Holocaust (Return of Cultural Objects) Act 2009

Bodies to which this Act applies

1

This Act applies to the following bodies—

• The Board of Trustees of the Armouries,

• The British Library Board,

• The Trustees of the British Museum,

• The Trustees of the Imperial War Museum,

• The Board of Trustees for the National Galleries of Scotland,

• The Board of Trustees of the National Gallery,

• The National Library of Scotland

• The Trustees of the National Maritime Museum,

• The Board of Trustees of the National Museums and Galleries on Merseyside,

• The Board of Trustees of the National Museums of Scotland,

• The Board of Trustees of the National Portrait Gallery,

• The Trustees of the Natural History Museum,

• The Board of Trustees of the Royal Botanic Gardens, Kew,

• The Board of Trustees of the Science Museum,

• The Board of Trustees of the Tate Gallery,

• The Board of Trustees of the Victoria and Albert Museum,

• The Board of Trustees of the Wallace Collection.

Power to return victims’ property

2

• (1) A body to which this Act applies may transfer an object from its collections if the following conditions are met.

• (2) Condition 1 is that the Advisory Panel has recommended the transfer.

• (3) Condition 2 is that the Secretary of State has approved the Advisory Panel's recommendation.

• (4) The Secretary of State may approve a recommendation for the transfer of an object from the collections of a Scottish body only with the consent of the Scottish Ministers.

• (5) “Scottish body” means—

• The Board of Trustees for the National Galleries of Scotland,

• The National Library of Scotland,

• The Board of Trustees of the National Museums of Scotland.

• (6) The power conferred by subsection (1) does not affect any trust or condition subject to which any object is held.

• (7) The power conferred by subsection (1) is an additional power.

“Advisory Panel”

3

• (1) For the purposes of this Act “Advisory Panel” means a panel for the time being designated by the Secretary of State for those purposes.

• (2) The Secretary of State may designate a panel for the purposes of this Act only if the panel's functions consist of the consideration of claims which—

• (a) are made in respect of objects, and

• (b) relate to events occurring during the Nazi era.

• (3) “Nazi era” means the period—

• (a) beginning with 1 January 1933, and

• (b) ending with 31 December 1945.

Short title, extent, commencement and sunset

4

• (1) This Act may be cited as the Holocaust (Return of Cultural Objects) Act 2009.

• (2) This Act extends to—

• (a) England and Wales, and

• (b) Scotland.

• (3) The preceding sections of this Act come into force on such day as the Secretary of State may by order appoint.

• (4) An order may make different provision for different purposes.

• (5) Before appointing a day for the coming into force of the preceding sections of this Act so far as they relate to Scottish bodies the Secretary of State must consult the Scottish Ministers.

• (6) “Scottish body” has the meaning given by section 2(5).

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bodies to which this Act applies

Editorial notes

[^key-62b3b0bda2a0dc2d62b501476a8e13ff]: S. 1 in force at 13.1.2010 by S.I. 2010/50 , art. 2

[^key-d9b8f7a1aa1c5525526706e6e3bf3aff]: S. 2 in force at 13.1.2010 by S.I. 2010/50 , art. 2

[^key-ae04480525880ba6bf2a8749e97970bb]: S. 3 in force at 13.1.2010 by S.I. 2010/50, art. 2

[^key-3507b838b3144ea5868cb1186d25d6e0]: Words in s. 1 substituted (1.2.2013) by National Library of Scotland Act 2012 (asp 3), s. 12(3), sch. 2 para. 8(a); S.S.I. 2013/1, art. 2

[^key-057849eedf2af149c7571a1ede187478]: Words in s. 2(5) substituted (1.2.2013) by National Library of Scotland Act 2012 (asp 3), s. 12(3), Sch. 2 para. 8(b); S.S.I. 2013/1, art. 2

[^key-4cf19b69eff8be7e15a37614d60eb1fe]: Words in s. 4 heading substituted (4.7.2019) by Holocaust (Return of Cultural Objects) (Amendment) Act 2019 (c. 20), ss. 1(a), 2(2)

[^key-63424beda89fc2d6ceb1bb792fd46f96]: S. 4(7) omitted (4.7.2019) by virtue of Holocaust (Return of Cultural Objects) (Amendment) Act 2019 (c. 20), ss. 1(b), 2(2)