OpenLegislation

Section 17 Offence of dealing in unlawfully exported cultural propertyI1

(1)

It is an offence for a person to deal in unlawfully exported cultural property, knowing or having reason to suspect that it has been unlawfully exported.

(2)

Subsection (1) does not apply to property imported into the United Kingdom before this section comes into force.

(3)

A person deals in unlawfully exported cultural property if (and only if) the person—

(a)

acquires or disposes of it in the United Kingdom or imports it into, or exports it from, the United Kingdom,

(b)

agrees with another to do an act mentioned in paragraph (a), or

(c)

makes arrangements under which another does such an act or under which another agrees with a third person to do such an act.

(4)

“Acquires” means buys, hires, borrows or accepts.

(5)

“Disposes of” means sells, lets on hire, lends or gives.

(6)

A person guilty of an offence under this section in England and Wales is liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b)

on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court or a fine (or both).

(7)

A person guilty of an offence under this section in Scotland is liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b)

on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both).

(8)

A person guilty of an offence under this section in Northern Ireland is liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both);

(b)

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

(9)

In relation to an offence committed before F22 May 2022 the reference in subsection (6)(b) to F3the general limit in a magistrates’ court has effect as a reference to 6 months.

Annotations

Textual amendments

F1

Words in s. 17(6)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

F2

Words in s. 17(9) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

F3

Words in s. 17(9) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

Commencement

I1

S. 17 in force at 12.12.2017 by S.I. 2017/1087, reg. 2