Commentary on Sections and Schedules
Section 1: Bodies to which this Act applies
10.Section 1 lists the bodies to which the Act applies.
Section 2: Power to return victims’ property
11.Section 2 sets out the power to return an object given to the Trustees of bodies listed in section 1 and the two conditions that must be met before the power can be exercised. The conditions are:
firstly, that the return of the object to a person has been recommended by the Advisory Panel (subsection (2)); and
secondly, that the Secretary of State has approved the Panel’s recommendation (subsection (3)).
12.The consent of Scottish Ministers must be given before the Secretary of State can approve the recommendation if it concerns an object in the collection of a Scottish body, that is the Board of Trustees for the National Galleries of Scotland; the Trustees of the National Library of Scotland or the Board of Trustees of the National Museums of Scotland.
13.The power to return an object to a victim does not override any trust or condition subject to which an object is held.
Section 3: “Advisory Panel”
14.Section 3 explains that the term “Advisory Panel” means a Panel designated by the Secretary of State. The Government intends to designate the Spoliation Advisory Panel. Subsection (2) provides that a Panel may be designated only if its functions are limited to the consideration of claims to objects and relating to events occurring in the Nazi era; defined as the period from 1 January 1933 to 31 December 1945.
Section 4: Short title, extent, commencement and sunset
15.Section 4 deals with extent, commencement and duration. The Act extends to England and Wales and Scotland. However, no institution to which the provisions of the Act apply is located in Wales. Subsections (2) to (4) provide for the Act to be brought into force by a commencement order made by the Secretary of State. The Secretary of State must consult Scottish Ministers before making an order in respect of a Scottish body. Subsection (7) specifies that the Act will expire 10 years after the day on which it is passed.
