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National Heritage (Scotland) Act 1985
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Changes over time for: Section 8
Version Superseded: 01/09/1992
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- 01/02/1991- Amendment
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8 Acquisition and disposal of objects.S
(1)The Board may acquire (whether by purchase, exchange or gift) any objects which in their opinion it is desirable to add to their collections.
(2)Without prejudice to any power apart from this subsection, a Minister of the Crown may transfer to the Board any object (whether or not he acquired it before the Board’s establishment) if in his opinion it would appropriately form part of their collections.
(3)The Board may not dispose of an object the property in which is vested in them and which is comprised in their collections unless—
(a)the disposal is by way of sale, exchange or gift of an object which is a duplicate of another object the property in which is so vested and which is so comprised, or
(b)the disposal is by way of sale, exchange or gift of an object which in the Board’s opinion is unsuitable for retention in their collections and can be disposed of without detriment to the interests of students or other members of the public, or
(c)the disposal is by way of sale or gift made to, or exchange made with, any institution mentioned in such section (4), or
(d)the disposal is made with the approval of the Secretary of State, to an institution other than one of those mentioned in subsection (4), or
(e)the disposal (by whatever means, including destruction) is of an object which the Board are satisfied has become useless for the purposes of their collections by reason of damage, physical deterioration, or infestation by destructive organisms.
(4)The institutions mentioned in subsection (3)(c) are the institutions for the time being listed in Schedule 1 to the M1National Gallery and Tate Gallery Act 1954 (ignoring the words “The National Museums of Scotland”), the National Gallery Trustees and the Tate Gallery Trustees.
(5)An object may be disposed of as mentioned in subsection (3)(e) notwithstanding a trust or condition (express or implied) prohibiting or restricting the disposal of the object.
(6)Money accruing to the Board by virtue of a disposal mentioned in this section shall be applied by the Board in the acquisition of objects to be added to their collections.
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