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Section Five
Offences about dealing in 'tainted' cultural objects
5.1 Part 4 of the draft Bill is about trading or dealing in 'tainted' cultural objects, like pieces of foreign monuments that have been stolen overseas and smuggled into this country. The draft Bill proposes a specific criminal offence to outlaw these actions in Scotland.
The situation now
5.2 There is already a criminal offence about these activities in the rest of the United Kingdom, which was introduced by the Dealing in Cultural Objects (Offences) Act 2003. The 2003 Act was introduced into the UK Parliament following the report of an Advisory Panel on the Illicit Trade in Cultural Objects, which recommended a specific criminal offence.
5.3 The 2003 Act created a new criminal offence of dishonestly dealing in a cultural object that is tainted, while knowing or believing that the object is tainted. The 2003 Act relates to objects of historical, architectural or archaeological interest, and includes objects that once formed part of a building, or have been removed from a monument, or excavated. Objects are 'tainted' if (after 30 December 2003) they have been excavated or removed and such action constituted a criminal offence at the time, whether in the United Kingdom or in another place. The 2003 Act also included a definition of 'deals in'.
Proposals for change
5.4 The Scottish Ministers agree that the Scottish Parliament should take whatever steps it can to eliminate any trade in tainted cultural objects in Scotland. When the 2003 Act was introduced Ministers decided that they wished to consider this matter as part of the proposed wider Cultural Review. The draft Bill therefore proposes a broadly similar offence in Scotland, and provides for penalties for anyone convicted.
Consultation Questions
5.5 We would be particularly interested in your views on:
- Do you agree that an offence similar to that in the 2003 Act should be introduced in Scotland?
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