National Heritage (Scotland) Act 1985

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

[F1(c)the disposal is an exercise of the power conferred by section 6 of the Museums and Galleries Act 1992, or]

(d)the disposal is made with the approval of the Secretary of State, to [F2a body other than those for the time being specified in Schedule 5 to that Act, 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.

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.