Policy background
- The 12-month period of protection from seizure or forfeiture under the current legislation has normally provided a sufficient length of time for museum exhibitions to take place and for objects on loan from abroad to be returned in line with agreed schedules and before the period of protection has expired. However, the disruptions to international travel during 2020 created problems when loaned objects due to be returned to their country of origin were unexpectedly delayed in the UK. Unable to travel out of the UK, these objects were left at risk of being unprotected should the 12-month limit expire before the borrowing institutions could arrange for their return.
- Unforeseen environmental factors have caused major international air travel disruption in the past, and this too posed a risk to the timely return of cultural objects on loan from international lenders, for example, the eruption of the Eyjafjallajokull volcano in Iceland in 2010, which grounded over 100,000 flights.
- In the event that objects on loan are unexpectedly delayed within the UK and are unable to be returned within the 12-month timeframe, the measures within the Act provide a mechanism to extend the length of time an object is protected from seizure or forfeiture whilst in England or Scotland. This will help alleviate concerns from museums and international lenders that cultural objects on loan to approved museums and galleries may be left unprotected should the protection expire before the objects can be returned.
- Whilst the risk of seizure or forfeiture is extremely small, a number of countries place great importance on having this protection. The Act provides a greater degree of certainty over the protection available for cultural objects on loan. The knowledge that the length of protection can be extended at the discretion of the relevant authority helps to increase the confidence of owners that objects loaned to approved museums and galleries are secure.
- A museum or gallery to which an object has been loaned must apply to have the period of protection extended. The relevant authority will exercise their discretion to extend the 12 month period in specific cases and where circumstances warrant. Where an extension to the period of protection is granted, approval will be confirmed in writing to the applying museum or gallery.
- Policy guidance for museums and galleries on how to apply for an extended period of protection has been issued by the relevant authorities.
