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Museums and Galleries Bill


Museums and Galleries Bill

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     (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—

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       “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

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(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

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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

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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

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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.

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           (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

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     (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

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Article 6A, or”.

 

 

Museums and Galleries Bill

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     (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

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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

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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)—

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           (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

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           (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

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           (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

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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.

           (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

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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

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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

 

 

Museums and Galleries Bill

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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

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           (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—

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                      “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—

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                      (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

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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

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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—

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                  (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

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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;

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                  (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

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hand on any support and in any material (excluding

 

 

Museums and Galleries Bill

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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;

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                      (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

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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

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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

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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

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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

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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;

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                      “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

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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)

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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

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                      (ii)                    providing a benefit in accordance with paragraph (a)(ii) is

receiving a cultural object from the Government of, or a

 

 

Museums and Galleries Bill

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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

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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

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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;

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                      “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

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                      “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.

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Revised 17 July 2003