Museums and Galleries Act 1992

SCHEDULES

Section 1(2)(a).

SCHEDULE 1 The Board of Trustees of the National Gallery

Status

1 (1) Subject to sub-paragraph (3) below, the Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The trustees and their staff shall not be regarded as civil servants and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3) In relation to any matter as respects which the Board act by virtue of a direction under section 2(7) of this Act, the Board shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Minister giving the direction.

Membership

2 (1) The Board shall consist of not less than twelve nor more than fourteen members (in this Schedule referred to as “trustees”) of whom—

(a) one shall be appointed by the Tate Gallery Board from among the members of that Board; and

(b) the remainder shall be appointed by the Prime Minister;

and the trustees shall appoint one of their number to be chairman.

(2) In appointing any trustee, the Prime Minister shall have regard to the desirability of that person’s having knowledge and experience which would be of use to the Board in exercising their functions.

(3) No trustee shall be appointed for a period of more than five years.

(4) A trustee appointed by the Tate Gallery Board shall cease to be a trustee—

(a) if he ceases to be a member of that Board; or

(b) if he resigns his office as trustee by notice in writing addressed to that Board;

and any other trustee may resign his office by notice in writing addressed to the Prime Minister.

(5) A person shall cease to be chairman—

(a) if he resigns as such by notice in writing addressed to the Board; or

(b) if he ceases to be a trustee.

(6) Subject to the provisions of this paragraph, a trustee or chairman shall hold and vacate office in accordance with the terms of his appointment.

(7) A person who ceases to be a trustee or chairman shall be eligible for re-appointment.

(8) Any appointment by virtue of which a person holds office as one of the National Gallery Trustees immediately before the day of the Board’s establishment—

(a) shall have effect on and after that day as an appointment under paragraph (b) of sub-paragraph (1) above or, if he was appointed by the Tate Gallery Board, paragraph (a) of that sub-paragraph; and

(b) shall, notwithstanding sub-paragraph (3) above, so have effect until the expiration of the period for which that person was appointed as one of the National Gallery Trustees.

(9) Any appointment made by the National Gallery Trustees under or by virtue of which a person holds office, immediately before the day of the Board’s establishment,—

(a) as one of the Tate Gallery Trustees, or

(b) as a member of the Tate Gallery Board,

shall have effect on and after that day as an appointment made by the Board, but subject to the provisions of Schedule 2 to this Act.

(10) Any reference in this paragraph (other than sub-paragraph (9) above) to the Tate Gallery Board shall be construed, as respects any time before the establishment of that Board, as a reference to the Tate Gallery Trustees, and references to a member of that Board shall be construed accordingly.

(11) The Lord President of the Council may by order made by statutory instrument amend sub-paragraph (1) above by varying the greater or the lesser number of members of the Board for the time being there specified.

Staff

3 (1) There shall be a Director of the National Gallery who shall be appointed by the Board with the approval of the Prime Minister.

(2) The Director shall be responsible to the Board for the general exercise of the Board’s functions.

(3) The Board may appoint such other employees as the Board think fit.

(4) Subject to such conditions as the Lord President of the Council may impose with the consent of the Treasury—

(a) the Board shall pay to their employees such remuneration and allowances as the Board may determine; and

(b) the employees shall be appointed on such other terms and conditions as the Board may determine.

(5) Any appointment by virtue of which a person holds office as Director of the National Gallery immediately before the day of the Board’s establishment shall have effect on and after that day as an appointment under sub-paragraph (1) above; and, subject to sub-paragraph (4) above, that person shall continue to hold his office on the terms and conditions on which he held it immediately before that day, with any necessary modifications.

Proceedings

4 (1) Subject to the provisions of this paragraph the Board may regulate their own procedure (including, subject to sub-paragraph (7) below, quorum).

(2) The Board may make arrangements for any of their functions, other than the power to acquire or dispose of land, to be discharged by committees.

(3) Any such committee shall be appointed, and may be dissolved, by the Board.

(4) A committee may include as members persons who are not trustees, but at least one of the members must be a trustee.

(5) A committee shall act in accordance with such directions as the Board may give from time to time.

(6) Anything done by a committee under the arrangements shall, if the arrangements so provide, have effect as if done by the Board.

(7) The quorum for meetings of the Board shall not at any time be less than the greater of—

(a) four, and

(b) the number equal to one third of the number of trustees at the time concerned (treating any fraction as one).

(8) The validity of any proceedings of the Board shall not be affected by any vacancy among the trustees or by any defect in the appointment of any trustee.

Allowances

5 The Board may pay to each of the trustees and the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Lord President of the Council may determine with the Treasury’s approval.

Instruments

6 (1) The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Board to act for that purpose.

(2) A document purporting to be duly executed under the seal of the Board, or to be signed on the Board’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.

Reports

7 (1) The Board shall make to the Lord President of the Council a report on the exercise of their functions since the making of their last report or, in the case of the first report, on the exercise of their functions and those of the National Gallery Trustees since the making of the last report by those Trustees.

(2) The first report shall be made not later than the end of the period of three years (or such shorter period as the Lord President may direct) beginning with the day of the Board’s establishment.

(3) Each subsequent report shall be made not later than three years (or such shorter period as the Lord President may direct) after the last was made.

(4) The Lord President shall lay a copy of each report before each House of Parliament.

Section 1(2)(b).

SCHEDULE 2 The Board of Trustees of the Tate Gallery

Status

1 (1) Subject to sub-paragraph (3) below, the Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The trustees and their staff shall not be regarded as civil servants and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3) In relation to any matter as respects which the Board act by virtue of a direction under section 2(7) of this Act, the Board shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Minister giving the direction.

Membership

2 (1) The Board shall consist of twelve members (in this Schedule referred to as “trustees”) of whom—

(a) one shall be appointed by the National Gallery Board from among the members of that Board; and

(b) the remainder shall be appointed by the Prime Minister;

and the trustees shall appoint one of their number to be chairman.

(2) At least three of the trustees shall be practising artists.

(3) In appointing any trustee, the Prime Minister shall have regard to the desirability of that person’s having knowledge and experience which would be of use to the Board in exercising their functions.

(4) No trustee shall be appointed for a period of more than five years.

(5) A trustee appointed by the National Gallery Board shall cease to be a trustee—

(a) if he ceases to be a member of that Board; or

(b) if he resigns his office as trustee by notice in writing addressed to that Board;

and any other trustee may resign his office by notice in writing addressed to the Prime Minister.

(6) A person shall cease to be chairman—

(a) if he resigns as such by notice in writing addressed to the Board; or

(b) if he ceases to be a trustee.

(7) Subject to the provisions of this paragraph, a trustee or chairman shall hold and vacate office in accordance with the terms of his appointment.

(8) A person who ceases to be a trustee or chairman shall be eligible for re-appointment.

(9) Any appointment by virtue of which a person holds office as one of the Tate Gallery Trustees immediately before the day of the Board’s establishment—

(a) shall have effect on and after that day as an appointment under paragraph (b) of sub-paragraph (1) above or, if he was appointed by the National Gallery Board, paragraph (a) of that sub-paragraph; and

(b) shall, notwithstanding sub-paragraph (4) above, so have effect until the expiration of the period for which that person was appointed as one of the Tate Gallery Trustees.

(10) Any appointment made by the Tate Gallery Trustees under or by virtue of which a person holds office, immediately before the day of the Board’s establishment,—

(a) as one of the National Gallery Trustees, or

(b) as a member of the National Gallery Board,

shall have effect on and after that day as an appointment made by the Board, but subject to the provisions of Schedule 1 to this Act.

(11) Any reference in this paragraph (other than sub-paragraph (10) above) to the National Gallery Board shall be construed, as respects any time before the establishment of that Board, as a reference to the National Gallery Trustees, and references to a member of that Board shall be construed accordingly.

(12) The Lord President of the Council may by order made by statutory instrument—

(a) amend sub-paragraph (1) above by varying the number of members of the Board for the time being there specified; or

(b) amend sub-paragraph (2) above by varying the number of trustees for the time being there specified who must be practising artists.

Staff

3 (1) There shall be a Director of the Tate Gallery who shall be appointed by the Board with the approval of the Prime Minister.

(2) The Director shall be responsible to the Board for the general exercise of the Board’s functions.

(3) The Board may appoint such other employees as the Board think fit.

(4) Subject to such conditions as the Lord President of the Council may impose with the consent of the Treasury—

(a) the Board shall pay to their employees such remuneration and allowances as the Board may determine; and

(b) the employees shall be appointed on such other terms and conditions as the Board may determine.

(5) Any appointment by virtue of which a person holds office as Director of the Tate Gallery immediately before the day of the Board’s establishment shall have effect on and after that day as an appointment under sub-paragraph (1) above; and, subject to sub-paragraph (4) above, that person shall continue to hold his office on the terms and conditions on which he held it immediately before that day, with any necessary modifications.

Proceedings

4 (1) Subject to the provisions of this paragraph the Board may regulate their own procedure (including, subject to sub-paragraph (7) below, quorum).

(2) The Board may make arrangements for any of their functions, other than the power to acquire or dispose of land, to be discharged by committees.

(3) Any such committee shall be appointed, and may be dissolved, by the Board.

(4) A committee may include as members persons who are not trustees, but at least one of the members must be a trustee.

(5) A committee shall act in accordance with such directions as the Board may give from time to time.

(6) Anything done by a committee under the arrangements shall, if the arrangements so provide, have effect as if done by the Board.

(7) The quorum for meetings of the Board shall not at any time be less than one third of the number for the time being specified in paragraph 2(1) above as the number of trustees, rounding any resulting fraction up to the next whole number.

(8) The validity of any proceedings of the Board shall not be affected by any vacancy among the trustees or by any defect in the appointment of any trustee.

Allowances

5 The Board may pay to each of the trustees and the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Lord President of the Council may determine with the Treasury’s approval.

Instruments

6 (1) The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Board to act for that purpose.

(2) A document purporting to be duly executed under the seal of the Board, or to be signed on the Board’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.

Reports

7 (1) The Board shall make to the Lord President of the Council a report on the exercise of their functions since the making of their last report or, in the case of the first report, on the exercise of their functions and those of the Tate Gallery Trustees since the making of the last report by those Trustees.

(2) The first report shall be made not later than the end of the period of three years (or such shorter period as the Lord President may direct) beginning with the day of the Board’s establishment.

(3) Each subsequent report shall be made not later than three years (or such shorter period as the Lord President may direct) after the last was made.

(4) The Lord President shall lay a copy of each report before each House of Parliament.

Section 1(2)(c).

SCHEDULE 3 The Board of Trustees of the National Portrait Gallery

Status

1 (1) Subject to sub-paragraph (3) below, the Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The trustees and their staff shall not be regarded as civil servants and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3) In relation to any matter as respects which the Board act by virtue of a direction under section 2(7) of this Act, the Board shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Minister giving the direction.

Membership

2 (1) The Board shall consist of sixteen members (in this Schedule referred to as “trustees”) who shall be appointed by the Prime Minister; and the trustees shall appoint one of their number to be chairman.

(2) In appointing any trustee, the Prime Minister shall have regard to the desirability of that person’s having knowledge and experience which would be of use to the Board in exercising their functions.

(3) No trustee shall be appointed for a period of more than five years.

(4) A trustee may resign his office by notice in writing addressed to the Prime Minister.

(5) A person shall cease to be chairman—

(a) if he resigns as such by notice in writing addressed to the Board; or

(b) if he ceases to be a trustee.

(6) Subject to the provisions of this paragraph, a trustee or chairman shall hold and vacate office in accordance with the terms of his appointment.

(7) A person who ceases to be a trustee or chairman shall be eligible for re-appointment.

(8) Any appointment by virtue of which a person holds office as one of the National Portrait Gallery Trustees immediately before the day of the Board’s establishment—

(a) shall have effect on and after that day as an appointment under sub-paragraph (1) above; and

(b) shall, notwithstanding sub-paragraph (3) above, so have effect until the expiration of the period for which that person was appointed as one of the National Portrait Gallery Trustees.

(9) The Lord President of the Council may by order made by statutory instrument amend sub-paragraph (1) above by varying the number of members of the Board for the time being there specified.

Staff

3 (1) There shall be a Director of the National Portrait Gallery who shall be appointed by the Board with the approval of the Prime Minister.

(2) The Director shall be responsible to the Board for the general exercise of the Board’s functions.

(3) The Board may appoint such other employees as the Board think fit.

(4) Subject to such conditions as the Lord President of the Council may impose with the consent of the Treasury—

(a) the Board shall pay to their employees such remuneration and allowances as the Board may determine; and

(b) the employees shall be appointed on such other terms and conditions as the Board may determine.

(5) Any appointment by virtue of which a person holds office as Director of the National Portrait Gallery immediately before the day of the Board’s establishment shall have effect on and after that day as an appointment under sub-paragraph (1) above; and, subject to sub-paragraph (4) above, that person shall continue to hold his office on the terms and conditions on which he held it immediately before that day, with any necessary modifications.

Proceedings

4 (1) Subject to the provisions of this paragraph the Board may regulate their own procedure (including, subject to sub-paragraph (7) below, quorum).

(2) The Board may make arrangements for any of their functions, other than the power to acquire or dispose of land, to be discharged by committees.

(3) Any such committee shall be appointed, and may be dissolved, by the Board.

(4) A committee may include as members persons who are not trustees, but at least one of the members must be a trustee.

(5) A committee shall act in accordance with such directions as the Board may give from time to time.

(6) Anything done by a committee under the arrangements shall, if the arrangements so provide, have effect as if done by the Board.

(7) The quorum for meetings of the Board shall not at any time be less than one third of the number for the time being specified in paragraph 2(1) above as the number of trustees, rounding any resulting fraction up to the next whole number.

(8) The validity of any proceedings of the Board shall not be affected by any vacancy among the trustees or by any defect in the appointment of any trustee.

Allowances

5 The Board may pay to each of the trustees and the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Lord President of the Council may determine with the Treasury’s approval.

Instruments

6 (1) The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Board to act for that purpose.

(2) A document purporting to be duly executed under the seal of the Board, or to be signed on the Board’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.

Reports

7 (1) The Board shall make to the Lord President of the Council a report on the exercise of their functions since the making of their last report or, in the case of the first report, on the exercise of their functions and those of the National Portrait Gallery Trustees since the making of the last report by those Trustees.

(2) The first report shall be made not later than the end of the period of three years (or such shorter period as the Lord President may direct) beginning with the day of the Board’s establishment.

(3) Each subsequent report shall be made not later than three years (or such shorter period as the Lord President may direct) after the last was made.

(4) The Lord President shall lay a copy of each report before each House of Parliament.

Section 1(2)(d).

SCHEDULE 4 The Board of Trustees of the Wallace Collection

Status

1 (1) Subject to sub-paragraph (3) below, the Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The trustees and their staff shall not be regarded as civil servants and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3) In relation to any matter as respects which the Board act by virtue of a direction under section 2(7) of this Act, the Board shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Minister giving the direction.

Membership

2 (1) The Board shall consist of at least six members (in this Schedule referred to as “trustees”) who shall be appointed by the Prime Minister; and the trustees shall appoint one of their number to be chairman.

(2) In appointing any trustee, the Prime Minister shall have regard to the desirability of that person’s having knowledge and experience which would be of use to the Board in exercising their functions.

(3) No trustee shall be appointed for a period of more than five years.

(4) A trustee may resign his office by notice in writing addressed to the Prime Minister.

(5) A person shall cease to be chairman—

(a) if he resigns as such by notice in writing addressed to the Board; or

(b) if he ceases to be a trustee.

(6) Subject to the provisions of this paragraph, a trustee or chairman shall hold and vacate office in accordance with the terms of his appointment.

(7) A person who ceases to be a trustee or chairman shall be eligible for re-appointment.

(8) Any appointment by virtue of which a person holds office as one of the Trustees of the Wallace Collection immediately before the day of the Board’s establishment—

(a) shall have effect on and after that day as an appointment under sub-paragraph (1) above; and

(b) shall, notwithstanding sub-paragraph (3) above, so have effect until the expiration of the period for which that person was appointed as one of the Trustees of the Wallace Collection.

(9) The Lord President of the Council may by order made by statutory instrument amend sub-paragraph (1) above by varying the number for the time being there specified as the minimum number of members of the Board.

Staff

3 (1) There shall be a Director of the Wallace Collection who shall be appointed by the Board with the approval of the Prime Minister.

(2) The Director shall be responsible to the Board for the general exercise of the Board’s functions.

(3) The Board may appoint such other employees as the Board think fit.

(4) Subject to such conditions as the Lord President of the Council may impose with the consent of the Treasury—

(a) the Board shall pay to their employees such remuneration and allowances as the Board may determine; and

(b) the employees shall be appointed on such other terms and conditions as the Board may determine.

(5) Any appointment by virtue of which a person holds office as Director of the Wallace Collection immediately before the day of the Board’s establishment shall have effect on and after that day as an appointment under sub-paragraph (1) above; and, subject to sub-paragraph (4) above, that person shall continue to hold his office on the terms and conditions on which he held it immediately before that day, with any necessary modifications.

Proceedings

4 (1) Subject to the provisions of this paragraph the Board may regulate their own procedure (including, subject to sub-paragraph (7) below, quorum).

(2) The Board may make arrangements for any of their functions, other than the power to acquire or dispose of land, to be discharged by committees.

(3) Any such committee shall be appointed, and may be dissolved, by the Board.

(4) A committee may include as members persons who are not trustees, but at least one of the members must be a trustee.

(5) A committee shall act in accordance with such directions as the Board may give from time to time.

(6) Anything done by a committee under the arrangements shall, if the arrangements so provide, have effect as if done by the Board.

(7) The quorum for meetings of the Board shall not at any time be less than three.

(8) The validity of any proceedings of the Board shall not be affected by any vacancy among the trustees or by any defect in the appointment of any trustee.

Allowances

5 The Board may pay to each of the trustees and the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Lord President of the Council may determine with the Treasury’s approval.

Instruments

6 (1) The fixing of the seal of the Board shall be authenticated by the signature of the chairman or of some other person authorised either generally or specially by the Board to act for that purpose.

(2) A document purporting to be duly executed under the seal of the Board, or to be signed on the Board’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.

Reports

7 (1) The Board shall make to the Lord President of the Council a report on the exercise of their functions since the making of their last report or, in the case of the first report, on the exercise of their functions and those of the Trustees of the Wallace Collection since the making of the last report by those Trustees.

(2) The first report shall be made not later than the end of the period of three years (or such shorter period as the Lord President may direct) beginning with the day of the Board’s establishment.

(3) Each subsequent report shall be made not later than three years (or such shorter period as the Lord President may direct) after the last was made.

(4) The Lord President shall lay a copy of each report before each House of Parliament.

Sections 6 and 7.

SCHEDULE 5 Transfers to and from certain collections

Part I Transferors and transferees

• The Board of Trustees of the Armouries

• The British Library Board

• The Trustees of the British Museum

• The Trustees of the Imperial War Museum

• The Board of Governors of the Museum of London

• The Board of Trustees of the National Gallery

• The Board of Trustees of the National Galleries of Scotland

• The Board of Trustees of the National Library of Scotland

• The Trustees of the National Maritime Museum

• The Board of Trustees of the National Museums and Galleries on Merseyside

• The Board of Trustees of the National Museums of Scotland

• The Board of Trustees of the National Portrait Gallery

• The Trustees of the Natural History Museum

• The Board of Trustees of the Science Museum

• The Board of Trustees of the Tate Gallery

• The Board of Trustees of the Victoria and Albert Museum

Part II Transferees only

• The Court of Governors of the National Library of Wales

• The Council of the National Museum of Wales

• The Trustees of the Ulster Museum

• The Trustees of the Ulster Folk and Transport Museum

Section 8.

SCHEDULE 6 Bodies to whom land may be transferred

The British Library	The British Library Board
The British Museum	The Trustees of the British Museum
The Imperial War Museum	The Trustees of the Imperial War Museum
The National Gallery	The Board of Trustees of the National Gallery
The National Galleries of Scotland	The Board of Trustees of the National Galleries of Scotland
The National Library of Scotland	The Board of Trustees of the National Library of Scotland
The National Maritime Museum	The Trustees of the National Maritime Museum
The National Museums of Scotland	The Board of Trustees of the National Museums of Scotland
The National Portrait Gallery	The Board of Trustees of the National Portrait Gallery
The Natural History Museum	The Trustees of the Natural History Museum
The Science Museum	The Board of Trustees of the Science Museum
The Tate Gallery	The Board of Trustees of the Tate Gallery
The Victoria and Albert Museum	The Board of Trustees of the Victoria and Albert Museum
The Wallace Collection	The Board of Trustees of the Wallace Collection

Section 9.

SCHEDULE 7 Bodies to whom grants are payable

Part I By the Lord President of the Council

Museums and galleries

• The Trustees of the British Museum

• The Trustees of the Imperial War Museum

• The Board of Trustees of the National Gallery

• The Trustees of the National Maritime Museum

• The Board of Trustees of the National Portrait Gallery

• The Trustees of the Natural History Museum

• The Board of Trustees of the Science Museum

• The Board of Trustees of the Tate Gallery

• The Board of Trustees of the Victoria and Albert Museum

• The Board of Trustees of the Wallace Collection

Other institutions

The Museums and Galleries Commission

Part II By the Secretary of State

• The Court of Governors of the National Library of Wales

• The Council of the National Museum of Wales

Section 11(2).

SCHEDULE 8 Minor and consequential provisions

Part I The British Museum and the British Museum (Natural History)

British Museum (Natural History): change of name

1 (1) The body corporate established by section 8 of the [1963 c. 24.] British Museum Act 1963 with the name of “the Trustees of the British Museum (Natural History)” and the museum known as “the British Museum (Natural History)” shall instead be known respectively as “the Trustees of the Natural History Museum” and “the Natural History Museum”.

(2) The amendments specified in the following provisions of this paragraph are made in consequence of sub-paragraph (1) above.

(3) In the British Museum Act 1963—

(a) the words “Natural History Museum” shall be substituted for the words “British Museum (Natural History)” wherever occurring in sections 8(1) and (3) and 10(1); and

(b) in Schedule 2, in paragraph 4, for the words “that Museum” there shall be substituted the words “the Natural History Museum”.

(4) In Schedule 8 to the [1965 c. 74.] Superannuation Act 1965 (which specifies certain kinds of employment service in which is treated as service in the permanent civil service for pension purposes) for the words “British Museum (Natural History)” there shall be substituted the words “Natural History Museum”.

(5) In Schedule 1 to the [1972 c. 11.] Superannuation Act 1972 (which specifies certain kinds of employment to persons serving in which section 1 of that Act applies) for the words “British Museum (Natural History)” there shall be substituted the words “Natural History Museum”.

(6) In section 1(1) of the [1972 c. 73.] Museums and Galleries Admission Charges Act 1972 (which specifies the museums and galleries which may make admission charges) for paragraph (b) (the British Museum (Natural History)) there shall be substituted—

“(b) the Natural History Museum;”.

(7) In section 149B(6)(a) of the [1979 c. 14.] Capital Gains Tax Act 1979 (exemption from tax on chargeable gains for the Trustees of the British Museum (Natural History) etc) for the words “British Museum (Natural History)” there shall be substituted the words “Natural History Museum”.

(8) In section 507(1)(d) of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (tax exemption for the Trustees of the British Museum (Natural History)) for the words “British Museum (Natural History)” there shall be substituted the words “Natural History Museum”.

(9) In section 271(6)(a) of the [1992 c. 12.] Taxation of Chargeable Gains Act 1992 (exemption from tax on chargeable gains for the Trustees of the British Museum (Natural History) etc) for the words “British Museum (Natural History)” there shall be substituted the words “Natural History Museum”.

Transfer of certain Ministerial functions

2 (1) The functions of the Secretary of State under sections 8(2)(b) and 10(2) of the [1963 c. 24.] British Museum Act 1963 (power to appoint one of the Natural History Trustees and power to alter authorised repositories of either Museum) are hereby transferred to the Lord President of the Council; and accordingly—

(a) in section 8(2)(b) of that Act, for the words from “by” to “on” there shall be substituted the words “by the Lord President of the Council on”; and

(b) in section 10(2) of that Act, for the words “Secretary of State” there shall be substituted the words “Lord President of the Council”.

(2) Sub-paragraph (1) above shall not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State before the coming into force of that sub-paragraph.

The British Museum (Purchase of Land) Act 1894

3 (1) Section 2 of the [1894 c. 34.] British Museum (Purchase of Land) Act 1894 (which requires the purchased property to be managed in such manner as the Treasury may direct and the net rents and profits to be paid into the Exchequer) shall cease to have effect.

(2) In section 2A of that Act (the purchased property not to be sold without the consent of the Treasury and any proceeds of sale to be paid into the Exchequer) for the words from “Treasury” onwards there shall be substituted the words “Lord President of the Council”.

The Charities Act 1960

4 In Schedule 2 to the [1960 c. 58.] Charities Act 1960 (which lists the institutions which, so far as they are charities, are exempt charities within the meaning of that Act) for paragraph (d) (which relates to the British Museum and includes a reference to the British Museum (Natural History)) there shall be substituted—

“(d) the Trustees of the British Museum and the Trustees of the Natural History Museum;”.

The British Museum Act 1963

5 In consequence of section 6 of this Act, in the [1963 c. 24.] British Museum Act 1963, the words “or section 6 of the Museums and Galleries Act 1992” shall be inserted—

(a) at the end of section 3(4); and

(b) after the word “section” in section 5(3).

Part II Miscellaneous amendments

The National Galleries of Scotland Act 1906

6 (1) In section 4C of the [1906 c. 50.] National Galleries of Scotland Act 1906, in subsection (3) (restriction on disposal of objects comprised in the collections) for paragraph (c) (disposal to institution mentioned in subsection (4)) there shall be substituted—

“(c) the disposal is an exercise of the power conferred by section 6 of the Museums and Galleries Act 1992, or”.

(2) In paragraph (d) of that subsection (disposal, by way of sale, gift or exchange, with approval of Secretary of State, to an institution other than those mentioned in subsection (4)) for the words from “any institution” onwards there shall be substituted the words “a body other than those for the time being specified in Schedule 5 to that Act, or”.

The Imperial War Museum Act 1920

7 (1) In section 2 of the [1920 c. 16.] Imperial War Museum Act 1920 (powers and duties of the Board)—

(a) in paragraph (b) (powers to acquire and sell land) after the word “sell” there shall be inserted the words “or make other dispositions of”; and

(b) in paragraph (d) (application of moneys received) for the words “sale of any land” there shall be substituted the words “sale or other disposition of any land”.

(2) That section, as so amended, shall be numbered as subsection (1), and at the end of it there shall be added—

“(2) The Board may allow premises occupied or managed by them to be used by other persons (for payment or otherwise) for purposes not connected with the Board’s functions, if the Board are satisfied that to do so would not unduly conflict with those functions.”

(3) After that section there shall be inserted—

“2A Power of the Board to form companies

(1) With the consent of the Lord President of the Council and subject to any conditions he may impose, the Board may form, or take part in forming, one or more bodies corporate which, or each of which, has as its main object or objects one or more of those mentioned in subsection (2) below.

(2) The objects referred to in subsection (1) above are—

(a) the production and publication of books, films or other informative material relating to the Museum’s collection or theme;

(b) the production of replicas or reproductions of objects relating to the Museum’s collection or theme, or of souvenirs;

(c) the sale (whether or not at an hour when the collection is open to the public for viewing) of informative material relating to the Museum’s collection or theme, or of souvenirs or other goods;

(d) the provision (whether or not at such an hour) of catering or car parking or other services or facilities for the public at any premises occupied or managed by the Board; and

(e) any other object or objects incidental to the Board’s functions.

(3) The Board may hold interests in any such body, exercise rights conferred by the holding of interests in it, and provide financial or other assistance to or in respect of it (including assistance by way of guarantee of its obligations).

(4) This section is without prejudice to any power of the Board to undertake by virtue of section 2 above anything mentioned in subsection (2) above.”

(4) In section 4 of that Act, in subsection (1) (which provides for a Director-General and a Curator to be appointed by the Treasury on such terms and conditions as the Treasury may direct) for the words from “by the Treasury” onwards there shall be substituted the words “by the Board with the approval of the Prime Minister and shall hold office on such terms and subject to such conditions as the Board may determine subject to such conditions as the Lord President of the Council may impose with the consent of the Treasury.”

(5) In subsection (4) of that section (salaries etc. to be such as the Treasury may from time to time determine) for the words “as the Treasury may from time to time determine” there shall be substituted the words “as the Board may determine subject to such conditions as the Lord President of the Council may impose with the consent of the Treasury”.

(6) Nothing in any amendment made by this paragraph shall affect the validity of any appointment, direction or determination made or given under that section by the Treasury before the coming into force of the amendment.

The National Maritime Museum Act 1934

8 (1) In section 5 of the [1934 c. 43.] National Maritime Museum Act 1934, in subsection (1) (which provides for a Director to be appointed by the Treasury on such terms and conditions as the Treasury may direct) for the words “by the Treasury” and “as the Treasury may direct” there shall be substituted respectively the words “by the Board with the approval of the Prime Minister” and “as the Board may determine subject to such conditions as the Lord President of the Council may impose with the consent of the Treasury”.

(2) In subsection (2) of that section (which requires Treasury consent as to number and conditions of service of officers and servants and provides for the payment of such salaries or remuneration as the Treasury may determine)—

(a) the words from “subject to the consent” to “conditions of service” shall be omitted; and

(b) for the words “as the Treasury may determine” there shall be substituted the words “as the Board may determine subject to such conditions as the Lord President of the Council may impose with the consent of the Treasury”.

(3) In section 6 of that Act (financial provisions)—

(a) subsections (1), (3) and (4) shall cease to have effect; and

(b) in subsection (2) (disposal of money received by the Board)—

(i) for the words from “and such” to “by them” there shall be substituted the words “may be invested by the Board”; and

(ii) for the words from “or, with” to “otherwise” there shall be substituted the words “or otherwise”.

(4) In Schedule 2 to that Act (constitution and proceedings of the Board) for the word “Treasury” wherever occurring in paragraphs 1 and 3 there shall be substituted the words “Prime Minister”.

(5) Nothing in any amendment made by this paragraph shall affect the validity of any appointment, direction, consent or determination made or given (or having effect as if made or given) under any provision of section 5 of, or Schedule 2 to, that Act by the Treasury before the coming into force of the amendment.

The Imperial War Museum Act 1955

9 (1) In section 2 of the [1955 c. 14.] Imperial War Museum Act 1955, in subsection (1) (power of Board to lend objects with the consent of the Lord President of the Council) the words “with the consent of the Lord President of the Council” shall cease to have effect.

(2) In subsection (3) of that section (terms and conditions of loans) the words from “and any loan” onwards shall cease to have effect.

The Charities Act 1960

10 (1) In Schedule 2 to the [1960 c. 58.] Charities Act 1960 (which lists the institutions which, so far as they are charities, are exempt charities within the meaning of that Act) after paragraph (cd) there shall be inserted the following—

“(ce) the Board of Trustees of the National Gallery;

(cf) the Board of Trustees of the Tate Gallery;

(cg) the Board of Trustees of the National Portrait Gallery;

(ch) the Board of Trustees of the Wallace Collection;”.

(2) In consequence of sub-paragraph (1) above, paragraphs (da), (db), (dc) and (dd) of that Schedule (which are inserted by the [1992 c. 41.] Charities Act 1992) shall cease to have effect.

The Museum of London Act 1965

11 In section 7 of the [1965 c. 17.] Museum of London Act 1965 (transfer of objects to and from other organisations)—

(a) subsections (1), (2) and (4) shall cease to have effect; and

(b) in subsection (3)—

(i) for the words “subsection (1) of this section” there shall be substituted the words “section 6 of the Museums and Galleries Act 1992”; and

(ii) after the word “exercisable” there shall be inserted the words “by the Board”.

The British Library Act 1972

12 (1) In paragraph 11(4) of the Schedule to the [1972 c. 54.] British Library Act 1972 (powers of Board to dispose of articles transferred to them under section 3(1)(a) of that Act) for the words following paragraph (c) there shall be substituted the words “or

(d) the disposal is an exercise of the power conferred by section 6 of the Museums and Galleries Act 1992.”

(2) In paragraph 11(5) of that Schedule (restrictions on disposal of property subject to a trust or condition) in paragraph (a), after the word “condition” there shall be inserted the words “except as provided by section 6 of the Museums and Galleries Act 1992”.

The National Heritage Act 1983

13 (1) In paragraph (c) of sections 6(3), 14(3) and 20(3) of the [1983 c. 47.] National Heritage Act 1983 (which respectively authorise the Boards of Trustees of the Victoria and Albert Museum, the Science Museum and the Armouries to dispose of objects comprised in their collections if the disposal is by way of sale or gift to, or exchange with, an institution specified in subsection (4) of the section in question) for the words from “by” to “(4)” there shall be substituted the words “an exercise of the power conferred by section 6 of the Museums and Galleries Act 1992”.

(2) In section 18 of that Act, in subsection (3) (which confers certain powers on the Board of Trustees of the Armouries) after paragraph (c) there shall be added the words “and

(d) with the consent of the Secretary of State and subject to such conditions as he may impose, make grants to any person for the purpose of promoting enjoyment, knowledge or understanding of arms and armour.”

(3) At the end of that section there shall be added—

“(8) The Board may, whether or not for the general purpose mentioned in subsection (1), allow premises occupied or managed by them to be used by other persons (for payment or otherwise) for purposes not connected with the functions mentioned in subsection (2), if the Board are satisfied that to do so would not unduly conflict with those functions.”

(4) After that section there shall be inserted—

“18A Power of Board to form companies

(1) With the consent of the Secretary of State and subject to any conditions he may impose, the Board may form or take part in forming one or more bodies corporate which (or each of which) has as its main object or objects one or more of those mentioned in subsection (2).

(2) The objects are—

(a) the production and publication of books, films or other informative material relating to the Board’s collection and record;

(b) the production of replicas or reproductions of objects comprised in their collection or of documents forming part of their record, or of souvenirs;

(c) the sale (whether or not at an hour when the collection is open to the public for viewing) of informative material relating to their collection or record, of replicas or reproductions of objects comprised in their collection or of documents forming part of their record, or of souvenirs or other goods;

(d) the provision (whether or not at such an hour) of catering or car parking or other services or facilities for the public at any premises occupied or managed by the Board; and

(e) any other object or objects incidental to the Board’s functions.

(3) The Board may hold interests in any such body, exercise rights conferred by the holding of interests in it, and provide financial or other assistance to or in respect of it (including assistance by way of guarantee of its obligations).

(4) This section is without prejudice to any power of the Board to undertake anything mentioned in subsection (2) by virtue of section 18.”

The National Heritage (Scotland) Act 1985

14 (1) In section 3(2) of the [1985 c. 16.] National Heritage (Scotland) Act 1985, in paragraph (e) (power of the Board of Trustees of the National Museums of Scotland, with the consent of the Secretary of State, to make grants to any person) after the word “grants” there shall be inserted the words “subject to such conditions as he may require to be imposed”.

(2) In section 8 of that Act, in subsection (3), for paragraph (c) (which authorises the Board to dispose of objects comprised in their collections if the disposal is by way of sale or gift to, or exchange with, an institution specified in subsection (4) of that section) there shall be substituted—

“(c) the disposal is an exercise of the power conferred by section 6 of the Museums and Galleries Act 1992, or”.

(3) In paragraph (d) of that subsection (disposal, with consent of Secretary of State, to an institution not specified in subsection (4) of that section) for the words from “an institution” onwards there shall be substituted the words “a body other than those for the time being specified in Schedule 5 to that Act, or”.

(4) In section 23 of that Act (power of Secretary of State to make grants) after the word “may” where it first occurs there shall be inserted the words “, subject to such conditions as he thinks fit,”.

Section 11(3).

SCHEDULE 9 Enactments repealed

Chapter	Short title	Extent of repeal
19 & 20 Vict. c. 29.	The National Gallery Act 1856.	The whole Act.
57 & 58 Vict. c. 34.	The British Museum (Purchase of Land) Act 1894.	Section 2.
6 Edw. 7 c. 50.	The National Galleries of Scotland Act 1906.	Section 4C(4).
10 & 11 Geo. 5 c. 16.	The Imperial War Museum Act 1920.	In section 3(2), the first sentence.Section 4(5).
24 & 25 Geo. 5 c. 43.	The National Maritime Museum Act 1934.	In section 5(2), the words from “subject to the consent” to “conditions of service”.Section 6(1), (3) and (4).
2 & 3 Eliz. 2 c. 65.	The National Gallery and Tate Gallery Act 1954.	The whole Act.
3 & 4 Eliz. 2 c. 14.	The Imperial War Museum Act 1955.	In section 2, in subsection (1), the words “with the consent of the Lord President of the Council”, and, in subsection (3), the words from “and any loan” onwards.
8 & 9 Eliz. 2 c. 58.	The Charities Act 1960.	In Schedule 2, paragraphs (da), (db), (dc) and (dd).
1963 c. 24.	The British Museum Act 1963.	In section 9, in subsection (1) the words from “and any pictures” onwards, and subsection (2).Section 12.In Schedule 2, paragraphs 2 and 3.
1965 c. 17.	The Museum of London Act 1965.	Section 7(1), (2) and (4).
1972 c. 54.	The British Library Act 1972.	In the Schedule, paragraph 11(6).
1980 c. 17.	The National Heritage Act 1980.	In section 16(1), the words “falling within subsection (2) below”.
1983 c. 47.	The National Heritage Act 1983.	Sections 6(4), 8, 14(4) and 16.In section 18(3), the word “and” immediately preceding paragraph (c).Section 20(4).In Schedule 1, paragraphs 9 and 19.In Schedule 5, paragraphs 1, 2, 5 and 7.
1985 c. 16.	The National Heritage (Scotland) Act 1985.	Section 8(4).In Schedule 2, paragraph 2.
1992 c. 41.	The Charities Act 1992.	In Schedule 3, paragraph 22.