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2Powers of transfer between the National Gallery and Tate Gallery collections

(1)Either of the said two bodies of Trustees may lend or transfer any picture or other work of art to the other.

(2)The said two bodies of Trustees shall from time to time consult together to consider whether any loans or transfers should be made under this section; and in exercising their powers under this section the said two bodies of Trustees shall have regard to the desirability—

(a)of maintaining in the National Gallery a collection of pictures of established merit or significance,

(b)of maintaining in the Tate Gallery a collection of British pictures and a collection of modern pictures, and

(c)of securing that each picture is in that collection where it will be available and on view in the best context.

(3)Any dispute between the said two bodies of Trustees as to how their powers under this section should be exercised shall be referred to a committee constituted in accordance with the next following subsection who, in deciding the dispute, shall have regard to the principles laid down in subsection (2) of this section; and it shall be the duty of the said two bodies of Trustees to give effect to any decision of the committee on the reference of a dispute.

(4)The committee shall consist of—

(a)a chairman appointed by the Treasury after consultation with both bodies of Trustees,

(b)the director of the National Gallery and the director of the Tate Gallery, and

(c)two persons to be nominated by each of the said two bodies of Trustees from among themselves;

and neither of those directors nor any of those Trustees shall be qualified to be appointed, or to act as, chairman of the Committee.