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EnactedRoyal Assentc. 6

Cultural Property (Armed Conflicts) Act 2017

This bill became lawView the statute on acthub →c. 6 · 23 Feb 2017

Bill texts 3

  • HL Bill 3 (as introduced)Bill · 19 May 2016download soon
  • HL Bill 60 (as amended on Report)Bill · 06 Sept 2016download soon
  • Bill 66 2016-17, as brought from the LordsBill · 13 Sept 2016download soon

Amendments 27

Committee stage — Lords 20

NotMovedClause 17AddClauseOrSchedule

Insert the following new Clause— “Unlawfully exported cultural property: duty to provide information

Moved: The Earl of ClancartySponsor: Lord Redesdale, Baroness Bonham-Carter of Yarnbury#1777
NotMovedClause 3EditBillBody

after “offence” insert “of violation of the Convention or the Second Protocol”

Moved: The Earl of ClancartySponsor: Lord Stevenson of Balmacara#1885
WithdrawnClause 2EditBillBody

at end insert “and, consistent with this definition, “cultural property” shall be interpreted in the widest sense in order to reflect the understanding of cultural property in the modern age”

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#1896
WithdrawnClause 4EditBillBody

leave out paragraphs (a) and (b) and insert— aiding, abetting, counselling or procuring the commission of that offence,

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#1902
NotMovedClause 4EditBillBody

leave out paragraphs (a) and (b) and insert— aiding, abetting, counselling or procuring the commission of that offence,

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#1903
WithdrawnClause 5EditBillBody

at end insert— The Secretary of State shall ensure that the military guidance in this section is reflected in the Joint Service Manual of the Law of Armed Conflict.”

Moved: Lord TouhigSponsor: Lord Stevenson of Balmacara#1904
NotMovedClause 5AddClauseOrSchedule

Insert the following new Clause— “Military measures

Moved: Lord TouhigSponsor: Lord Stevenson of Balmacara#1905
NotMovedClause 5EditBillBody

at end insert— Once in each year after the coming into force of this section, the Secretary of State must lay before Parliament a list of all ranking military commanders who are responsible for a section 3 offence committed by forces under the commander’s effective command, under subsection (2).”

Moved: Lord TouhigSponsor: Lord Stevenson of Balmacara#1906
NotMovedClause 5AddClauseOrSchedule

Insert the following new Clause— “Embedded forces

Moved: Lord TouhigSponsor: Lord Stevenson of Balmacara#1907
NotMovedClause 5AddClauseOrSchedule

Insert the following new Clause— “Private military contractors

Moved: Lord TouhigSponsor: Lord Stevenson of Balmacara#1908
WithdrawnClause 7EditBillBody

at end insert— in Scotland, only by the Lord Advocate for Scotland.”

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#1910
WithdrawnClause 8EditBillBody

at end insert— Where cultural property is in a digital form the cultural emblem may be displayed in a digital format.”

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#1912
NotMovedClause 9EditBillBody

at end insert— in Scotland, only by or with the consent of the Lord Advocate for Scotland.”

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#1913
NotMovedClause 10EditBillBody

at end insert— At the end of the period of one year following the passing of this Act, the Secretary of State must prepare and publish a report outlining the criteria that will be used by the appropriate national authority to grant permission of use of the cultural emblem.”

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#1914
WithdrawnClause 14EditBillBody

at end insert— The court may not order the destruction of an article unless expert evidence has been presented to the court giving permission to do so.”

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#1916
WithdrawnClause 17EditBillBody

at end insert— Cultural property for sale originating from war zones or areas of conflict shall require those responsible for the sale to assume that an item has been unlawfully exported and take all necessary steps accordingly.”

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#1917
NotMovedClause 18EditBillBody

at end insert “provided it is in response to new evidence”

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#1918
WithdrawnClause 7AddClauseOrSchedule

Insert the following new Clause— “Conflicts not of an international character

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#1928
WithdrawnClause 16EditBillBody

at end insert— The Secretary of State may by regulations made by statutory instrument specify what reasonable procedures must be followed in order to establish whether any object is unlawfully exported cultural property.

Moved: The Earl of Kinnoull#1943
WithdrawnClause 3EditBillBody

after “a” insert “serious”

Moved: The Earl of ClancartySponsor: Lord Stevenson of Balmacara#2091

Report stage — Lords 7

WithdrawnClause 23EditBillBody

at end insert— For the avoidance of doubt, a warrant under this section may not be issued in respect of the Parliamentary Estate.”

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#2573
NotMovedClause 28DeleteClauseOrSchedule

Leave out Clause 28

Moved: Lord Stevenson of BalmacaraSponsor: Lord Collins of Highbury#2574
WithdrawnClause 6EditBillBody

leave out “, or an offence ancillary to such an offence,”

Moved: Lord WoolfSponsor: Lord Brown of Eaton-under-Heywood, Baroness Hamwee#2585
NotMovedClause 6EditBillBody

at end insert— A person guilty of an offence ancillary to an offence under section 3 is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.”

Moved: Lord WoolfSponsor: Lord Brown of Eaton-under-Heywood, Baroness Hamwee#2586
WithdrawnClause 28EditBillBody

leave out “legislation or rule of law” and insert “enactment or rule of law, unless— it is seized or forfeited under or by virtue of an order made by a court in the United Kingdom, and

Moved: Lord WoolfSponsor: Lord Brown of Eaton-under-Heywood, Baroness Hamwee#2587
WithdrawnClause 3EditBillBody

after “offence” insert “of serious violation of the Second Protocol”

Moved: The Earl of ClancartySponsor: Lord Stevenson of Balmacara#2588
AgreedClause 4EditBillBody

at beginning insert “aiding, abetting, counselling, procuring or”

Moved: Lord Ashton of Hyde#2658