• 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

    Events

  • Design Rights and Bright Lights: M&S wins appeal over Aldi's bottle design

    Mary Bagnall

    Insights

  • Nick Hurley writes for People Management on the Liberal Democrats’ employment law proposals ahead of the General Election

    Nick Hurley

    In the Press

  • Gaining insights on forfeiture - Estates Gazette Q&A

    Emma Preece

    Insights

  • Changes to the time limits for enforcement

    Titilope Hassan

    Insights

  • Briefing Magazine quotes Joe Cohen in an article about process improvement in law

    Joe Cohen

    In the Press

  • Property Patter: Pre-Election Special

    Emma Humphreys

    Podcasts

  • London Property Market Prediction: Where and why are Chinese buyers buying residential properties in London in the next 12 months?

    Simon Green

    Insights

  • Sarah Jane Boon quoted on the front page of The Times in relation to ONS marriage figures for England and Wales

    Sarah Jane Boon

    In the Press

  • Property Patter: Hotels

    Naomi Nettleton

    Podcasts

  • Employment Law & Worker Rights – The Labour Manifesto

    Nick Hurley

    Insights

  • Nick White and Sarah Johnson write for City AM on how Rule 40 affects marketing around the 2024 Olympic Games

    Nick White

    In the Press

  • Nick Hurley writes for People Management on the Conservatives' employment law proposals ahead of the General Election

    Nick Hurley

    In the Press

  • Is a Big Mac meat or chicken? Thoughts on the recent General Court decision

    Charlotte Duly

    Quick Reads

  • Tortious liability: Supreme Court brings relief for directors

    Olivia Gray

    Insights

  • Stephen Burns and Katie Bewick write for New Law Journal on shareholders’ rights after Zedra

    Stephen Burns

    In the Press

  • Rhys Novak writes for Solicitors Journal on what legal advisors need to know about dawn raids

    Rhys Novak

    In the Press

  • Employment Law & Worker Rights - The Conservative Party’s Manifesto

    Nick Hurley

    Insights

  • "Has anyone seen my cat?" - Pet-Nups and Pet Disputes between Unmarried Couples

    Jessie Davies

    Quick Reads

  • Employment Law & Worker Rights - The Liberal Democrats Manifesto

    Nick Hurley

    Insights

Back to top