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EnactedCultural Property (Armed Conflicts) Act 2017

Proposed amendments

27 amendments across 15 provisions

Clause 2 1

Amendment #1896#1896WithdrawnAmends text
Amendment text
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”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Stevenson of Balmacara

Clause 3 3

Amendment #1885#1885Not movedAmends text
Amendment text
after “offence” insert “of violation of the Convention or the Second Protocol”
Stage
Committee stage
Type
EditBillBody
Clause
3
The Earl of Clancarty
Amendment #2091#2091WithdrawnAmends text
Amendment text
after “a” insert “serious”
Stage
Committee stage
Type
EditBillBody
Clause
3
The Earl of Clancarty
Amendment #2588#2588WithdrawnAmends text
Amendment text
after “offence” insert “of serious violation of the Second Protocol”
Stage
Report stage
Type
EditBillBody
Clause
3
The Earl of Clancarty

Clause 4 3

Amendment #1902#1902WithdrawnAmends text
Amendment text
leave out paragraphs (a) and (b) and insert—
aiding, abetting, counselling or procuring the commission of that offence,
Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Stevenson of Balmacara
Amendment #1903#1903Not movedAmends text
Amendment text
leave out paragraphs (a) and (b) and insert—
aiding, abetting, counselling or procuring the commission of that offence,
Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Stevenson of Balmacara
Amendment #2658#2658AgreedAmends text
Amendment text
at beginning insert “aiding, abetting, counselling, procuring or”
Stage
Report stage
Type
EditBillBody
Clause
4
Lord Ashton of Hyde

Clause 5 5

Amendment #1904#1904WithdrawnAmends text
Amendment text
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.”
Stage
Committee stage
Type
EditBillBody
Clause
5
Lord Touhig
Amendment #1905#1905Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Military measures

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
5
Lord Touhig
Amendment #1906#1906Not movedAmends text
Amendment text
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).”
Stage
Committee stage
Type
EditBillBody
Clause
5
Lord Touhig
Amendment #1907#1907Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Embedded forces

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
5
Lord Touhig
Amendment #1908#1908Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Private military contractors

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
5
Lord Touhig

Clause 6 2

Amendment #2585#2585WithdrawnAmends text
Amendment text
leave out “, or an offence ancillary to such an offence,”
Stage
Report stage
Type
EditBillBody
Clause
6
Lord Woolf
Amendment #2586#2586Not movedAmends text
Amendment text
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.”
Stage
Report stage
Type
EditBillBody
Clause
6
Lord Woolf

Clause 7 2

Amendment #1910#1910WithdrawnAmends text
Amendment text
at end insert—
in Scotland, only by the Lord Advocate for Scotland.”
Stage
Committee stage
Type
EditBillBody
Clause
7
Lord Stevenson of Balmacara
Amendment #1928#1928WithdrawnNew clause / schedule
Amendment text
Insert the following new Clause—
“Conflicts not of an international character

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
7
Lord Stevenson of Balmacara

Clause 8 1

Amendment #1912#1912WithdrawnAmends text
Amendment text
at end insert—
Where cultural property is in a digital form the cultural emblem may be displayed in a digital format.”
Stage
Committee stage
Type
EditBillBody
Clause
8
Lord Stevenson of Balmacara

Clause 9 1

Amendment #1913#1913Not movedAmends text
Amendment text
at end insert—
in Scotland, only by or with the consent of the Lord Advocate for Scotland.”
Stage
Committee stage
Type
EditBillBody
Clause
9
Lord Stevenson of Balmacara

Clause 10 1

Amendment #1914#1914Not movedAmends text
Amendment text
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.”
Stage
Committee stage
Type
EditBillBody
Clause
10
Lord Stevenson of Balmacara

Clause 14 1

Amendment #1916#1916WithdrawnAmends text
Amendment text
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.”
Stage
Committee stage
Type
EditBillBody
Clause
14
Lord Stevenson of Balmacara

Clause 16 1

Amendment #1943#1943WithdrawnAmends text
Amendment text
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.
Stage
Committee stage
Type
EditBillBody
Clause
16
The Earl of Kinnoull

Clause 17 2

Amendment #1777#1777Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Unlawfully exported cultural property: duty to provide information

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
17
The Earl of Clancarty
Amendment #1917#1917WithdrawnAmends text
Amendment text
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.”
Stage
Committee stage
Type
EditBillBody
Clause
17
Lord Stevenson of Balmacara

Clause 18 1

Amendment #1918#1918Not movedAmends text
Amendment text
at end insert “provided it is in response to new evidence”
Stage
Committee stage
Type
EditBillBody
Clause
18
Lord Stevenson of Balmacara

Clause 23 1

Amendment #2573#2573WithdrawnAmends text
Amendment text
at end insert—
For the avoidance of doubt, a warrant under this section may not be issued in respect of the Parliamentary Estate.”
Stage
Report stage
Type
EditBillBody
Clause
23
Lord Stevenson of Balmacara

Clause 28 2

Amendment #2574#2574Not movedRemoves provision
Amendment text
Leave out Clause 28
Stage
Report stage
Type
DeleteClauseOrSchedule
Clause
28
Lord Stevenson of Balmacara
Amendment #2587#2587WithdrawnAmends text
Amendment text
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
Stage
Report stage
Type
EditBillBody
Clause
28
Lord Woolf