, for a warrant authorising a constable to enter the premises identified in the warrant in order to search for cultural property which has been unlawfully exported from an occupied territory and, where such property is discovered as a result of the search, to seize it. The police must be able to demonstrate to the justice of the peace that there are reasonable grounds for believing that such cultural property is situated in the premises in question. The issue of a warrant under this section is, in England and Wales9, subject to the safeguards set out in section 15 of the Police and Criminal Evidence Act 1984, and must be executed in accordance with the requirements in section 16 of that Act. Subsection (3) provides that someone exercising a power under such a warrant has authority to use reasonable force where this is necessary, for example, to gain access to the premises in question, or to open locked storage space. Subsection (9) has the effect that the additional powers of seizure from premises provided under section 50 of the Criminal Justice and Police Act 2001 will be exercisable in relation to the powers of seizure in this section.
	Once cultural property has been seized under this provision, it must be retained by the police until either a forfeiture order is made under section 20 or the property is returned or disposed of in accordance with section 27.
	Section 24 gives a justice of the peace (or their equivalent in Scotland or Northern Ireland) the power to authorise the continued retention of property which was originally seized in connection with the investigation or prosecution of the offence of dealing in unlawfully exported cultural property, on the application of a constable. This may happen, for example, where cultural property was originally seized as evidence in relation to an offence of dealing in unlawfully exported cultural property, but either it is decided that no criminal proceedings should be brought, or any criminal proceedings brought result in the acquittal of the accused, so that the power under which the police originally seized that property no longer applies.
	Under subsection (2), once retention of the property has been authorised, it must be retained by the police until either the property is forfeited under section 20 or the property is returned or disposed of in accordance with section 27. An order for continued retention may only be made if the justice of the peace is satisfied that there are reasonable grounds for suspecting that the property may be liable to forfeiture under section 19 (see subsection (3)). Property is liable to forfeiture under that section where it is cultural property within the meaning of the Convention, it has been unlawfully exported from occupied territory, and it was imported into the United Kingdom after the commencement of section 19.
	Subsection (6) states that the Police (Property) Act 1897, and the related Act under the law of Northern Ireland, which make provision with respect to the disposal of property in the possession of the police, do not apply to property retained under section 24(5).
	Sections 23(5) and 24(4) oblige the person who has custody of property which has been seized or retained to give notice to the owner (unless the property was seized in the presence of the owner or his employee/agent (see section 23(6)). Section 25 further provides that notices must be in writing and set out grounds for seizure/retention. Section 25(2) and (3) explain how notice is to be given.
	Section 26 deals with property seized in connection with investigation or prosecution of the "dealing" offence under section 17 which is not being held by the police. An example of this scenario would be if an object had been sent to a museum for expert advice on its provenance. Once the object is no longer needed for the investigation or prosecution of the section 17 offence, it must be transferred to a constable as soon as is reasonably practicable (see subsection (2)). The police can then make an application to retain the property pending forfeiture or return or disposal.
	Section 27 imposes a duty on the person who has custody of cultural property which has been seized to return it to the owner, as soon as reasonably practicable, once forfeiture is no longer being pursued. However if it has not been reasonably practicable to return the cultural property to its owner within a period of twelve months, then the person who has custody may dispose of it as they think appropriate.