Changes to laws on charities transferring objects will come into force this month, following previous delays, with some national museums and galleries exempted.
Implementation of ex gratia payment rule changes, which form the final two sections of the Charities Act 2022 yet to be introduced, was delayed after concerns were raised by the previous Conservative government.
Former charities minister Lord Kamall was concerned that the changes would remove oversight of trustees’ decisions to restitute an object such as the return of the Benin bronzes to Nigeria.
Then at the start of last year, former arts and heritage minister Lord Parkinson wrote to former Charity Commission chair Orlando Fraser to confirm the government’s plans to exclude overseas transfers of property from the laws, meaning charities would still need to seek approval.
It also revealed plans to exclude national museums and galleries from the provisions, meaning they would continue to be bound by their governing documents for transfers of all items.
After a further delay following the general election, the Labour government has now laid commencement regulations, confirming the exclusion of some charities such as the British Museum and Tate Gallery.
This will mean that certain museums and galleries and other institutions will continue to face the same restrictions on disposal of valuable items in their collections set in statute.
A spokesperson for the Charity Commission said: “The commission is prepared for the changes when they come into force next week and we will be publishing updated guidance to help trustees understand them.”
