• insights-banner

    In the Press

The Art Net quotes Petra Warrington on how the Charities Act will impact restitution cases

A new law in England and Wales will give national museums significantly more power to deaccession works and make progress on restitution cases.

The Charities Act 2022, which is expected to come into force this autumn, allows charities—including national museums—to dispose of objects where there is a compelling moral obligation to do so. Museums had previously been limited by the National Heritage Act 1983.

Petra Warrington, Senior Associate, provides comment for Art Net:

"The Charities Act 2022 is designed to give trustees more flexibility to manage charities effectively.  They will not have a big impact on charities’ daily operations but simplify certain areas of regulation.

‘Ex gratia’ payments are currently subject to strict rules which will be relaxed so that certain small ‘ex gratia’ payments, where a moral obligation can be demonstrated, will no longer require Charity Commission approval. All such payments will still need to be reported as required under the Charities Statement of Recommended Practice (Charities SORP). This is expected to be implemented in autumn 2022.

These ‘ex gratia’ payments could extend to the return of objects from a museum’s collection, where that museum is regulated by the Charity Commission.

Given the growing increase in moral and political pressure on museums and their trustees to “do the right thing”, this new legislation provides new avenues for trustees to explore helping them to find solutions where originally the law had not provided a legal framework for restitution.  It is a very positive development."

Read the full article in Art Net here.

Our thinking

  • IBA Annual Conference 2024

    Charlotte Ford


  • LIDW: Is arbitration an effective process for disputes involving state interests: a panel discussion of concerns raised in Nigeria v. P&IDL [2023] EWHC 2638

    Richard Kiddell


  • LIDW: An Era of Constant Change – an event to explore the General Counsel’s role in delivering sustainable growth whilst managing global ESG risks

    Caroline Greenwell


  • LIDW: Liability imposed on UK Directors and how to mitigate the risks

    Claudine Morgan


  • Property Patter - Great Estates Miniseries - part 1

    Cara Imbrailo


  • The Telegraph quotes Dominic Lawrance on Labour’s proposed expansion of rules governing trusts

    Dominic Lawrance

    In the Press

  • How is trust reporting under the Register of Overseas Entities changing after 4 June 2024?

    Jack Carter


  • Relocation to Italy: Italian Lump Sum Tax Regime

    Nicola Saccardo


  • The Law Society Gazette and CDR Magazine quote Caroline Greenwell on the LIBOR appeal

    Caroline Greenwell

    In the Press

  • Charles Russell Speechlys advises long standing client AgDevCo on its equity investment in Agris

    Adrian Mayer


  • The UK government updates on timings for Sustainability Disclosure Requirements components

    Megan Gray

    Quick Reads

  • Consequences of Disobeying Court Orders?

    Stephen Chan


  • Disputes Matters: International Arbitration

    Thomas R. Snider


  • CDR Magazine quotes Stewart Hey on the cum-ex scandal

    Stewart Hey

    In the Press

  • Using Generative AI and staying on the right side of the law

    Rebecca Steer


  • World Trademark Review quotes Charlotte Duly on a recent Supreme Court director liability ruling

    Charlotte Duly

    In the Press

  • FE News quotes Adam Kyte on the MAC's review of the graduate visa route

    Adam Kyte

    In the Press

  • The Building Safety Act 2022 – Considerations for Real Estate Lenders

    James Walton


  • The Guardian and City AM quote Ashwin Pillay on Anglo American rejecting a second takeover bid from BHP

    Ashwin Pillay

    In the Press

  • FT Ignites Europe quotes Anne-Marie Balfour on working hours and potential disputes

    Anne-Marie Balfour

    In the Press

Back to top