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 136: Relevant Museums and Galleries

628. Section 136 defines “museum or gallery” for the purposes of Part 6. Only objects which are loaned to those institutions which have been approved by the relevant authority will qualify for immunity under this Part.

629. Subsection (2) sets out the factors to which the approving authority must have regard in deciding whether or not a particular institution should be approved. These are the institution’s procedures for establishing the provenance and ownership of objects, and whether it complies with guidance published by the Secretary of State on such procedures. This list is not exclusive. The approving authority may also take account of other factors in deciding whether an institution should be approved.

630. Subsection (3) makes it clear that once approval has been given, it may be withdrawn, and identifies two situations in particular which are likely to lead to the loss of approved status. These are if an institution’s procedures for establishing the provenance and ownership of objects are deemed to be inadequate, and if an institution fails to provide information on request as required in regulations. The approving authority may however also consider other factors.

631. Subsection (4) clarifies the effect of withdrawal of approval. Those objects which are already in the museum or in the United Kingdom en route to the museum on the date on which approval is withdrawn will not lose their approved status. However, objects which are loaned to the museum after its approval has been withdrawn will not qualify for immunity.

632. Subsection (5) identifies the appropriate authority. The Secretary of State will be responsible for approving museums and galleries in England. Each of the devolved administrations will be responsible for approving museums and galleries in their respective countries.