Preamble.                                                                                WHEREAS as the law now stands great delays may be used by sheriffs, gaolers, and other officers to whose custody any of the King's subjects may be committed for criminal or supposed criminal matters, in making return of writs of habeas corpus to them directed, by standing out an alias and pluries habeas corpus and sometimes more, and by other shifts to avoid their yielding obedience to such writs, contrary to their duty and the known laws of the land, whereby many of the King's subjects may be long detained in prison, in such cases where by law they are bailable, to their great charges and vexation: for the prevention whereof, and the more speedy relief of all persons in prison for any such criminal or supposed criminal matters, be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, That whenever any person or persons shall bring any habeas corpus directed to any sheriff or sheriffs, gaoler, minister, or other person whatsoever, for any person in his or their custody, and the said writ shall be served on the said officer or left at the gaol or prison with any of the under-officers, under-keepers, or deputy of the said officers or keepers, that the said officer or officers, his or their under officers, under keepers, or deputies, shall within three days after the service thereof as aforesaid, (unless the commitment aforesaid were for treason or felony, plainly and specially expressed in the warrant of commitment) upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the judge or court that awarded the same, and endorsed upon the said writ, not exceeding six pence per mile, and upon security given by his own bond to pay the charges of carrying back the prisoner if he shall be remanded by the court or Judges, to which he shall be brought, according to the true intent and meaning of this act, and that he will not make any escape by the way, make return of such writ, and bring or cause to be brought the body of the party so committed or restrained unto, or before the lord chancellor or lord keeper of the great seal of Ireland for the time being, or the judges or barons of the said court from whence the said writ shall issue, or unto or before such other person and persons before whom the said writ is made returnable, according to the command thereof, and shall then likewise certify the true causes of his detainer or imprisonment, unless the commitment of the said party be in any place beyond the distance of twenty miles from the place or places where such court or person is or shall be residing, and if beyond the distance of twenty miles, and not above one hundred miles, then within the space of ten days, and if beyond the distance of one hundred miles then within the space of twenty days after such the delivery aforesaid, and not longer.

Any person bringing H. C. directed to any sheriff, &c. for any person in their custody,
sheriff, gaoler, &c. 3 days after service of said H. C. (except committed for treason) on security given, and tender of expences of removing and returning said prisoner if remanded, make return of said writ, and bring up the body,
and certify cause of imprisonment.
Writs of H. C. how marked.                                                                                II. And to the end that no sheriff, gaoler, or other officer may pretend ignorance of the import of any such writ, be it enacted by the authority aforesaid, That all such writs shall be marked in this manner by the statute of the twenty second year of the reign of King George the third, and shall be signed by the person that awards the same; and if any person or persons shall be or stand committed or detained as aforesaid for any crime, unless for felony or treason, plainly expressed in the warrant of commitment in the vacation time and out of term, it shall and may be lawful to and for the person or persons so committed or detained, (other than persons convict or in execution by legal process) or any one in his or their behalf, to appeal or complain to the lord chancellor, or lord keeper, or any one of his Majesty's justices, either of the one bench or the other, or the barons of the Exchequer; and the said lord chancellor, lord keeper, justices, or barons, or any of them, upon view of the copy or copies of the warrant or warrants of commitment and detainer, or otherwise upon oath made that such copy or copies were denied to be given by such person or persons in whose custody the prisoner or prisoners is or are detained, are hereby authorized and required, upon request made in writing by such person or persons, or any one on his, her, or their behalf attested and subscribed by two witnesses who were present at the delivery of the same, to award and grant an habeas corpus under the seal of such court whereof he shall then be one of the judges, to be directed to the officer or officers in whose custody the party so committed or detained shall be returnable immediately before the said lord chancellor, or lord keeper, or such justice, baron, or any other justice or baron of any of the said courts, and upon service thereof as aforesaid, the officer or officers, his or their under-officer or under-officers, under-keeper or under-keepers, or deputy, in whose custody the party is so committed or detained, shall, within the times respectively before limited, bring such prisoner or prisoners before the said lord chancellor or lord keeper, or such justices, barons, or one of them before whom the said writ is made returnable; and in case of his absence before any other of them, with the return of such writ, and the true causes of the commitment and detainer, and thereupon within two days after the party shall be brought before them, the said lord chancellor or lord keeper, or such justice or baron before whom the prisoner shall be brought as aforesaid, shall discharge the said prisoner from his imprisonment, taking his or their recognizance, with one or more surety or sureties, in any sum according to their discretions, having regard to the quality of the prisoner and nature of the offence, for his or their appearance in the court of King's bench the term following, or at the next assizes, sessions, or general gaol-delivery of and for such county, city, or place where the commitment was, or where the offence was committed, or in such other court where the said offence is properly cognizable, as the case shall require, and then shall certify the said writ, with the return thereof, and the said recognizance or recognizances, into the said court where such appearance is to be made, unless it shall appear unto the said lord chancellor or lord keeper, justice or justices, baron or barons, that the party so committed is detained upon a legal process, order, or warrant, out of some court that hath jurisdiction of criminal matters, or by some warrant signed and sealed with the hand and seal of any of the said justices or barons, or some justice or justices of the peace, for such matters or offences for which by law the prisoner is not bailable.

Person imprisoned during vacation, may complain to lord chancellor &c.

who on view of copy of warrant of commitment and oath that such copy was denied to prisoner, and request in writing subscribed by 2 witnesses present at delivery thereof, grant a H. C. to sheriff and returnable immediately, and on service thereof, sheriff, &c. shall bring such prisoner up,
and said lord chancellor shall discharge said prisoner, taking security for his appearance at K. B. assizes, &c.

and certify said writ, and return recognizance to court where appearance to be.

Any prisoner not applying for two terms for H. C. shall not have one during vacation.                                                                                III. Provided always, and be it enacted by the authority aforesaid, That if any person shall have wilfully neglected by the space of two whole terms after his imprisonment to pray a habeas corpus for his enlargement, such person so wilfully neglecting, shall not have any habeas corpus to be granted in vacation time, in pursuance of this act.

Any officer, &c. neglecting to return as aforesaid, or bring up the body according to command of writ,                                                                                IV. And be it enacted by the authority aforesaid, That if any officer or officers, his or their under-officer or under-officers, or under-keeper or under-keepers, or deputy, shall neglect or refuse to make the returns aforesaid, or to bring the body or bodies of the prisoner or prisoners, according to the command of the said writ, within the respective times aforesaid, or upon demand made by the prisoner, or any other person in his behalf, shall refuse to deliver, or within the space of six hours ([(a)] ) after demand, shall not deliver to the person so demanding, a true copy of the warrant or warrants of commitment and detainer of such prisoner, which he and they are hereby required to deliver accordingly; all and every the head gaolers and keepers of such prisons, and such other person in whose custody the prisoner shall be detained, shall for the first offence forfeit to the prisoner, or party aggrieved, the sum of one hundred pounds, and for the second offence the sum of two hundred pounds, and shall, and is hereby made incapable to hold or execute his said office; the said penalties to be recovered by the prisoner or party aggrieved, his executors or administrators, against such offender, or his executors or administrators, by any action of debt, suit, bill, plaint, or information in any of his Majesty's courts at Dublin, wherein no essoign, protection, privilege, injunction, wager of law, or stay of prosecution, by non vult ulterius prosequi, or otherwise, shall be admitted or allowed, or any more than one imparlance; and any recovery or judgment at the suit of any party grieved shall be a sufficient conviction for the first offence: and any after recovery or judgment at the suit of a party grieved for any offence, after the first judgment, shall be a sufficient conviction to bring the officer or persons within the said penalty for the second offence.

or on demand, or 6 hours after, refuse copy of commitment,
shall for 1st offence forfeit 100l. to party aggrieved, 2d offence, 200l. and rendered incapable,
penalties recovered by action of debt, &c. wherein no essoign, &c. allowed,
and recovery by party grieved sufficient conviction for 1st offence, and any after recovery shall bring officer, &c. under penalty for 2d offence.

And to prevent frequent commitments for same offence, no person enlarged by H. C. shall be committed for same offence, except by court having jurisdiction,                                                                                V. And for the prevention of unjust vexation by reiterated commitments for the same offence; be it enacted by the authority aforesaid, That no person or persons who shall be delivered or set at large upon any habeas corpus, shall at any time hereafter be again imprisoned or committed for the same offence by any person or persons whatsoever, other than by the legal order and process of such court wherein he or they shall be bound by recognizance to appear, or other court having jurisdiction of the cause; and if any other person or persons shall knowingly, contrary to this act, recommit or imprison, or knowingly procure, or cause to be recommitted or imprisoned for the same offence or pretended offence, any person or persons delivered or set at large as aforesaid, or be knowingly aiding or assisting therein, then he or they shall forfeit to the prisoner or party grieved, the sum of five hundred pounds, any colourable pretence or variation in the warrant or warrants of commitment notwithstanding, to be recovered as aforesaid.

and if any other person shall recommit said prisoner for same offence, or be aiding &c. thereto, shall forfeit to party grieved 500l.

Persons committed for high treason or felony, on prayer 1st week in term, or 1st day of sessions to be brought to trial and shall not be indicted tho next term, &c. after such commitment, judges of the King's Bench, &c. may on motion last day of such term, &c. set said prisoner at liberty unless oath that witness for crown could not be produced 1st term, &c. and with prisoner, who on prayer 1st week in term, or 1st day of sessions to be tried, shall not be tried the; 2d term, &c. after commitment, or shall be acquitted shall be discharged from his imprisonment.  VI. Provided always, and be it further enacted by the authority aforesaid, That if any person or persons shall be committed for high treason or felony plainly and specially expressed in the warrant of commitment, and upon his prayer or petition in open court the first week of the term, or first day of the sessions of oyer and terminer or general gaol-delivery, to be brought to his trial, shall not be indicted some time in the next term, sessions of oyer and terminer, or general gaol-delivery after such commitment, it shall and may be lawful to and for the judges of the court of King's Bench, and justices of oyer and terminer or general gaol-delivery, and they are hereby required upon motion to them made in open court the last day of the term, sessions, or gaol-delivery, either by the prisoner, or any one in his behalf, to set at liberty the prisoner upon bail, unless it appears to the judges and justices upon oath made, that the witnesses for the King could not be produced the same term, sessions or general gaol-delivery, and if any person or persons committed as aforesaid, upon his prayer or petition in open court, the first week of the term, or the first day of the sessions of oyer and terminer and general gaol-delivery, to be brought to his trial, shall not be indicted and tried the second term, sessions of oyer and terminer, or general gaol-delivery after his commitment, or upon his trial shall be acquitted, he shall be discharged from his imprisonment.

Nothing herein to discharge any person for debt, &c.                                                                                VII. Provided always, That nothing in this act shall extend to discharge out of prison any person charged in debt or other action, or with process in any civil cause; but that after he shall be discharged of his imprisonment for such his criminal offence, he shall be kept in custody according to the law for such other suit.

Persons committed for criminal offences not removeable but by habeas corpus or legal writ, &c.                                                                                VIII. Provided always, and be it enacted by the authority aforesaid, That if any person or persons subjects of this realm, shall be committed to any prison, or in custody of any officer or officers whatsoever, for any criminal or supposed criminal matter, the said person shall not be removed from the said prison and custody into the custody of any other officer or officers, unless it be by habeas corpus, or some other legal writ, or where the prisoner is delivered to the constable or other inferior officer to carry such prisoner to some common gaol, or where any person is sent by order of any judge of assize or justice of the peace to any common workhouse or house of correction, or where the prisoner is removed from one prison or place to another within the same county, in order to his or her trial or discharge in due course of law, or in case of sudden fire or infection, or other necessity; and if any person or persons shall after such commitment aforesaid, make out and sign or counter-sign any warrant or warrants for such removal aforesaid, contrary to this act, as well he that makes or signs, or counter-signs such warrant or warrants, as the officer or officers that obey or execute the same, shall suffor and incur the pains and forfeitures in this act before mentioned, both for the first and second offence respectively, to be recovered in manner aforesaid, by the party grieved.

and persons after such commitment make or sign any warrant for removal, and the officer that obeys such warrant, shall incur the penalties aforesaid.

Prisoners may sue habeas corpus out of any of the four courts; and if Chancellor, &c. refuse granting habeas corpus during vacation they shall forfeit to party grieved 500l.                                                                                IX. Provided always, and be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any prisoner or prisoners as aforesaid, to move and obtain his and their habeas corpus, as well out of the high court of Chancery, or court of Exchequer as out of the courts of King's Bench or Common-pleas, or either of them; and if the said lord chancellor, or lord keeper, or any judge or judges, baron or barons for the time being, of any of the courts aforesaid, in the vacation time, upon view of the copy or copies of the warrant or warrants of commitment, or upon oath made, that such copy or copies were denied as aforesaid, shall deny any writ of habeas corpus, by this act required to be granted, being moved for as aforesaid, they shall severally forfeit to the prisoner or party grieved, the sum of five hundred pounds, to be recovered in manner aforesaid.

Suits under this act to be brought in 2 years after offence committed, except party grieved in prison, then in 2 years from delivery or decease.                                                                                X. Provided always, and be it enacted by the authority aforesaid, That no person or persons shall be sued, impleaded, molested or troubled for any offence against this act, unless the party offending be sued or impleaded for the same within two years at the most after such time wherein the offence shall be committed, in case the party grieved shall not be then in prison, and if he shall be in prison, then within the space of two years after the decease of the person imprisoned, or his or her delivery out of prison, which shall first happen.

No habeas corpus granted for county after assizes proclaimed,                                                                                XI. And to the intent, no person may avoid his trial at the assizes or general gaol-delivery, by procuring his removal before the assizes, at such times as he cannot be brought back to receive his trial there; be it enacted by the authority aforesaid, that after the assizes proclaimed by that county where the prisoner is detained, no person shall be removed from the common gaol upon any habeas corpus granted in pursuance of this act, but upon any such habeas corpus shall be brought before the judge of assize in open court who is thereupon to do what to justice shall appertain.

but brought before judges of assize.
But may after Assizes ended.                                                                                XII. Provided nevertheless, That after the assizes are ended, any person or persons detained may have his or her habeas corpus according to the direction and intention of this act.

Defendants under this act may plead general issue, give this net in evidence, &c.                                                                                XIII. And be it enacted by the authority aforesaid, That if any information, suit, or action shall be brought or exhibited against any person or persons for any offence committed, or to be committed against the form of this law, it shall be lawful for such defendants to plead the general issue, that they are not guilty, or that they owe nothing, and to give such special matter in evidence to the jury that shall try the same, which matter being pleaded had been good and sufficient matter in law, to have discharged the said defendant or defendants against the said information, suit, or action, and the said matter shall be then as available to him or them to all intents and purposes as if he or they had sufficiently pleaded, set forth, or alledged the said matter in bar, or discharge of such information, suit, or action.

What relates to treason not in force until 1st June next.                                                                                XIV. Provided also, That this act, so far as the same may be construed to relate to cases of treason or suspicion of treason, shall not take place or be in force until the first day of June next. [Rep., Stat. Law Rev. (I.) Act, 1879.]

Persons committed for being accessary before the fact to; petty treason, felony, or murder, &c. not intitled to benefit of this act.                                                                                XV. And because many times persons charged with petty treason, felony, or murder, or as accessaries thereunto, are committed upon suspicion only, whereupon they are bailable or not according as the circumstances, making out that suspicion, are more or less weighty, which are best known to the justices of the peace who committed the persons, and have the examinations before them, or to other justices of the peace of the county; therefore be it enacted by the authority aforesaid, That where any person shall appear to be committed by any judge or justice of the peace, and charged as accessary before the fact, to any petty treason, felony, or murder, or upon suspicion thereof, or with suspicion of petty treason, felony, or murder, which petty treason, felony or murder shall be plainly and specially expressed in the warrant of commitment, that such person shall not be removed or bailed by virtue of this act, or in any other manner than they might have been before the making of this act.

Chief governor or governors and privy council may suspend this act by proclaination during actual invasion or rebellion in this kingdom or Great Britain, and no person concerned in such invasion or rebellion bailable except by order from chief governor signed by six of privy council.                                                                                XVI. Provided always, That it shall and may be lawful to and for the chief governor or governors for the time being, and privy council of this kingdom to suspend this act, by a proclamation under the great seal of this kingdom, during such time only as there shall be an actual invasion or rebellion in this kingdom or Great Britain, and that no judge or justice of peace shall bail or try any person or persons charged with being concerned in such invasion or rebellion, without an order from the lord lieutenant, or lord deputy and privy council of this kingdom for the time being, signed by six of the said privy council, any law, statute, or usage to the contrary in any wise notwithstanding.

[(a)The Parliament Roll has been inspected, and an error which occurred in this part of the text of the authorised edition has been corrected.]


Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Short title and commencement
1. (1) This Act may be cited as the Sick Leave Act 2022.
(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Definitions
2. (1) In this Act—
“Act of 2015” means the Workplace Relations Act 2015 ;
“contract of employment” means, subject to subsection (2)—
(a) a contract of service or apprenticeship, or
(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency (within the meaning of the Protection of Employees (Temporary Agency Work) Act 2012 ), and is acting in the course of that business, to do or perform personally any work or service for another person (whether or not that other person is a party to the contract),
whether the contract is express or implied and, if express, whether it is oral or in writing;
“employee” means a person who has entered into or works (or, where the employment has ceased, entered into or worked) under a contract of employment and references, in relation to an employer, to an employee, shall be construed as references to an employee employed by that employer;
“employer” means, in relation to an employee, the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of “contract of employment” is liable to pay the wages of the individual concerned in respect of the work or service concerned shall be deemed to be the individual’s employer and includes, where appropriate, the successor of the employer or an associated employer of the employer;
“Minister” means the Minister for Enterprise, Trade and Employment;
“prescribed” means prescribed by regulations made by the Minister under this Act;
“statutory sick leave” means the entitlement of an employee to be paid statutory sick leave payment by his or her employer in respect of a statutory sick leave day;
“statutory sick leave day” has the meaning given to it by section 5 ;
“statutory sick leave payment” has the meaning given to it by section 7 .

(2) For the purposes of this Act—
(a) a person holding office under, or in the service of, the State (including a member of the Garda Síochána or the Defence Forces) or otherwise as a civil servant, within the meaning of the Civil Service Commissioners Act 1956 , shall be deemed to be an employee employed by the State or Government, as the case may be, under a contract of service, and
(b) an officer or servant of a local authority for the purposes of the Local Government Act 2001 , a harbour authority or the Health Service Executive or a member of staff of an education and training board shall be deemed to be an employee employed by the authority, Executive or board, as the case may be, under a contract of service.
(3) For the purposes of this Act, one employer shall be taken to be associated with another employer—
(a) if one is a body corporate of which the other (whether directly or indirectly) has control, or
(b) if both are bodies corporate of which a third person (whether directly or indirectly) has control.

Regulations and orders
3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed for the purposes of the regulations.
(2) Without prejudice to any provision of this Act, a regulation or order under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient.
(3) Every regulation and order (other than an order under section 1 (2)) made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses
4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

PART 2
Statutory Sick Leave
Employee’s entitlement to statutory sick leave
5. (1) Subject to this Act, an employee shall, in respect of a day on which he or she would ordinarily work but is incapable of doing so due to illness or injury (in this Act referred to as a “statutory sick leave day”), be entitled to statutory sick leave.
(2) An employee shall be entitled to up to and including 3 statutory sick leave days in a year, or such number of statutory sick leave days as may stand specified from time to time by order of the Minister under section 6 .
(3) Statutory sick leave days may be consecutive days or non-consecutive days.
(4) The first day in a year that an employee is incapable of working due to illness or injury shall be the employee’s first statutory sick leave day, and any subsequent statutory sick leave days shall be construed accordingly.
(5) Subject to subsection (7), an employee’s entitlement to a statutory sick leave day shall not commence before a time when he or she has completed 13 weeks continuous service with his or her employer.
(6) The provisions of the First Schedule to the Minimum Notice and Terms of Employment Act 1973 shall apply for the purposes of ascertaining the period of service of an employee and whether or not that service has been continuous.
(7) For the purposes of this section, where an employee ceases to be the employee of an employer and, not more than 26 weeks after the date of cesser, the employee again becomes the employee of the employer, the period of service of that employee with that employer before the date of cesser shall be deemed to be continuous with the period of service of that employee with that employer after again becoming such employee.
(8) Subject to subsection (9), an employee shall be entitled to statutory sick leave payment from his or her employer in accordance with section 7 in respect of each statutory sick leave day.
(9) An employee shall, in respect of a statutory sick leave day, provide his or her employer with a medical certificate in an official language of the State signed by a registered medical practitioner stating that the employee named in the certificate is unable to work.
(10) In this section, “registered medical practitioner” has the same meaning as it has in the Medical Practitioners Act 2007 .

Variation of number of statutory sick leave days
6. (1) Subject to subsection (2), the Minister may, following consultation with the Minister for Social Protection, by order specify such number of statutory sick leave days as he or she considers appropriate having regard to:
(a) the state of the economy generally, the business environment and national competitiveness;
(b) the state of society generally, the public interest and employee well-being;
(c) the potential impact, including the potential for any disproportionate or other adverse impact, that the making of an order will have on the economy generally, specific sectors of the economy, employers or employees;
(d) annual and quarterly data on earnings and labour costs as published by the Central Statistics Office;
(e) expert opinion, research, national or international reports relating to the matters specified at paragraphs (a) to (d) that the Minister considers relevant;
(f) the views of employer representative bodies and trade unions;
(g) such other matters as the Minister considers relevant.
(2) (a) An order made under this section shall not reduce the number of statutory sick leave days.
(b) An order made under this section shall not increase by more than 3 the number of statutory sick leave days provided for immediately before the making of the order.
(c) The Minister shall not—
(i) make the first order under this section before the expiration of 12 months after the commencement of section 5 , or
(ii) make a second or subsequent order under this section before the expiration of 12 months after the commencement of the immediately preceding order under this section.

Statutory sick leave payment
7. (1) An employer shall pay an employee a prescribed daily rate of payment (in this Act referred to as “statutory sick leave payment”) in respect of each statutory sick leave day.
(2) The Minister may make regulations, having regard to the matters specified in paragraphs (a) to (g) of section 6 (1), for the purpose of prescribing the daily rate of statutory sick leave payment under subsection (1) which may—
(a) specify the percentage rate of an employee’s pay, up to a maximum daily amount, at which statutory sick leave payment will be paid,
(b) subject to the maximum daily amount specified in accordance with paragraph (a), specify an allowance in respect of board and lodgings, board only or lodgings only in a case in which such board or lodgings constitute part of the employee’s remuneration calculated at the prescribed rate, or
(c) subject to the maximum daily amount specified in accordance with paragraph (a), specify basic pay and any pay in excess of basic pay in respect of shift work, piece work, unsocial hours worked or hours worked on a Sunday, allowances, emoluments, premium pay (or its equivalent), or any other payment as the Minister considers appropriate, that are to be taken into account in the calculation of statutory sick leave payment.

More favourable provision in contract of employment
8. (1) Nothing in this Act shall prevent the inclusion in a contract of employment of a provision that is—
(a) as favourable to an employee as, or
(b) more favourable to an employee than,
an entitlement to statutory sick leave in accordance with this Act, and any such provision shall be in substitution for, and not in addition to, that entitlement.

(2) Without prejudice to section 9 , a provision in a contract of employment that is or becomes less favourable to an employee than a similar or corresponding entitlement of the employee under this Act shall be deemed to be so modified so as to be not less favourable.

Non-application of obligations under Act
9. (1) The obligations under this Act shall not apply to an employer who provides his or her employees a sick leave scheme where the terms of the scheme confer, over the course of a reference period set out in the scheme, benefits that are, as a whole, more favourable to the employee than statutory sick leave.
(2) In determining, for the purposes of subsection (1), whether a sick leave scheme confers benefits that are, as a whole, more favourable than statutory sick leave, the following matters shall be taken into consideration:
(a) the period of service of an employee that is required before sick leave is payable;
(b) the number of days that an employee is absent before sick leave is payable;
(c) the period for which sick leave is payable;
(d) the amount of sick leave that is payable;
(e) the reference period of the sick leave scheme.
(3) In this section—
“collective agreement” means an agreement by or on behalf of an employer on the one hand, and by or on behalf of a body or bodies representative of the employees to whom the agreement relates on the other hand;
“enactment” has the same meaning as it has in the Interpretation Act 2005 ;
“recognised trade union or staff association” means a body which is a holder of a negotiation licence under the Trade Union Act 1941 , or is an excepted body within the meaning of that Act which is sufficiently representative of the employees concerned;
“sick leave scheme” means a scheme that provides for the payment of remuneration that an employee will be entitled to receive during a period of illness or injury according to the circumstances and subject to the conditions of the scheme under—
(a) a contract of employment,
(b) an enactment,
(c) a collective agreement negotiated with a recognised trade union or staff association, or
(d) any individual or other group arrangement.
Exemption from obligation to pay statutory sick leave payment
10. (1) The Labour Court may, in accordance with this section, exempt an employer from the obligation to pay an employee or number of employees statutory sick leave payment otherwise payable to them in accordance with this Act.
(2) An exemption under subsection (1) shall be for a period not exceeding one year and not less than 3 months, and while it remains in force the employer accordingly need not so comply.
(3) An employer or employer’s representative with the employer’s consent may, in the manner and form approved by the Labour Court, apply to the Labour Court for an exemption under subsection (1).
(4) On receiving an application under subsection (3), the Labour Court shall convene a hearing of parties to the application and shall give its decision on the application in writing to the parties.
(5) Subject to subsection (6), the Labour Court shall not grant an exemption under subsection (1) unless it is satisfied that—
(a) where the employer makes an application under subsection (3), and that employer employs more than one employee, he or she has entered into an agreement with—
(i) the majority of the employees,
(ii) the representative of the majority of the employees, or
(iii) a trade union representing the majority of the employees,
in respect of whom the exemption is sought, whereby the employees, the representative of the employees or the trade union, consents to the employer making the application, and to abide by any decision on the application that the Court may make, and
(b) the employer’s business is experiencing severe financial difficulties.
(6) Notwithstanding subsection (5), where the Labour Court is not satisfied that the majority of the employees or their representative consents to an application under paragraph (a) of that subsection, the Labour Court may grant an exemption under subsection (1), provided the Labour Court is satisfied that—
(a) the employer has informed the employees concerned of the financial difficulties of the business and has attempted to come to an agreement with the employees, their representative or trade union in relation to a proposed exemption from payment of statutory sick leave payment, and
(b) the employer is unable to pay statutory sick leave payment to the employees, due to the employer not having the ability to pay or being unlikely to be able to pay, to the extent that, if the employer were compelled to pay there would be a substantial risk—
(i) having regard to the number of employees employed by the employer, that a material number of those employees would be likely to be laid-off employment with the employer, or made redundant, or
(ii) that the sustainability of the employer’s business would be significantly adversely affected.
(7) The Labour Court shall establish its own procedures for the hearing of applications, and in relation to incidental matters to be dealt with, under this section.
(8) The Labour Court shall maintain a register of all decisions under this section and shall make the register available for examination by members of the public at such place and reasonable times as it thinks fit.
(9) No appeal shall lie from a decision of the Labour Court under this section except to the High Court on a question of law.

PART 3
Employment Rights
Protection of employment rights
11. (1) Without prejudice to any contractual or other right that an employee may, apart from this provision, otherwise enjoy, an employee shall, during a period of absence from work by the employee while on statutory sick leave, be treated as if he or she had not been so absent and such absence shall not affect any right related to the employee’s employment whether conferred by statute, contract or otherwise.
(2) Absence from employment while on statutory sick leave shall not be treated as part of any other leave from employment (including annual leave, maternity leave, additional maternity leave, leave under section 16 (1) and (4) of the Maternity Protection Act 1994 , adoptive leave within the meaning of the Adoptive Leave Act 1995 , additional adoptive leave within the meaning of the Adoptive Leave Act 1995 , paternity leave, transferred paternity leave and parent’s leave) to which the employee concerned is entitled.
(3) Where—
(a) an employee who is on probation in his or her employment or is undergoing training in relation to that employment or is employed under a contract of apprenticeship takes statutory sick leave, and
(b) his or her employer considers that the employee’s absence from employment while on statutory sick leave would not be consistent with the continuance of the probation, training or apprenticeship,
the employer may require that the probation, training or apprenticeship be suspended during the period of statutory sick leave and be completed by the employee at the end of that period.

Protection of employees from penalisation
12. (1) An employer shall not penalise or threaten penalisation of an employee for proposing to exercise or having exercised his or her entitlement to statutory sick leave.
(2) If a penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2015, relief may not be granted to the employee in respect of the penalisation both under this Act and under those Acts.
(3) In this section, “penalisation” means any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment with respect to any term or condition of his or her employment, and, without prejudice to the generality of the foregoing, includes—
(a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2015), or the threat of suspension, lay-off or dismissal,
(b) demotion or loss of opportunity for promotion,
(c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,
(d) imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty), and
(e) coercion or intimidation.
Records
13. (1) Subject to subsection (2), an employer shall make a record of the statutory sick leave taken by each of his or her employees.
(2) A record under this section shall include—
(a) the period of employment of each employee who availed of statutory sick leave,
(b) the dates and times of statutory sick leave in respect of each employee who availed of such leave, and
(c) the rate of statutory sick leave payment in relation to each employee who availed of statutory sick leave.
(3) A record under this section shall be retained by the employer concerned for a period of 4 years.
(4) An employer who, without reasonable cause, fails to comply with subsection (1) or subsection (3), shall be guilty of an offence.
(5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a class C fine.

Decision under section 41 or 44 of Act of 2015
14. (1) Where an employee believes that his or her employer has failed to comply with the provisions of this Act, the employee may make a complaint in accordance with Part 4 of the Act of 2015.
(2) A decision of an adjudication officer under section 41 of the Act of 2015 in relation to a complaint or dispute between an employee and an employer concerning the employee’s entitlement under this Act may include an award of compensation (in favour of the employee concerned to be paid by the employer concerned) of such amount, as the adjudication officer considers just and equitable having regard to all the circumstances but shall not exceed 4 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed.
(3) A decision of the Labour Court under section 44 of the Act of 2015 on appeal from a decision of an adjudication officer referred to in subsection (2) may include an award of compensation (in favour of the employee concerned to be paid by the employer concerned) of such amount, as the Labour Court considers just and equitable having regard to all the circumstances but shall not exceed 4 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed.

Amendment of Act of 2015
15. The Act of 2015 is amended—
(a) in section 41(7)—
(i) in paragraph (f), by the substitution in subparagraph (iii), of “has died,” for “has died, and”,
(ii) in paragraph (g), by the substitution of “the occurrence of the dispute, and” for “the occurrence of the dispute.”, and
(iii) by the insertion of the following paragraph after paragraph (g):
“(h) in the case of a dispute relating to the entitlement of an employee under the Sick Leave Act 2022, it has been referred to the Director General after the expiration of the period of 6 months beginning on the day immediately following the date of the occurrence of the dispute.”,
(b) in Schedule 1, by the insertion in Part 1 of the following paragraph after paragraph 22:
“(23) Sick Leave Act 2022”,
(c) in Schedule 5, by the insertion in Part 3 of the following paragraph after paragraph 7:
“(8) Sick Leave Act 2022”,
and
(d) in Schedule 6—
(i) by the insertion, in Part 1 of the following paragraph after paragraph 37:
“38. Section 12 of the Sick Leave Act 2022”,
and
(ii) in Part 2, by the insertion of the following paragraph after paragraph 37:
“38. Section 12 of the Sick Leave Act 2022”.


[Preamble.]
Corruption in office a misdemeanor.                   1.—(1) Every person who shall by himself or by or in conjunction with any other person, corruptly solicit or receive, or agree to receive, for himself, or for any other person, any gift, loan, fee, reward, or advantage whatever as an inducement to, or reward for, or otherwise on account of any member, officer, or servant of a public body as in this Act defined, doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which the said public body is concerned, shall be guilty of a misdemeanor.

(2) Every person who shall by himself or by or in conjunction with any other person corruptly give, promise, or offer any gift, loan, fee, reward, or advantage whatsoever to any person, whether for the benefit of that person or of another person, as an inducement to or reward for or otherwise on account of any member, officer, or servant of any public body as in this Act defined, doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which such public body as aforesaid is concerned, shall be guilty of a misdemeanor.

Penalty for offences.                                 2. Any person on conviction for offending as aforesaid shall, at the discretion of the court before which he is convicted,—
(a) be liable to be imprisoned for any period not exceeding two years, with or without hard labour, or to pay a fine not exceeding five hundred pounds, or to both such imprisonment and such fine; and
(b) in addition be liable to be ordered to pay to such body, and in such manner as the court directs, the amount or value of any gift, loan, fee, or reward received by him or any part thereof; and
(c) be liable to be adjudged incapable of being elected or appointed to any public office for seven years from the date of his conviction, and to forfeit any such office held by him at the time of his conviction; and
(d) in the event of a second conviction for a like offence he shall, in addition to the foregoing penalties, be liable to be adjudged to be for ever incapable of holding any public office, and to be incapable for seven years of being registered as an elector, or voting at an election either of members to serve in Parliament or of members of any public body, and the enactments for preventing the voting and registration of persons declared by reason of corrupt practices to be incapable of voting shall apply to a person adjudged in pursuance of this section to be incapable of voting; and
(e) if such person is an officer or servant in the employ of any public body upon such conviction he shall, at the discretion of the court, be liable to forfeit his right and claim to any compensation or pension to which he would otherwise have been entitled.

Savings.                                              3.—[Sub-s. (1) rep. 8 Edw. 7. c. 49 (S.L.R.).]

(2) A person shall not be exempt from punishment under this Act by reason of the invalidity of the appointment or election of a person to a public office.

Restriction on prosecution.                           4.—(1) A prosecution for an offence under this Act shall not be instituted except by or with the consent of the Attorney-General.

(2) In this section the expression “Attorney General” means the Attorney or Solicitor General for England, and as respects Scotland means the Lord Advocate, and as respects Ireland means the Attorney or Solicitor General for Ireland.

Expenses of prosecution.                              5.[1] The expenses of the prosecution of an offence against this Act shall be defrayed in like manner as in the case of a felony.

Jurisdiction of quarter sessions.                     6. A court of general or quarter sessions shall in England have jurisdiction to inquire of, hear, and determine an offence under this Act.

Interpretation.                                       7. In this Act—
The expression “public body” means any council of a county or county of a city or town, any council of a municipal borough, also any board, commissioners, select vestry, or other body which has power to act under and for the purposes of any Act relating to local government, or the public health, or to poor law or otherwise to administer money raised by rates in pursuance of any public general Act, but does not include any public body as above defined existing elsewhere than in the United Kingdom:
The expression “public office” means any office or employment of a person as a member, officer, or servant of such public body:
The expression “person” includes a body of persons, corporate or unincorporate:
The expression “advantage” includes any office or dignity, and any forbearance to demand any money or money’s worth or valuable thing, and includes any aid, vote, consent, or influence, or pretended aid, vote, consent, or influence, and also includes any promise or procurement of or agreement or endeavour to procure, or the holding out of any expectation of any gift, loan, fee, reward, or advantage, as before defined.

Application of Act to Scotland.                       8. In the application of this Act to Scotland the sheriff and sheriff substitute shall have jurisdiction to try any offence under this Act; and
The expression “misdemeanor” shall mean “crime and offence”; and
The expression “municipal borough” shall mean any “burgh.”
50 & 51 Vict. c. 20 not to apply to trial under Act.  9. The provisions of the Criminal Law and Procedure (Ireland) Act, 1887, shall not apply to any trial under the provisions of this Act.

Short title.                                          10. This Act may be cited as the Public Bodies Corrupt Practices Act, 1889.

[1 Short title, “The Public Bodies Corrupt Practices Act, 1889.” See s. 10.]

[1 S. 5 rep., except as to S. and I., 8 Edw. 7. c. 15, s. 10.]


[21st December, 2017]
Be it enacted by the Oireachtas as follows:
Definitions
1. In this Act—
“Convention” means the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on 14 May 1954, the text of which is set out in Schedule 1 ;
“cultural property”, irrespective of origin or ownership, means—
(a) movable or immovable property of great importance to the cultural heritage of every people, including:
(i) monuments of architecture, art or history, whether religious or secular;
(ii) archaeological sites;
(iii) groups of buildings which, as a whole, are of historical or artistic interest;
(iv) works of art;
(v) manuscripts, books and other objects of artistic, historical or archaeological interest;
(vi) scientific collections and important collections of books or archives or of reproductions of the property defined above,
(b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural property referred to in paragraph (a), including:
(i) museums;
(ii) large libraries and depositories of archives; and
(iii) refuges intended to shelter, in the event of armed conflict, the movable cultural property referred to in paragraph (a),
and
(c) centres containing a large amount of cultural property as defined in paragraphs (a) and (b);
“cultural property under enhanced protection” means cultural property to which the status of enhanced protection has been granted in accordance with the system established by the Protocol;
“Minister”, other than in section 8 , means the Minister for Foreign Affairs and Trade;
“Protocol” means the Protocol to the Convention done at The Hague on 26 March 1999, the text of which is set out in Schedule 2 .

Offences
2. (1) A person who, during an armed conflict—
(a) attacks cultural property under enhanced protection,
(b) uses cultural property under enhanced protection or the area immediately surrounding such property in support of military action,
(c) extensively destroys or appropriates cultural property,
(d) attacks cultural property, or
(e) steals, pillages, misappropriates or vandalises cultural property,
commits an offence.
(2) A person charged with an offence under paragraph (a), (b) or (c) of subsection (1) shall be tried by the Central Criminal Court.
(3) Where a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by, or with the consent of, the Director of Public Prosecutions.

Offences outside State
3. (1) A person who, in a place outside the State, engages in conduct that would, if the conduct occurred in the State, constitute an offence under paragraph (a), (b) or (c) of section 2 (1), commits an offence.
(2) An Irish citizen, a member of the Defence Forces or a person ordinarily resident in the State, who, in a place outside the State, engages in conduct that would, if the conduct occurred in the State, constitute an offence under paragraphs (d) or (e) of section 2 (1) commits an offence.
(3) A person who is—
(a) an Irish citizen,
(b) a member of the Defence Forces, or
(c) ordinarily resident in the State,
who exports or otherwise removes cultural property from an occupied territory of a State Party to the Protocol commits an offence.

(4) It shall be a defence in proceedings for an offence under subsection (3) for the person charged with the offence to prove that—
(a) the export or removal of the property concerned was in accordance with the law of that State Party, or
(b) he or she reasonably believed that such export or removal of the property concerned was necessary for the protection or preservation of that property.
(5) The Director of Public Prosecutions may take proceedings for an offence under subsection (1) if satisfied that—
(a) a request for a person’s surrender for the purpose of trying him or her for an offence under subsection (1) has been made by a State in relation to which Part II of the Extradition Act 1965 applies, and that request has been finally refused (whether as a result of a decision of a court or otherwise),
(b) a European arrest warrant has been received from an issuing State for the purpose of bringing proceedings against the person for an offence in respect of that conduct, and a final determination has been made that the European arrest warrant should not be endorsed for execution in the State under the European Arrest Warrant Act 2003 or that the person should not be surrendered to the issuing State concerned, or
(c) because of special circumstances, including the likelihood of a refusal referred to in paragraph (a) or a determination referred to in paragraph (b), it is expedient that proceedings be taken against the person for an offence under subsection (1).
(6) A person charged with an offence under subsection (1) shall be tried by the Central Criminal Court.
(7) Proceedings for an offence under subsection (2) may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.
(8) Where a person is charged with an offence under this section no further proceedings in the matter (other than a remand in custody or on bail) may be taken except by, or with the consent of, the Director of Public Prosecutions.

Penalties
4. (1) A person guilty of an offence (other than an offence under paragraph (a), (b) or (c) of section 2 (1) or under section 3 (1)) under this Act shall be liable—
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 30 years or both.
(2) A person guilty of an offence under paragraph (a), (b) or (c) of section 2 (1) or under section 3 (1) shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 30 years or both.

Responsibility of military commanders and other superiors
5. (1) Where a member of a force who is under the effective command and control of a military commander commits an offence under section 2 , the military commander also commits that offence where he or she—
(a) fails to exercise proper control over the members of those forces,
(b) knows, or ought to know, that members of those forces are committing, or are about to commit, that offence, and
(c) fails to take all necessary and reasonable measures within his or her power to prevent or repress the commission of the offence concerned or to submit the matter to the competent authorities for investigation and prosecution.
(2) Where a person, who is under the authority and control of a person who is his or her superior, commits an offence under section 2 , the superior also commits that offence where he or she—
(a) fails to exercise proper control over the person,
(b) knows, or ought to know, that the person is committing, or is about to commit, that offence,
(c) had effective responsibility for and control over the person, and
(d) fails to take all necessary or reasonable measures within his or her power to prevent or repress the commission of that offence or to submit the matter to the competent authorities for investigation and prosecution.

Defence of superior orders
6. (1) In proceedings for an offence under this Act it shall be a defence for the defendant to prove—
(a) that he or she—
(i) was required by law to obey the orders of a government or of a superior, whether military or otherwise, and
(ii) was acting under an order of that government or superior,
and
(b) that he or she—
(i) did not know that the order concerned was unlawful, or
(ii) believed it to be lawful.
(2) Subsection (1) does not apply to a defendant where the order concerned was manifestly unlawful.

Double jeopardy
7. A person who is acquitted or convicted of an offence in a place outside the State shall not be proceeded against for an offence under this Act consisting of the act that constituted the offence of which the person was so acquitted or convicted except where the offence is one to which Part 3 of the Criminal Procedure Act 2010 applies.

Blue Shield emblem
8. (1) The Minister, having had regard to the purposes of the Blue Shield emblem set out in the Convention and having consulted the Minister for Defence and such other persons, if any, as the Minister considers appropriate, may authorise, in writing, the use of the Blue Shield emblem subject to such conditions as the Minister considers necessary to ensure that the use of the emblem is appropriate.
(2) A person may apply, in writing, to the Minister for authorisation to use the Blue Shield emblem and the Minister, having consulted the Minister for Defence and such other persons, if any, as the Minister considers appropriate, may authorise the applicant in writing to use the Blue Shield emblem, subject to such conditions as the Minister considers necessary to ensure that the use of the emblem is appropriate.
(3) The Minister may amend or withdraw such authorisation where the Minister considers—
(a) the emblem has been improperly used,
(b) there has been a breach or contravention of a condition of the authorisation,
(c) the protection of cultural heritage or public interest requires it, or
(d) it is appropriate to do so at the request of the person to whom the authorisation was granted.
(4) A person who uses the Blue Shield emblem without or otherwise than in accordance with the authorisations referred to in subsections (1) and (2) commits an offence.
(5) In this section—
“Blue Shield emblem” means the distinctive emblem of the Convention described in Article 16. 1 of the Convention, the use of which is set out in Article 17 of the Convention;
“Minister” means the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs.

Amendment of Criminal Justice (Mutual Assistance) Act 2008
9. Section 2 (1) of the Criminal Justice (Mutual Assistance) Act 2008 is amended—
(a) by the insertion of the following definition:
“ ‘1999 Protocol’ means the Protocol to the Convention for the Protection of Cultural Property in the event of Armed Conflict, done at The Hague on 26 March 1999;”;
and
(b) in the definition of “international instrument” by the insertion of the following paragraph after paragraph (l):
“(la) the 1999 Protocol;”.
Amendment of Schedule to Criminal Procedure Act 2010
10. The Schedule to the Criminal Procedure Act 2010 is amended by the insertion of the following paragraph after paragraph 5:
“5A. An offence under paragraph (a), (b) or (c) of section 2 (1) or under section 3(1) of the Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Act 2017.”.

Short title and commencement
11. (1) This Act may be cited as the Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Act 2017.
(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

SCHEDULE 1
Convention for the Protection of Cultural Property in the Event of Armed Conflict
Section 1

CHAPTER I
GENERAL PROVISIONS REGARDING PROTECTION
Definition of Cultural Property
Article 1
Protection of Cultural Property
Article 2
Safeguarding of Cultural Property
Article 3
Respect for Cultural Property
Article 4
Occupation
Article 5
Distinctive Marking of Cultural Property
Article 6
Military Measures
Article 7

CHAPTER II
SPECIAL PROTECTION
Granting of Special Protection
Article 8
Immunity of Cultural Property under Special Protection
Article 9
Identification and Control
Article 10
Withdrawal of Immunity
Article 11

CHAPTER III
TRANSPORT OF CULTURAL PROPERTY
Transport under Special Protection
Article 12
Transport in Urgent Cases
Article 13
Immunity from Seizure, Capture and Prize
Article 14

CHAPTER IV
PERSONNEL
Personnel
Article 15

CHAPTER V
THE DISTINCTIVE EMBLEM
Emblem of the Convention
Article 16
Use of the Emblem
Article 17

CHAPTER VI
SCOPE OF APPLICATION OF THE CONVENTION
Application of the Convention
Article 18
Conflicts Not of an International Character
Article 19

CHAPTER VII
EXECUTION OF THE CONVENTION
Regulations for the Execution of the Convention
Article 20
Protecting Powers
Article 21
Conciliation Procedure
Article 22
Assistance of UNESCO
Article 23
Special Agreements
Article 24
Dissemination of the Convention
Article 25
Translations, Reports
Article 26
Meetings
Article 27
Sanctions
Article 28

FINAL PROVISIONS
Languages
Article 29
Signature
Article 30
Ratification
Article 31
Accession
Article 32
Entry into Force
Article 33
Effective Application
Article 34
Territorial Extension of the Convention
Article 35
Relation to Previous Conventions
Article 36
Denunciation
Article 37
Notifications
Article 38
Revision of the Convention and of the Regulations for its Execution
Article 39
Registration
Article 40

REGULATIONS FOR THE EXECUTION OF THE CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY IN EVENT OF ARMED CONFLICT
CHAPTER I

CONTROL
International List of Persons
Article 1
Organization of Control
Article 2
Appointment of Delegates of Protecting Powers
Article 3
Appointment of Commissioner-General
Article 4
Functions of Delegates
Article 5
Functions of the Commissioner-General
Article 6
Inspectors and Experts
Article 7
Discharge of the Mission of Control
Article 8
Substitutes for Protecting Powers
Article 9
Expenses
Article 10

CHAPTER II
SPECIAL PROTECTION
Improvised Refuges
Article 11
International Register of Cultural Property under Special Protection
Article 12
Requests for Registration
Article 13
Objections
Article 14
Registration
Article 15
Cancellation
Article 16

CHAPTER III
TRANSPORT OF CULTURAL PROPERTY
Procedure to Obtain Immunity
Article 17
Transport Abroad
Article 18
Occupied Territory
Article 19

CHAPTER IV
THE DISTINCTIVE EMBLEM
Affixing of the Emblem
Article 20
Identification of Persons
Article 21
SCHEDULE 2
Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict
Have agreed as follows:
Chapter 1
Introduction
Article 1
Definitions
Article 2
Relation to the Convention
Article 3
Scope of application
Article 4
Relationship between Chapter 3 and other provisions of the Convention and this Protocol
Chapter 2
General provisions regarding protection
Article 5
Safeguarding of cultural property
Article 6
Respect for cultural property
(a) a waiver on the basis of imperative military necessity pursuant to Article 4 paragraph 2 of the Convention may only be invoked to direct an act of hostility against cultural property when and for as long as:
(i) that cultural property has, by its function, been made into a military objective; and
(ii) there is no feasible alternative available to obtain a similar military advantage to that offered by directing an act of hostility against that objective;
(b) a waiver on the basis of imperative military necessity pursuant to Article 4 paragraph 2 of the Convention may only be invoked to use cultural property for purposes which are likely to expose it to destruction or damage when and for as long as no choice is possible between such use of the cultural property and another feasible method for obtaining a similar military advantage;
(c) the decision to invoke imperative military necessity shall only be taken by an officer commanding a force the equivalent of a battalion in size or larger, or a force smaller in size where circumstances do not permit otherwise;
(d) in case of an attack based on a decision taken in accordance with sub-paragraph (a), an effective advance warning shall be given whenever circumstances permit.

Article 7
Precautions in attack
(a) do everything feasible to verify that the objectives to be attacked are not cultural property protected under Article 4 of the Convention;
(b) take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental damage to cultural property protected under Article 4 of the Convention;
(c) refrain from deciding to launch any attack which may be expected to cause incidental damage to cultural property protected under Article 4 of the Convention which would be excessive in relation to the concrete and direct military advantage anticipated; and
(d) cancel or suspend an attack if it becomes apparent:
(i) that the objective is cultural property protected under Article 4 of the Convention;
(ii) that the attack may be expected to cause incidental damage to cultural property protected under Article 4 of the Convention which would be excessive in relation to the concrete and direct military advantage anticipated.

Article 8
Precautions against the effects of hostilities
(a) remove movable cultural property from the vicinity of military objectives or provide for adequate in situ protection;
(b) avoid locating military objectives near cultural property.

Article 9
Protection of cultural property in occupied territory
(a) any illicit export, other removal or transfer of ownership of cultural property;
(b) any archaeological excavation, save where this is strictly required to safeguard, record or preserve cultural property;
(c) any alteration to, or change of use of, cultural property which is intended to conceal or destroy cultural, historical or scientific evidence.

Chapter 3
Enhanced Protection
Article 10
Enhanced protection
(a) it is cultural heritage of the greatest importance for humanity;
(b) it is protected by adequate domestic legal and administrative measures recognising its exceptional cultural and historic value and ensuring the highest level of protection;
(c) it is not used for military purposes or to shield military sites and a declaration has been made by the Party which has control over the cultural property, confirming that it will not be so used.

Article 11
The granting of enhanced protection
Article 12
Immunity of cultural property under enhanced protection
Article 13
Loss of enhanced protection
(a) if such protection is suspended or cancelled in accordance with Article 14; or
(b) if, and for as long as, the property has, by its use, become a military objective.
(a) the attack is the only feasible means of terminating the use of the property referred to in sub-paragraph 1(b);
(b) all feasible precautions are taken in the choice of means and methods of attack, with a view to terminating such use and avoiding, or in any event minimising, damage to the cultural property;
(c) unless circumstances do not permit, due to requirements of immediate self-defence:
(i) the attack is ordered at the highest operational level of command;
(ii) effective advance warning is issued to the opposing forces requiring the termination of the use referred to in sub-paragraph 1(b); and
(iii) reasonable time is given to the opposing forces to redress the situation.

Article 14
Suspension and cancellation of enhanced protection
Chapter 4
Criminal responsibility and jurisdiction
Article 15
Serious violations of this Protocol
(a) making cultural property under enhanced protection the object of attack;
(b) using cultural property under enhanced protection or its immediate surroundings in support of military action;
(c) extensive destruction or appropriation of cultural property protected under the Convention and this Protocol;
(d) making cultural property protected under the Convention and this Protocol the object of attack;
(e) theft, pillage or misappropriation of, or acts of vandalism directed against cultural property protected under the Convention.

Article 16
Jurisdiction
(a) when such an offence is committed in the territory of that State;
(b) when the alleged offender is a national of that State;
(c) in the case of offences set forth in Article 15 sub-paragraphs (a) to (c), when the alleged offender is present in its territory.
(a) this Protocol does not preclude the incurring of individual criminal responsibility or the exercise of jurisdiction under national and international law that may be applicable, or affect the exercise of jurisdiction under customary international law;
(b) Except in so far as a State which is not Party to this Protocol may accept and apply its provisions in accordance with Article 3 paragraph 2, members of the armed forces and nationals of a State which is not Party to this Protocol, except for those nationals serving in the armed forces of a State which is a Party to this Protocol, do not incur individual criminal responsibility by virtue of this Protocol, nor does this Protocol impose an obligation to establish jurisdiction over such persons or to extradite them.

Article 17
Prosecution
Article 18
Extradition
Article 19
Mutual legal assistance
Article 20
Grounds for refusal
Article 21
Measures regarding other violations
(a) any use of cultural property in violation of the Convention or this Protocol;
(b) any illicit export, other removal or transfer of ownership of cultural property from occupied territory in violation of the Convention or this Protocol.

Chapter 5
The protection of cultural property in armed conflicts not of an international character
Article 22
Armed conflicts not of an international character
Chapter 6
Institutional Issues
Article 23
Meeting of the Parties
(a) to elect the Members of the Committee, in accordance with Article 24 paragraph 1;
(b) to endorse the Guidelines developed by the Committee in accordance with Article 27 sub-paragraph 1(a);
(c) to provide guidelines for, and to supervise the use of the Fund by the Committee;
(d) to consider the report submitted by the Committee in accordance with Article 27 sub-paragraph 1(d);
(e) to discuss any problem related to the application of this Protocol, and to make recommendations, as appropriate.

Article 24
Committee for the protection of cultural property in the event of armed conflict
Article 25
Term of office
Article 26
Rules of Procedure
Article 27
Functions
(a) to develop Guidelines for the implementation of this Protocol;
(b) to grant, suspend or cancel enhanced protection for cultural property and to establish, maintain and promote the List of cultural property under enhanced protection;
(c) to monitor and supervise the implementation of this Protocol and promote the identification of cultural property under enhanced protection;
(d) to consider and comment on reports of the Parties, to seek clarifications as required, and prepare its own report on the implementation of this Protocol for the Meeting of the Parties;
(e) to receive and consider requests for international assistance under Article 32;
(f) to determine the use of the Fund;
(g) to perform any other function which may be assigned to it by the Meeting of the Parties.

Article 28
Secretariat
Article 29
The Fund for the protection of cultural property in the event of armed conflict
(a) to provide financial or other assistance in support of preparatory or other measures to be taken in peacetime in accordance with, inter alia, Article 5, Article 10 sub-paragraph (b) and Article 30; and
(b) to provide financial or other assistance in relation to emergency, provisional or other measures to be taken in order to protect cultural property during periods of armed conflict or of immediate recovery after the end of hostilities in accordance with, inter alia, Article 8 sub-paragraph (a).
(a) voluntary contributions made by the Parties;
(b) contributions, gifts or bequests made by:
(i) other States;
(ii) UNESCO or other organizations of the United Nations system;
(iii) other intergovernmental or non-governmental organizations; and
(iv) public or private bodies or individuals;
(c) any interest accruing on the Fund;
(d) funds raised by collections and receipts from events organized for the benefit of the Fund; and
(e) all other resources authorized by the guidelines applicable to the Fund.

Chapter 7
Dissemination of Information and International Assistance
Article 30
Dissemination
(a) incorporate guidelines and instructions on the protection of cultural property in their military regulations;
(b) develop and implement, in cooperation with UNESCO and relevant governmental and non-governmental organizations, peacetime training and educational programmes;
(c) communicate to one another, through the Director-General, information on the laws, administrative provisions and measures taken under sub-paragraphs (a) and (b);
(d) communicate to one another, as soon as possible, through the Director-General, the laws and administrative provisions which they may adopt to ensure the application of this Protocol.

Article 31
International cooperation
Article 32
International assistance
Article 33
Assistance of UNESCO
Chapter 8
Execution of this Protocol
Article 34
Protecting Powers
Article 35
Conciliation procedure
Article 36
Conciliation in absence of Protecting Powers
Article 37
Translations and reports
Article 38
State responsibility
Chapter 9
Final Clauses
Article 39
Languages
Article 40
Signature
Article 41
Ratification, acceptance or approval
Article 42
Accession
Article 43
Entry into force
Article 44
Entry into force in situations of armed conflict
Article 45
Denunciation
Article 46
Notifications
Article 47
Registration with the United Nations