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Holocaust (Return of Cultural Objects) Act 2009

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Holocaust (Return of Cultural Objects) Act 2009[1]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to confer power to return certain cultural objects on grounds relating to events occurring during the Nazi era.
Citation2009 c. 16
Introduced byAndrew Dismore[2]
Territorial extent England and Wales and Scotland[3]
Dates
Royal assent12 November 2009
Other legislation
Amended byHolocaust (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Text of statute as originally enacted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.

Sections 1 to 3

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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

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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

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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 :

Institution Claimant Object of the request Date Advisory Panel's recommendation Institution decision Source
Ashmolean Museum Jakob Goldschmidt's heirs Painting 2006 Rejected [12]
Ashmolean Museum Unknown Renaissance Salt 2014 Approved Rejected [13]
Ashmolean Museum Gerta Silberberg's estate Gothic relief in ivory 2016 Rejected [14]
Bristol Museum and Art Gallery Margraf & Co GmbH Oil painting 2015 Rejected [15]
British Library Unknown Wooden tablet 2014 Approved Rejected [16]
British Library Metropolitan Chapter of the Cathedral City of Benevento (Southern Italy) Beneventan Missal (renewed claim) 2010 Approved Rejected [17]
British Library Unknown Beneventan Missal 2005 Approved Rejected [18]
British Museum Unknown 14 clocks and watches 2012 Rejected [19]
British Museum Dr Arthur Feldmann's heirs 4 drawings 2006 Rejected [20]
British Museum Mrs Bertha L. Gutmann of Caldwell (Heinrich Rothberger's niece and heir) Porcelain 2008 Approved Rejected [21]
Burrell Collection Unknown Tapestry Fragment 2014 Rejected [22]
Burrell Collection Unknown Painting 2004 Approved Rejected [23]
Cecil Higgins Art Gallery Mrs Budge's estate 4 Nymphenburg figures 2014 Approved Rejected [24]
Courtauld Institute of Art Herbert Gutmann's descendants Oil sketch 2010 Rejected [25]
Courtauld Institute of Art Dr Curt Glaser's estate 8 drawings 2009 Rejected [26]
Courtauld Institute of Art Fraz W. Koenigs of the Netherlands' granddaughter 3 paintings 2007 Rejected [27]
Courtauld Institute of Art Dr Arthur Feldmann's heirs 3 drawings 2007 Rejected [28]
Fitzwilliam Museum Mrs Bertha L. Gutmann of Caldwell Porcelain 2008 Rejected [29]
Tate Galleries Victim's descendant (Unknown) Griffiers' painting 'A View of Hampton Court Palace' 2001 Rejected [30]
Tate Galleries Unknown Constable painting 2014 Approved Rejected [31]
Tate Galleries Baron Hatvany's estate Oil painting by John Constable 'Beaching a Boat, Brighton' 2015 Approved Rejected [32]
Victoria and Albert Museum Emma Budge's estate 3 Meissen Figures 2015 Approved Approved [33]

References

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  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. 10 February 2016. 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.
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