Tribunals, Courts and Enforcement Act 2007

Tribunals, Courts and Enforcement Act 2007

2007 CHAPTER 15

Part 6: Protection of Cultural Objects on Loan

Commentary on Sections: Part 6

Section 134: Protected objects

617. Section 134 defines the conditions that need to be met for an object to be protected from seizure and specifies where and for how long the protection will be given.

618. Subsection (2) provides that an object will only be protected if five conditions are satisfied: the object must usually be kept outside the United Kingdom; it must not be owned by anyone resident in the United Kingdom; the import of the object must comply with the law on the import of goods; it must be brought to the United Kingdom to be displayed to the public in a temporary exhibition at a museum or gallery and the museum has complied with regulations requiring publication of information about the object. The Secretary of State is given power to make such regulations.

619. Subsection (4) provides for the extent of the protection. An object must only be in the United Kingdom for the permitted purposes (defined further in subsection (7)) and, with one exception, the protection will only last for twelve months. It is only intended to protect from seizure objects which are being lent for the purposes of a temporary exhibition. Objects on long term loans to museums will not be protected.

620. Subsection (5) provides for the single exception to this rule. Where an object has been damaged since coming to the United Kingdom, and is being repaired, conserved or restored in this country, it will continue to be protected until it has left the United Kingdom following the completion of the repair, conservation or restoration.

621. Subsection (7) ensures that objects will only be protected if they are on display in a temporary exhibition at museums, undergoing related repair, conservation or restoration, or travelling to or from the place where they are being displayed or repaired/restored. Subsection (8) defines the repairs, conservation or restoration which will be considered to be related for these purposes.

622. Subsection (9) gives the Secretary of State a power to require a museum or gallery to provide further information about an object to inquirers. The information which must be produced, the circumstances in which it must be produced, and any conditions on the production of information may be specified in the regulations. This power is additional to the power given to the Secretary of State in subsection (2) to require museums and galleries to publish particular information about an object.

623. Subsections (10) and (11) make further provision in relation to the regulations to be made under subsections (2) and (9). The regulations may only be made with the consent of the devolved authorities, and they will be made by statutory instrument, subject to the negative resolution procedure.