Commentary on Sections: Part 6
Section 135: Effect of protection
624.Section 135 defines the effect of the protection and sets out the limited circumstances under which it is not available.
625.Subsection (1) ensures that where seizure or forfeiture of an object is required to enable the UK to comply with its obligations under EU or international law, the object concerned will not be protected. This could apply where, for example, the court is asked to enforce an order for the seizure of an object made by the courts of another country to confiscate proceeds of crime.
626.Subsection (2) ensures that the protection given to an object loaned to an exhibition does not give any protection from prosecution to those dealing with the object, where the dealing in question constitutes an offence.
627.Subsection (3) clarifies the extent of the protection which will be given to objects under this Act. It includes immunity against all forms of execution which might be made against an object protected under the Act, 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. The protection given is intended to exclude any form of seizure or detention of an object lent to an exhibition in this country whether by a claimant to the object, a creditor or by law enforcement authorities.
