Part 5: Property removed for safekeeping Section 28: Immunity from seizure or forfeiture
Under Article 14 of the Convention, the United Kingdom is required to grant immunity from seizure to any cultural property which enjoys special protection under Article 12 of the Convention. Article 12 applies to cultural property which is being transported for safekeeping. The means of transport for cultural property which enjoys special protection must also enjoy immunity of seizure. Section 28 of the Act implements the United Kingdom’s obligations under Article 14 of the Convention to ensure that such cultural property may not be seized or forfeited while it is in the United Kingdom.
	As subsections (3) and (4) make clear, the immunity applies both to cultural property which is being transported to the United Kingdom, and to cultural property which is in transit through the United Kingdom en route to another destination for safekeeping. In the case of cultural property which is being transported to the United Kingdom, for which the United Kingdom has agreed to act as depositary (i.e. accepting the obligations to safeguard the property under Article 18 of the Regulations for the Execution of the Convention), subsection (5) provides that the cultural property is protected while it remains in the custody of the Secretary of State, or any other person or institution which has been made responsible for its safekeeping by the Secretary of State. If the cultural property leaves the custody of such an institution, for example if it is stolen, it is no longer protected, and may be seized by the police so that it can be returned to the institution in question.
	Subsection (7) ensures that the same protection applies to any vehicle which is being used to transport cultural property protected under Article 12 of the Convention.
	Subsection (8) sets out the extent of the protection which will be given to objects under this section. It includes immunity against all forms of execution which might be made against an object protected under the section, any order made in civil proceedings and any measure taken in criminal proceedings (or for the purposes of a criminal investigation) which might affect the control or custody of an object.