New UK law gives museums new power to repatriate pieces in their collections

·

A new law in England and Wales has been introduced to give national museums significantly more power to deaccession works and make progress on restitution cases. 

The Charities Act 2022 is expected to come into force later this year and will allow charities, and museums, to dispose of objects where there is a compelling moral obligation to do so. 

According to the Charities Act, museums will now be able to deaccession low-value assets without requesting permission; higher-value goods will still require consent from the Charity Commission, the attorney general, or a court. 

Museums had previously been limited to the National Heritage Act 1983 and that had restricted the trustees of major UK museums from deaccessioning objects from the collection except under certain circumstances, like if they are a duplicate of beyond repair. 

“Given the growing increase in moral and political pressure on museums and their trustees to “do the right thing”, this legislation provides new avenues for trustees to explore,” said art lawyer Petra Warrington of Charles Russell Speechlys to Artnet News.

Sidamara sarcophagus at Istanbul Archaeology Museums is complete again with the head of Eros, after it was brought back to Turkey from the V&A museum. Photo by Onur Coban/Anadolu Agency via Getty Images.

“Helping them to find solutions where originally the law had not provided a legal framework for restitution. It is a very positive development.”

The new regulation may also increase a museum’s ability to repatriate cultural items in addition to returning stolen art and human remains.

Earlier this year, a head of Eros from the 3rd century was sent to Turkey after it had been detached from a sarcophagus in the 19th century and brought to the U.K. by a British official.

This “renewable cultural partnership” transfer, which is technically a long-term loan of V&A property because returning the object would have violated the National Heritage Act, is being done.

The new legislation will override Attorney General v. Trustees of the British Museum, a 2005 decision from the High Court that blocked trustees of the British Museum from returning objects based on a moral obligation in accordance with the Charities Act 2011.

This effectively created a false distinction between statutory charities like museums and other charities. The 2022 act instead emphasizes that the “stand-alone statutory power” can be exercised by “any charity.”

Source: Artnet

Share:

KEEP UP TO DATE WITH TGH

By subscribing you accept our Terms of Service and Privacy Policy.

Latest News

SoulChef Sundays: The Easter tsoureki trilogy – scents of love and tradition

Chef Georgia Koutsoukou — the Kalamata-born chef known as “SoulChef” — continues her SoulChef Sundays series with The Greek Herald.

Aleesha Naxakis: From Roselands to the Australia Galaxy Stage

Aleesha is a proud second-generation Australian with roots stretching across Greece – from Crete and Kalamata to Lyfkada and Amaliada.

Dr Louise Makarious’ study reveals hidden maternal death risks years after childbirth

A world-first Australian study has found that one in five maternal deaths in the five years after childbirth are preventable.

‘It’s madness’: Nick Koutsoukos leads fight to save Paddington childcare centre

Parent Nick Koutsoukos leads the fight to save a Paddington childcare centre set to close, leaving families facing a growing childcare crisis.

Greece launches new restoration phase for iconic Larissa theatre

A major new phase of restoration is underway at the ancient Theatre A of Larissa, one of the largest Hellenistic monuments in Greece.

You May Also Like

‘We will remember them’: Australians pay respect to the fallen on Remembrance Day

More than 60,000 Australians were killed fighting for their country. And today the nation pays tribute to those lost and to those who are still serving.

Australia bids to host 2031 FIBA World Cup

Australia is set to bid for the 2031 Basketball World Cup after a record breaking FIFA Women’s soccer World Cup in Sydney this month.

Mitch Georgiades and Port Adelaide teammates avoid fines for suspected COVID breach

The players claimed they had just finished eating and provided the AFL with credit card receipts that included the times they bought the items.