Holocaust (Return of Cultural Objects) Act 2009

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Holocaust (Return of Cultural Objects) Act 2009 [1]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to confer power to return certain cultural objects on grounds relating to events occurring during the Nazi era.
Citation 2009 c. 16
Introduced by Andrew Dismore [2]
Territorial extent  England and Wales and Scotland [3]
Dates
Royal assent 12 November 2009
Other legislation
Amended by Holocaust (Return of Cultural Objects) (Amendment) Act 2019
Status: Amended
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Holocaust (Return of Cultural Objects) Act 2009 (c. 16) is an Act of the Parliament of the United Kingdom. Its purpose is to confer, on certain national institutions, a power that was already possessed by other museums to return to their rightful owners cultural objects unlawfully acquired during the Nazi era. [4] It was introduced into Parliament as the Holocaust (Stolen Art) Restitution Bill. [5] The Bill was amended to give it a different name.

Contents

Sections 1 to 3

These sections came into force on 13 January 2010. [6]

Section 1 provides that the Act applies to:

Section 2 authorises those bodies to transfer objects from their collections if the Advisory Panel has recommended that transfer and the Secretary of State has approved that recommendation. (The bodies in question were previously prohibited by statute from doing this). [7]

Section 3 defines the expression "Advisory Panel". The explanatory notes to the Act said that the Government intended to designate the Spoliation Advisory Panel as the Advisory Panel for the purpose of this Act. [8] That body, created in 2000 as a non-departmental public body under the Department for Culture, Media and Sport, retained its designation under the 2009 Act after it was reconstituted in April 2010 as an expert group (under the same name).

Section 4 - Short title, extent, commencement and sunset

This section came into force on 12 November 2009. [9]

Section 4(1) authorises the citation of this Act by a short title.

Section 4(3) confers a power on the Secretary of State to appoint the day on which sections 1 to 3 of the Act come into force. This power was fully exercised by the Holocaust (Return of Cultural Objects) Act 2009 (Commencement) Order 2010 (S.I. 2010/50 (C.8)).

Section 4(7) was a sunset clause. It provided that the Act would have expired at the end of the period of ten years which began on the day it was passed. This clause was repealed under the Holocaust (Return of Cultural Objects) (Amendment) Act 2019.

Application of the Holocaust (Return of Cultural Objects) Act 2009

Since the implementation of the Holocaust Act, the Advisory Panel has considered twenty-two claims for the restitution of artefacts and objects. [10] Despite the numerous Advisory Panel's recommendations, the act has only been successfully applied once. [11] This is because the Advisory Panel is a non-binding institution and museums do not have to follow their recommendations. The details of these claims can be seen in the following table :

InstitutionClaimantObject of the requestDateAdvisory Panel's recommendationInstitution decisionSource
Ashmolean MuseumJakob Goldschmidt's heirsPainting2006Rejected [12]
Ashmolean MuseumUnknownRenaissance Salt2014ApprovedRejected [13]
Ashmolean MuseumGerta Silberberg's estateGothic relief in ivory2016Rejected [14]
Bristol Museum and Art GalleryMargraf & Co GmbHOil painting2015Rejected [15]
British LibraryUnknownWooden tablet2014ApprovedRejected [16]
British LibraryMetropolitan Chapter of the Cathedral City of Benevento (Southern Italy)Beneventan Missal (renewed claim)2010ApprovedRejected [17]
British LibraryUnknownBeneventan Missal2005ApprovedRejected [18]
British MuseumUnknown14 clocks and watches2012Rejected [19]
British MuseumDr Arthur Feldmann's heirs4 drawings2006Rejected [20]
British MuseumMrs Bertha L. Gutmann of Caldwell (Heinrich Rothberger's niece and heir)Porcelain2008ApprovedRejected [21]
Burrell CollectionUnknownTapestry Fragment2014Rejected [22]
Burrell CollectionUnknownPainting2004ApprovedRejected [23]
Cecil Higgins Art GalleryMrs Budge's estate4 Nymphenburg figures2014ApprovedRejected [24]
Courtauld Institute of ArtHerbert Gutmann's descendantsOil sketch2010Rejected [25]
Courtauld Institute of ArtDr Curt Glaser's estate8 drawings2009Rejected [26]
Courtauld Institute of ArtFraz W. Koenigs of the Netherlands' granddaughter3 paintings2007Rejected [27]
Courtauld Institute of ArtDr Arthur Feldmann's heirs3 drawings2007Rejected [28]
Fitzwilliam MuseumMrs Bertha L. Gutmann of CaldwellPorcelain2008Rejected [29]
Tate GalleriesVictim's descendant (Unknown)Griffiers' painting 'A View of Hampton Court Palace'2001Rejected [30]
Tate GalleriesUnknownConstable painting2014ApprovedRejected [31]
Tate GalleriesBaron Hatvany's estateOil painting by John Constable 'Beaching a Boat, Brighton'2015ApprovedRejected [32]
Victoria and Albert MuseumEmma Budge's estate3 Meissen Figures2015ApprovedApproved [33]

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References

  1. The citation of this Act by this short title is authorised by section 4(1) of this Act.
  2. "Holocaust (Return of Cultural Objects) - Parliamentary Bills - UK Parliament".
  3. The Holocaust (Return of Cultural Objects) Act 2009, section 4(2)
  4. Explanatory notes, paragraph 6
  5. Holocaust (Return of Cultural Objects) (formerly known as Holocaust (Stolen Art) Restitution) Act 2009
  6. The Holocaust (Return of Cultural Objects) Act 2009 (Commencement) Order 2010 (S.I. 2010/50 (C.8)), article 2 (as read with section 4(3) of this Act).
  7. Explanatory notes, paragraph 4
  8. Explanatory notes, paragraph 14
  9. The Interpretation Act 1978, section 4(b)
  10. "Reports of the Spoliation Advisory Panel". GOV.UK. Retrieved 5 April 2021.
  11. "Report of the Spoliation Advisory Panel: 3 Meissen Figures in the Victoria and Albert Museum". GOV.UK. Retrieved 5 April 2021.
  12. "Report of the Spoliation Advisory Panel: Painting in the Ashmolean Museum". GOV.UK. Retrieved 22 April 2021.
  13. "Report of the Spoliation Advisory Panel: Salt in the Ashmolean". GOV.UK. Retrieved 22 April 2021.
  14. "Report of the Spoliation Advisory Panel in respect of a Gothic relief in ivory, now in the possession of the Ashmolean Museum, Oxford". GOV.UK. Retrieved 22 April 2021.
  15. "Report by the Spoliation Advisory Panel: Oil painting in Bristol Museum and Art Gallery". GOV.UK. Retrieved 22 April 2021.
  16. "Report of the Spoliation Advisory Panel: Wooden tablet in the British Library". GOV.UK. Retrieved 22 April 2021.
  17. "Report of the Spoliation Advisory Panel: Renewed claim for the Beneventan Missal in the British Library". GOV.UK. Retrieved 22 April 2021.
  18. "Report of the Spoliation Advisory Panel: Beneventan Missal in the British Library". GOV.UK. Retrieved 22 April 2021.
  19. "Report of the Spoliation Advisory Panel: 14 clocks and watches in the British Museum". GOV.UK. Retrieved 22 April 2021.
  20. "Report of the Spoliation Advisory Panel: Four drawings in the British Museum". GOV.UK. Retrieved 22 April 2021.
  21. "Spoliation Advisory Panel report: Porcelain in the British Museum and the Fitzwilliam Museum". GOV.UK. Retrieved 22 April 2021.
  22. "Report of the Spoliation Advisory Panel: Tapestry fragment in the Burrell Collection". GOV.UK. Retrieved 22 April 2021.
  23. "Report of the Spoliation Advisory Panel: A painting now in the possession of Glasgow City Council". GOV.UK. Retrieved 22 April 2021.
  24. "Report of the Spoliation Advisory Panel: Porcelain figures in the Cecil Higgins Art Gallery". GOV.UK. Retrieved 22 April 2021.
  25. "Report of the Spoliation Advisory Panel: Oil sketch in the Courtauld Institute of Art". GOV.UK. Retrieved 22 April 2021.
  26. "Report of the Spoliation Advisory Panel: 8 Drawings in the Courtauld Institute of Art". GOV.UK. Retrieved 22 April 2021.
  27. "Report of the Spoliation Advisory Panel: Three paintings in the Courtauld Institute of Art". GOV.UK. Retrieved 22 April 2021.
  28. "Report of the Spoliation Advisory Panel: Three drawings in the Courtauld Institute of Art". GOV.UK. Retrieved 22 April 2021.
  29. "Spoliation Advisory Panel report: Porcelain in the British Museum and the Fitzwilliam Museum". GOV.UK. Retrieved 22 April 2021.
  30. "Report of the Spoliation Advisory Panel: Griffier painting in the Tate Gallery". GOV.UK. Retrieved 22 April 2021.
  31. "Report of the Spoliation Advisory Panel: Constable painting in the Tate Gallery". GOV.UK. Retrieved 22 April 2021.
  32. "Supplementary Report of the Spoliation Advisory Panel in respect of an oil Painting by John Constable 'Beaching a Boat, Brighton'". GOV.UK. Retrieved 22 April 2021.
  33. "Report of the Spoliation Advisory Panel: 3 Meissen Figures in the Victoria and Albert Museum". GOV.UK. Retrieved 22 April 2021.