BIG NEWS Provisions in a recently passed UK law coming into force this autumn could have a major impact on the ability of UK national museums to remove items from their collections and return them to their country or community of origin…. 🧵 (1/10)
As many know, almost all national museums in the UK are governed by statute, many of which include restrictions on the ability of their trustees to remove items from the collection… (2/10)
Even though these museums are charities, it had been found by the High Court (in 2005) that restrictions in the British Museum Act 1963 superseded any possibility of returning items under charity law. However…. (3/10)
The new Charities Act 2022 (passed 24 Feb, same day as Russian invasion..) includes provisions that will allow even charities established by statute (like national museums) to make transfers of property provided the trustees feel there is a *moral obligation* to do so… (4/10)
These are known as “ex gratia” transfers or payments. Trustees will be able to act on their own for “low valued” property (based on thresholds) and for other property will need approval from the Charity Commission, Attorney General or Court… (4/10)
These are known as “ex gratia” transfers or payments. Trustees will be able to act on their own for “low valued” property (based on thresholds) and for other property will need approval from the Charity Commission, Attorney General or Court… (5/10)
This legislation effectively overrides the 2005 decision, making it clear (in new section 106(1A)) that the ability exists even for charities with statutory restrictions… (6/10)
This is especially interesting because the Charity Commission has already approved two entities in the last year, the Horniman Museum and Jesus College Cambridge, to return #BeninBronzes to Nigeria... (7/10)
Once this new change comes into force, trustees of nationals will be able to make similar applications. But of course it remains at their discretion: they can’t be forced and ex gratia transfers under s. 106 will remain rare and exceptional... (8/10)
Still a hugely important legal change for the cultural sector as a whole! Reported on in @guardian today (9/10) theguardian.com/culture/2022/s…
And I've written a blog about it on the @IAL_art_law blog (with a longer article coming out in the quarterly law journal Art Antiquity and Law soon) (10/10): ial.uk.com/museums-restit…
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