Commentary on provisions of Act
Section 1: Protection of cultural objects on loan
- This section amends sections 134 and 137 of the 2007 Act.
- Subsection (2) inserts new subsections (4A) to (4E) into section 134 of the 2007 Act.
- New subsection (4A) provides that the relevant authority has the power to extend the existing maximum period of protection for a further period of up to 3 months.
- New subsection (4B) defines ‘relevant authority’ for the purposes of subsection (4A). The relevant authority is the Secretary of State where the object is in England for any of the purposes listed in subsection (7)(b) to (e), or is in the UK for the purpose of display at an institution in England, and Scottish Ministers where the object is in Scotland for any of the purposes listed in subsection (7)(b) to (e), or is in the UK for the purpose of display at an institution in Scotland.
- New subsection (4C) clarifies that the power in new subsection (4A) can be exercised more than once in relation to the same object, and, where it is exercisable by both the relevant authorities at a particular time in relation to the same object, is exercisable by them concurrently. This will, among other things, ensure that an extended period of protection can be provided for an object which is in the UK for the purpose of exhibitions in both Scotland and England, and provide flexibility as to which authority exercises the power in relation to that object.
- New subsection (4D) clarifies that any extension granted under subsection (4A) is in addition to the ‘maximum protection period’, which comprises the initial 12-month period under subsection (4)(b) together with any additional period of protection arising under subsection (5) where the object has suffered damage, and any period of extension already granted under subsection (4A).
- New subsection (4E) provides that, where the period of protection in relation to an object has been extended under new subsection (4A), certain references in section 134 to the United Kingdom are to be read as reference to England or Scotland, meaning that protection will only continue as long as the object is in England or Scotland.
- Subsection (3) amends section 134(5) of the 2007 Act to make clear that, where the period of protection has been extended under new subsection (4A), the object will continue to be protected after the end of the extended period if it has suffered damage while in the UK and as a result undergoes repair, conservation or restoration in the UK.
- Subsection (4) makes consequential amendments to the definition of "United Kingdom" in section 137 of the 2007 Act.
Section 2: Extent, commencement and short title
- Subsection (1) provides that the Act extends to England and Wales, Scotland, and Northern Ireland.
- Subsection (2) provides that the Act comes into force at the end of the period of two months after the Act is passed.
- Subsection (3) provides the short title of the Act.
