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Other Bills before Parliament

Museums and Galleries Bill


Museums and Galleries Bill

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A

Bill

To

Provide for the trustees or board of certain museums and galleries and the

Secretary of State to reach agreements relating to the return of objects or

human remains, to the exchange of cultural objects or to international cultural

co-operation; to enable the Secretary of State to make proposals for

agreements and to issue directions in respect of agreements reached by him; to

make provision arising from cases in which parties to an agreement in a

country other than the United Kingdom are held not to have complied with

the terms of an agreement; to provide for relevant museums and galleries to

dispose of objects or human remains in their collections in pursuance of

agreements or directions; to exempt exports of objects in pursuance of an

agreement from cultural export controls; and for connected purposes.                                                                            

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Agreements, proposals and directions

 1     Relevant museums and galleries

The provisions of this Act shall apply to the following museums and galleries

in the United Kingdom—

           (a)           the Armouries;

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           (b)           the British Museum;

           (c)           the Imperial War Museum;

           (d)           the National Gallery;

           (e)           the National Maritime Museum;

           (f)           the National Museums and Galleries on Merseyside;

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           (g)           the National Portrait Gallery;

           (h)           the Natural History Museum;

           (i)           the Science Museum;

           (j)           the Tate Gallery;

           (k)           the Victoria and Albert Museum.

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Bill 15153/2
 
 

Museums and Galleries Bill

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 2     Purposes of agreements

     (1)    An agreement may be reached by the trustees or board of a relevant museum

or gallery or by the Secretary of State for one of the purposes specified in

subsections (2) to (6).

     (2)    The first purpose is the transfer of ownership of an object in the collection of

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the relevant museum or gallery to a claimant in a case in which the Spoliation

Advisory Panel recommends such transfer as an appropriate remedy.

     (3)    The second purpose is the return of an object in the collection of the relevant

museum or gallery to the originating community or its successors for display

or access in a museum or gallery, or for use in accordance with the traditions,

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observances, customs and beliefs of the originating community or its

successors.

     (4)    The third purpose is the transfer of human remains in the collection of the

relevant museum or gallery for display or access in a museum or for treatment,

burial or disposal in accordance with the traditions, observances, customs and

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beliefs of the relevant community or its successors.

     (5)    The fourth purpose is an exchange of cultural objects.

     (6)    The fifth purpose is international cultural co-operation.

     (7)    No agreement may involve the sale by a relevant museum or gallery of any

object in its collection.

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 3     Other parties to agreements

     (1)    An agreement for the purpose specified in section 2(2) shall be reached by the

trustees or board of the relevant museum or gallery or by the Secretary of State

with a claimant.

     (2)    An agreement, other than an agreement for the purpose specified in section

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2(2), may be reached by the trustees or board of the relevant museum or gallery

or by the Secretary of State with—

           (a)           the Government of, or a public institution in, the country other than the

United Kingdom to which it is proposed that an object be transferred or

in which the museum or gallery that it is proposed will receive the

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benefit is located, or

           (b)           a museum or gallery in the country other than the United Kingdom to

which it is proposed that an object be transferred or that it is proposed

will receive the benefit.

     (3)    An agreement for the purpose specified in section 2(3) may be reached by the

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trustees or board of the relevant museum or gallery or by the Secretary of State

with a person or organisation considered by the trustees or board of the

relevant museum or gallery or the Secretary of State (as the case may be) to be

an appropriate representative of the originating community or its successors.

     (4)    An agreement for the purpose specified in section 2(4) may be reached by the

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trustees or board of the relevant museum or gallery or by the Secretary of State

with a person or organisation considered by the trustees or board of the

relevant museum or gallery or the Secretary of State (as the case may be) to be

an appropriate representative of the relevant community or its successors.

 

 

Museums and Galleries Bill

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 4     Terms of agreements

     (1)    An agreement reached under this Act shall be made in writing and shall

specify—

           (a)           any object or human remains that are to be transferred from the

relevant museum or gallery,

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           (b)           the place or person to which any object or human remains specified in

paragraph (a) is to be transferred,

           (c)           any benefit that the relevant museum or gallery is to provide,

           (d)           the museum or gallery in a country other than the United Kingdom to

which any benefit specified in paragraph (c) is to be provided,

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           (e)           any cultural object that is to be transferred to the relevant museum or

gallery,

           (f)           any benefit that is to be provided to the relevant museum or gallery,

           (g)           the period, commencing with the effective date, within which any

transfer specified in the agreement is to take place or within which any

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benefit specified in the agreement is to be provided.

     (2)    An agreement shall be governed by the law of England and Wales.

 5     Consultation by trustees or board on proposed agreements

     (1)    When the trustees or board of a relevant museum or gallery propose to reach

an agreement under this Act, they shall publish a summary of the terms of the

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proposed agreement and shall invite comments on the proposed agreement

from—

           (a)           members of any membership organisation operated by the museum or

gallery,

           (b)           other interested organisations identified by the trustees or board, and

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           (c)           members of the public.

     (2)    The trustees or board may not reach any agreement until they have published

a summary of comments invited in accordance with subsection (1) that have

been received by the trustees or board within a period of sixty days after the

publication of the summary of the terms of the proposed agreement.

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 6     Agreements by trustees or board

     (1)    The trustees or board of a relevant museum or gallery may not reach any

agreement for the purposes specified in section 2(5) or (6) which involves the

transfer of an object from its collection unless they are satisfied that the

following conditions will be met when the object has been transferred to the

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country other than the United Kingdom specified in the agreement—

           (a)           that the object will be held in secure conditions and be subject to

appropriate care;

           (b)           that the object will be appropriately displayed;

           (c)           that appropriate arrangements will be made for access to the object by

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scholars, researchers and visitors; and

           (d)           that the object will not be sold or otherwise disposed of following

transfer.

     (2)    The trustees or board of a relevant museum or gallery shall publish any

agreement reached by them as soon as is practicable after the agreement is

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reached.

 

 

Museums and Galleries Bill

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 7     Proposals by Secretary of State

     (1)    The Secretary of State may make proposals to the trustees or board of a relevant

museum or gallery relating to a possible agreement.

     (2)    Any proposal made under this section shall be made in writing and shall

specify the proposed terms of the agreement in accordance with section 4(1).

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     (3)    The Secretary of State may not make any proposal under this section for the

purposes specified in section 2(5) or (6) which proposes the transfer of an object

from the collection of the relevant museum or gallery unless he is satisfied that

the conditions specified in section 6(1) will be met when the object has been

transferred to the country other than the United Kingdom specified in the

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proposal.

     (4)    When the Secretary of State makes a proposal under this section, he shall

publish a summary of the terms of the proposal and shall invite comments on

the proposal from—

           (a)           members of any membership organisation operated by the relevant

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museum or gallery,

           (b)           other interested organisations identified by the Secretary of State, and

           (c)           members of the public.

 8     Responses by trustees or board to proposals

     (1)    When the Secretary of State makes a proposal under section 7, the trustees or

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board in receipt of the proposal shall respond in writing within a period of six

months.

     (2)    The response from the trustees or board shall specify whether or not they have

reached an agreement relating to the matters specified in the proposal.

     (3)    If the trustees or board have not reached an agreement relating to the matters

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specified in the proposal, the response shall state the views of the trustees or

board on—

           (a)           the reasons why no such agreement has been reached,

           (b)           the prospects of reaching such an agreement within a period of six

months from the date of the response, and

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           (c)           the reasons for the views given in accordance with paragraph (b).

 9     Agreements by Secretary of State

     (1)    The Secretary of State may not reach an agreement under this Act unless the

conditions specified in subsections (2) to (5) are satisfied.

     (2)    The first condition is that the Secretary of State has made a proposal under

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section 7.

     (3)    The second condition is that the trustees or board of the relevant museum or

gallery have not reached an agreement relating to the matters specified in the

proposal and have responded to the Secretary of State accordingly.

     (4)    The third condition is that the Secretary of State has published a summary of

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comments invited in accordance with section 7(4) that have been received by

him within a period of sixty days after the publication of the summary of the

proposal.

 

 

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     (5)    The fourth condition is that the Secretary of State is not satisfied that—

           (a)           an agreement was not reached by the trustees or board of the relevant

museum or gallery for good reason, or

           (b)           there is good reason to believe that an agreement will be reached by the

trustees or board of the relevant museum or gallery in a period of six

5

months from the date of the response,

            provided that this condition is satisfied if paragraph (b) applied but no

agreement has been reached by the trustees or board of the relevant museum

or gallery after a period of six months from the date of the response and he is

not satisfied that such an agreement was not reached by the trustees or board

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of the relevant museum or gallery for good reason.

     (6)    The Secretary of State may not reach an agreement for the purposes specified

in section 2(5) or (6) which proposes the transfer of an object from the collection

of the relevant museum or gallery unless he is satisfied that the conditions

specified in section 6(1) will be complied with in respect of the agreement.

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     (7)    The Secretary of State shall lay any agreement reached under this section

before Parliament.

     (8)    An agreement under this section shall cease to have effect if no direction under

section 10 relating to the agreement has come into force within a period of six

months from the date on which the agreement was reached.

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 10    Directions

     (1)    When the Secretary of State reaches an agreement under section 9, he shall

issue a direction to the trustees or board of the relevant museum or gallery

specifying the terms of the agreement to which the direction relates in

accordance with section 4(1).

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     (2)    The Secretary of State shall lay any direction issued under subsection (1) before

Parliament.

     (3)    No direction shall come into force unless it has been approved by a resolution

of each House of Parliament.

 11    Non-compliance with agreements by certain parties

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     (1)    Where the trustees or board of the relevant museum or gallery believes that a

party to an agreement reached under this Act in a country other than the

United Kingdom has not complied with the terms of the agreement, they shall

make a report of their belief and the reasons for it to the Secretary of State.

     (2)    Where the Secretary of State believes that a party to an agreement reached

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under this Act in a country other than the United Kingdom has not complied

with the terms of the agreement, either as the result of a report under

subsection (1) or otherwise, he shall lay before Parliament a report of his belief

and the reasons for it.

     (3)    The trustees or board of the relevant museum or gallery shall not be required

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to comply with the terms of an agreement that is the subject of a report laid

before Parliament under subsection (2) or with the terms of a direction issued

by the Secretary of State in respect of an agreement that is the subject of a report

laid before Parliament under subsection (2).

 

 

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     (4)    No agreement may be reached under this Act, no proposal may be made under

section 7, no direction may be issued under section 10 and no direction

prviously made under section 10 that has not come into force may come into

force relating to a country specified in a report under subsection (2) for a period

of two years after the relevant report has been laid before Parliament.

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Amendments of other Acts, etc

 12    Amendments of Imperial War Museum Act 1920

     (1)    The Imperial War Museum Act 1920 (c. 16) is amended as follows.

     (2)    In section 2 (powers and duties of Board)—

           (a)           after subsection (1)(c), there is inserted—

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                        “(cc)                           dispose of any object belonging to the Museum in

accordance with the provisions of an agreement reached

by the Board under section 6 (agreements by trustees or

board) of the Museums and Galleries Act 2003 or of a

direction received by the Board that has come into force

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under section 10 (directions) of that Act;”; and

           (b)           after subsection (1), there is inserted—

                  “(1A)                    The Board shall comply with the provisions of a direction

received by the Board that has come into force under section 10

of the Museums and Galleries Act 2003 (directions) and may

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make such rules as they think necessary for securing

compliance.”

 13    Amendments of National Maritime Museum Act 1934

     (1)    The National Maritime Museum Act 1934 (c. 43) is amended as follows.

     (2)    In section 2 (establishment of Board of trustees and duties of the Board)—

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           (a)           after subsection (3)(b), there is inserted—

                        “(bb)                           dispose of any object vested in them for the purposes of

the Museum in accordance with the provisions of an

agreement reached by the Board under section 6

(agreements by trustees or board) of the Museums and

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Galleries Act 2003 or of a direction received by the Board

that has come into force under section 10 (directions) of

that Act;”; and

           (b)           after subsection (3), there is inserted—

                  “(4)                    The Board shall comply with the provisions of a direction

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received by the Board that has come into force under section 10

of the Museums and Galleries Act 2003 (directions) and may

make such rules as they think necessary for securing

compliance.”

 14    Amendments of British Museum Act 1963

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     (1)    The British Museum Act 1963 (c. 24) is amended as follows.

 

 

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     (2)    After section 5 there is inserted—

       “5A            Powers and duties of British Museum Trustees under the Museums

and Galleries Act 2003

           (1)           The Trustees of the British Museum may dispose of any object vested

in them and comprised in their collections in accordance with the

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provisions of an agreement reached by the Trustees under section 6

(agreements by trustees or board) of the Museums and Galleries Act

2003 or of a direction received by the Board that has come into force

under section 10 (directions) of that Act.

           (2)           The Trustees shall comply with the provisions of a direction received

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by them that has come into force under section 10 of the Museums and

Galleries Act 2003 (directions) and may make such rules as they think

necessary for securing compliance.”

     (3)    After section 8 there is inserted—

       “8A            Powers and duties of Natural History Trustees under the Museums

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and Galleries Act 2003

           (1)           The Natural History Trustees may dispose of any object vested in them

and comprised in their collections in accordance with the provisions of

an agreement reached by the Trustees under section 6 (agreements by

trustees or board) of the Museums and Galleries Act 2003 or of a

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direction received by the Board that has come into force under section

10 (directions) of that Act.

           (2)           The Trustees shall comply with the provisions of a direction received

by them that has come into force under section 10 of the Museums and

Galleries Act 2003 (directions) and may make such rules as they think

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necessary for securing compliance.”

 15    Amendments of National Heritage Act 1983

     (1)    The National Heritage Act 1983 (c. 47) is amended as follows.

     (2)    In section 6(3) (acquisition and disposal of objects), after paragraph (c), there is

inserted—

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                  “(cc)                    the disposal is an exercise of a power or duty conferred by

section 6A, or”.

     (3)    After section 6, there is inserted—

       “6A            Powers and duties of Board of Trustees of the Victoria and Albert

Museum under the Museums and Galleries Act 2003

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           (1)           The Board may dispose of any object the property in which is vested in

them and which is comprised in their collections in accordance with the

provisions of an agreement reached by the Board under section 6

(agreements by trustees or board) of the Museums and Galleries Act

2003 or of a direction received by the Board that has come into force

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under section 10 (directions) of that Act.

           (2)           The Board shall comply with the provisions of a direction received by

them that has come into force under section 10 of the Museums and

Galleries Act 2003 (directions) and may make such rules as they think

necessary for securing compliance.”

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