|
|
|
|
| |
|
(4) In
section 14(3) (acquisition and disposal of objects), after paragraph (c),
there
|
|
|
is inserted—
|
|
|
“(cc) the
disposal is an exercise of a power or duty conferred by
|
|
|
section
14A, or”.
|
|
|
(5) After
section 14, there is inserted—
|
5
|
|
“14A Powers
and duties of Board of Trustees of the Science Museum under
|
|
|
the Museums and Galleries Act 2003
|
|
|
(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
|
10
|
|
(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
Board shall comply with the provisions of a direction received by
|
|
|
them
that has come into force under section 10
of the Museums and
|
15
|
|
Galleries
Act 2003 (directions) and may make such rules as they think
|
|
|
necessary
for securing compliance.”
|
|
|
(6) In
section 20(3) (acquisition and disposal of objects), after paragraph (c),
there
|
|
|
is inserted—
|
|
|
“(cc) the
disposal is an exercise of a power or duty conferred by
|
20
|
|
section
20A, or”.
|
|
|
(7) After
section 20, there is inserted—
|
|
|
“20A Powers
and duties of Board of Trustees of the Armouries under the
|
|
|
Museums and Galleries Act 2003
|
|
|
(1) The
Board may dispose of any object the property in which is vested in
|
25
|
|
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
|
|
|
under
section 10
(directions) of that Act.
|
30
|
|
(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.”
|
|
|
16 Amendments
of Merseyside Museums and Galleries Order 1986
|
35
|
|
(1) The
Merseyside Museums and Galleries Order 1986 (S.I. 1986/226) is amended
|
|
|
as follows.
|
|
|
(2) In
Article 6 (acquisition and disposal of works and objects), after paragraph
|
|
|
(2)(c), there is inserted—
|
|
|
“(cc) the
disposal is an exercise of a power or duty conferred by
|
40
|
|
Article
6A, or”.
|
|
| |
|
|
|
|
|
|
|
| |
|
(3) After
Article 6, there is inserted—
|
|
|
“6A Powers
and duties of Board under the Museums and Galleries Act
|
|
|
2003
|
|
|
(1) The
Board may dispose of any object in the collections in accordance
|
|
|
with
the provisions of an agreement reached by the Board under
|
5
|
|
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
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
|
10
|
|
Galleries
Act 2003 (directions) and may make such rules as they think
|
|
|
necessary
for securing compliance.”
|
|
|
17 Amendments
of Museums and Galleries Act 1992
|
|
|
(1) The
Museums and Galleries Act 1992 (c. 44) is amended as follows.
|
|
|
(2) In
section 4 (acquisition and disposal of pictures and other objects)—
|
15
|
|
(a) in
subsection (3), at the end, there is inserted “or of a power or
duty
|
|
|
conferred by section 4A”;
|
|
|
(b) after
subsection (4)(a), there is inserted—
|
|
|
“(aa) the
disposal is an exercise of a power or duty conferred
|
|
|
by
section 4A”; and
|
20
|
|
(c) after
subsection (5)(a), there is inserted—
|
|
|
“(aa) the
disposal is an exercise of a power or duty conferred
|
|
|
by
section 4A”.
|
|
|
(3) After
section 4, there is inserted—
|
|
|
“4A Powers
and duties under the Museums and Galleries Act 2003
|
25
|
|
(1) The
National Gallery Board, the Tate Gallery Board and the National
|
|
|
Portrait
Gallery Board may dispose of a relevant object the property in
|
|
|
which
is vested in them and which is comprised in their collection in
|
|
|
accordance
with the provisions of an agreement reached by the Board
|
|
|
under
section 6
(agreements by trustees or board) of the Museums and
|
30
|
|
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
National Gallery Board, the Tate Gallery Board and the National
|
|
|
Portrait
Gallery Board shall comply with the provisions of a direction
|
|
|
received
by them that has come into force under section 10
of the
|
35
|
|
Museums
and Galleries Act 2003 (directions) and may make such rules
|
|
|
as
they think necessary for securing compliance.”
|
|
|
Export controls
|
|
|
18 Exemption
from controls on export of objects of cultural interest
|
|
|
The export of an object from the United
Kingdom in pursuance of an
|
40
|
|
agreement under this Act shall not be subject
to the provisions of any order
|
|
|
made by the Secretary of State under section
1 of the Export Control Act 2002
|
|
|
(c. 28) (export controls) for the purpose
specified in paragraph 5 of the
|
|
| |
|
|
|
|
|
|
|
| |
|
Schedule to that Act (prohibiting or regulating
the exportation of objects of
|
|
|
cultural interest).
|
|
|
Miscellaneous
|
|
|
19 Finance
|
|
|
The following
are to be paid out of money provided by Parliament—
|
5
|
|
(a) any
expenditure incurred by any Minister of the Crown under this Act;
|
|
|
(b) any
increase attributable to this Act in the sums payable out of money so
|
|
|
provided
under any other enactment.
|
|
|
20 Interpretation
|
|
|
In this Act—
|
10
|
|
“a
benefit” means—
|
|
|
(a) the
loan of a cultural object for a specified period to the museum
|
|
|
or gallery
in receipt of the benefit for public exhibition, or
|
|
|
(b) the
provision of any service or information which will assist the
|
|
|
museum or
gallery in receipt of the benefit with—
|
15
|
|
(i) the
care and preservation of any object in the collection of
|
|
|
the museum
or gallery,
|
|
|
(ii) the
promotion of the public’s enjoyment and
|
|
|
understanding
of any object in the collection,
|
|
|
(iii) the
provision of education, instruction and advice relating
|
20
|
|
to any object
in the collection,
|
|
|
(iv) research
relating to any object in the collection, or
|
|
|
(v) the
production and publication of any book, film or other
|
|
|
informative
material relating to any object in the collection;
|
|
|
“a
claimant” means a person making a claim considered by the Spoliation
|
25
|
|
Advisory
Panel;
|
|
|
“cultural
object” means any object which is in the collection of a relevant
|
|
|
museum or
gallery or which is of importance for archaeology,
|
|
|
prehistory,
history, literature, art or science and which belongs to any
|
|
|
of the following
categories—
|
30
|
|
(a) rare
collections and specimens of fauna, flora, minerals and
|
|
|
anatomy,
and objects of palaeontological interest;
|
|
|
(b) objects
relating to history, including the history of science and
|
|
|
technology
and military and social history, to the life of national
|
|
|
leaders,
thinkers, scientists and artists and to events of national
|
35
|
|
importance;
|
|
|
(c) products
of archaeological excavations (whether regular or
|
|
|
clandestine)
or of archaeological discoveries;
|
|
|
(d) elements
of historical monuments or archaeological sites which
|
|
|
have been
dismembered;
|
40
|
|
(e) antiquities
more than one hundred years old, such as
|
|
|
inscriptions,
coins and engraved seals;
|
|
|
(f) objects
of ethnological interest;
|
|
|
(g) objects
of artistic interest which are—
|
|
|
(i) pictures,
paintings and drawings produced entirely by
|
45
|
|
hand on
any support and in any material (excluding
|
|
| |
|
|
|
|
|
|
|
| |
|
industrial
designs and manufactured articles decorated by
|
|
|
hand);
|
|
|
(ii) original
works of statuary art and sculpture in any
|
|
|
material;
|
|
|
(iii) original
engravings, prints and lithographs;
|
5
|
|
(iv) original
artistic assemblages and montages in any
|
|
|
material;
|
|
|
(h) rare
manuscripts and incunabula, books more than one
|
|
|
hundred years
old, documents and publications of special
|
|
|
interest
(historical, artistic, scientific or literary), singly or in
|
10
|
|
collections;
|
|
|
(i) postage,
revenue and similar stamps, singly or in collections;
|
|
|
(j) archives,
including sound, photographic and cinematographic
|
|
|
archives;
|
|
|
(k) articles
of furniture and musical instruments more than one
|
15
|
|
hundred years
old;
|
|
|
“the
effective date” means—
|
|
|
(a) in
respect of an agreement reached by a relevant museum or
|
|
|
gallery,
the date of the agreement;
|
|
|
(b) in
respect of an agreement reached by the Secretary of State, the
|
20
|
|
date on which
the direction relating to the agreement comes
|
|
|
into force;
|
|
|
“an
exchange of cultural objects” means a process under which—
|
|
|
(a) a
relevant museum or gallery disposes of an object in its
|
|
|
collection
with the intention of the object being transferred to a
|
25
|
|
museum, gallery
or other specified holding place in a country
|
|
|
other than
the United Kingdom, and
|
|
|
(b) the
relevant museum or gallery disposing of an object in
|
|
|
accordance
with paragraph (a) is receiving a cultural object
|
|
|
from the
Government of, or a museum, gallery, public
|
30
|
|
institition
or person in, the country in which the museum,
|
|
|
gallery or
other specified holding place receiving the object
|
|
|
being transferred
in accordance with paragraph (a) is located;
|
|
|
“human
remains” means the whole or a part of the bodily remains of a
|
|
|
person, other
than an artefact made from any bodily material;
|
35
|
|
“international
cultural co-operation” means a process under which—
|
|
|
(a) a
relevant museum or gallery—
|
|
|
(i) disposes
of an object in its collection with the intention of
|
|
|
the object
being transferred to a museum, gallery or other
|
|
|
specified
holding place in a country other than the United
|
40
|
|
Kingdom,
or
|
|
|
(ii) provides
a benefit to a museum or gallery in a country
|
|
|
other than
the United Kingdom, and
|
|
|
(b) the
relevant museum or gallery—
|
|
|
(i) disposing
of an object in accordance with paragraph (a)(i)
|
45
|
|
is receiving
a benefit from a museum, gallery or public
|
|
|
institution
in the country in which the museum, gallery or
|
|
|
other specified
holding place receiving the object being
|
|
|
transferred
in accordance with paragraph (a)(i) is located,
|
|
|
or
|
50
|
|
(ii) providing
a benefit in accordance with paragraph (a)(ii) is
|
|
|
receiving
a cultural object from the Government of, or a
|
|
| |
|
|
|
|
|
|
|
| |
|
museum,
gallery, public institution or person in, the
|
|
|
country
in which the museum or gallery receiving the
|
|
|
benefit
in accordance with paragraph (a)(ii) is located, or a
|
|
|
benefit
from the Government of, or a museum, gallery,
|
|
|
public institution
or person in, the country in which the
|
5
|
|
museum or
gallery receiving the benefit in accordance
|
|
|
with paragraph
(a)(ii) is located;
|
|
|
“the
originating community or its successors” means a community which
|
|
|
the Secretary
of State or the trustees or board of the relevant museum
|
|
|
or gallery
consider created the object or is likely to include descendants
|
10
|
|
of those
who created the object;
|
|
|
“the
relevant community or its successors” means a community which the
|
|
|
Secretary
of State or the trustees or board of the relevant museum
|
|
|
consider
is likely to include lineal descendants of the person whose
|
|
|
human remains
are to be transferred;
|
15
|
|
“a
relevant museum or gallery” means a body specified in section 1;
|
|
|
“the
relevant museum or gallery” means a body specified in section 1
to
|
|
|
which an
agreement, proposed agreement or proposal relates;
|
|
|
“specified
holding place” means a building or location specified in an
|
|
|
agreement;
and
|
20
|
|
“the
Spoliation Advisory Panel” means the Panel first appointed by the
|
|
|
Secretary
of State in April 2000.
|
|
|
21 Short
title and commencement
|
|
|
(1) This
Act may be cited as the Museums and Galleries Act 2003.
|
|
|
(2) This
Act shall come into force on 1 December 2003.
|
25
|
| |
|
|
|
