Hampshire County Council

Executive Member - Recreation and Heritage Item 10

17 November 2005

Amendment to Current Acquisition and Disposal Policy

January 2002 - January 2007

Report of the Director of Recreation and Heritage

Contact: Alastair Penfold, ext 8 327 6708 e.mail: [email protected]

1. Introduction

1.1 The Museums Service is currently undergoing formal assessment for the Museums Accreditation Scheme (previously known as Registration).

1.2 In order to maintain its Accreditation/Registration status, the Museums Service is required to amend the standard wording of elements of its current Acquisition and Disposal Policy, formally adopted in 2002, by the incorporation of recently revised standards introduced by the Museums, Libraries and Archives Council (MLA).

1.3 It will therefore be necessary to provide evidence of adoption in the form of a signed minute.

2. Changes to the Existing Policy

2.1 The changes to the existing document, copies of which are enclosed for information, are as follows:

Page 4 Section 2 paragraph 2a-c to be replaced by the following.

Museum Accreditation: Acquisitions and Disposals Guidelines.

The following guidelines recommended by the Council for Museums, Libraries and Archives (MLA) will be observed as part of this policy.

a) Policy review procedure

The Acquisition and Disposal Policy will be published and reviewed from time to time, at least once every five years. The date when the policy is next due for review is January - May 2007.

The Regional Agency (SEMLAC) will be notified of any changes to the Acquisition and Disposal Policy, and the implications of any such changes for the future of existing collections.

b) Acquisition procedures

The museum will exercise due diligence and make every effort not to acquire, whether by purchase, gift, bequest or exchange, any object or specimen unless the governing body or responsible officer is satisfied that the museum can acquire a valid title to the item in question.

In particular, the museum will not acquire any object or specimen unless it is satisfied that the object or specimen has not been acquired in, or exported from, its country of origin (or any intermediate country in which it may have been legally owned) in violation of that country's laws. (For the purposes of this paragraph 'country of origin' includes the United Kingdom).

In accordance with the provisions of the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which the UK ratified with effect from November 1 2002, and the Dealing in Cultural Objects (Offences) Act 2003, the museum will reject any items that have been illicitly traded. The governing body will be guided by the national guidance on the responsible acquisition of cultural property issued by DCMS in 2005.

So far as biological and geological material is concerned, the museum will not acquire by any direct or indirect means any specimen that has been collected, sold or otherwise transferred in contravention of any national or international wildlife protection or natural history conservation law or treaty of the United Kingdom or any other country, except with the express consent of an appropriate outside authority.

The museum will not acquire archaeological antiquities (including excavated ceramics) in any case where the governing body or responsible officer has any suspicion that the circumstances of their recovery involved a failure to follow the appropriate legal procedures, such as reporting finds to the landowner or occupier of the land and to the proper authorities in the case of possible treasure as defined by the Treasure Act 1996 (in England, Northern Ireland and Wales) or reporting finds through the Treasure Trove procedure (in Scotland)

Any exceptions to the above clauses 8a. 8b, 8c, or 8e will only be because the museum is either:

· acting as an externally approved repository of last resort for material of local (UK) origin; or

· acquiring an item of minor importance that lacks secure ownership history but in the best judgement of experts in the field concerned has not been illicitly traded; or

· acting with the permission of authorities with the requisite jurisdiction in the country of origin; or

· in possession of reliable documentary evidence that the item was exported from its country of origin before 1970.

In these cases the museum will be open and transparent in the way it makes decisions and will act only with the express consent of an appropriate outside authority.

c) Spoliation

The museum has adopted the statement of principles 'Spoliation of Works of Art during the Nazi, Holocaust and World War 11 period', issued for non-national museums in 1999 by the Museums and Galleries Commission.

Repatriation and Restitution

The museum's governing body, acting on the advice of the museum's professional staff, if any, may take a decision to return human remains, objects or specimens to a country or people of origin. The museum will take such decisions on a case by case basis, within its legal position and taking into account all ethical implications.

Management of archives

As the museum holds/intends to acquire archives, including photographs and printed ephemera, its governing body will be guided by the Code of Practice on Archives for Museums and Galleries in the United Kingdom (3rd ed., 2002).

3. Financial Implications

There are no financial implications relating to the policy update.

Recommendation

That the amendments and updates to the Museums Acquisitions and Disposals Policy, 2002 -2007, are duly noted and formerly endorsed by the Executive Member for Recreation and Heritage.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published works.

2. Documents that disclose exempt or confidential information as defined in the Act.

Appendix

Current Policy elements for amendment

2. Museum Registration: Acquisition and Disposal Guidelines

· The following guidelines recommended by the Council for Museums, Libraries and Archives [Re:source] will be observed as part of this collecting policy.

a. HCCMS will not acquire, whether by purchase, gift, bequest, or exchange, any object or specimen unless the governing body or responsible officers are satisfied that the museum can acquire a valid title to the item in question, and that in particular it has not been acquired in, or exported from, its country of origin (or any intermediate country in which it may have been legally owned) in violation of that country's laws. (For the purpose of this paragraph `country of origin' includes the United Kingdom.)

b. So far as biological and geological material is concerned, the museum will not acquire by any direct or indirect means any specimen that has been collected, sold or otherwise transferred in contravention of any national or international wildlife protection or natural history conservation law or treaty of the United Kingdom or any other country, except with the express consent of an appropriate outside authority (e.g. a British court in the case of a specimen seized from a third party under the Protection of Birds Act).

c. So far as British or foreign archaeological antiquities (including excavated ceramics) are concerned, in addition to the safeguards under sub-paragraph c) above, the museum will not acquire objects in any case where the governing body or responsible officer has reasonable cause to believe that the circumstances of their recovery involved in the recent unscientific or intentional destruction or damage of ancient monuments or other known archaeological sites, or involved a failure to disclose the finds to the owner or occupier of the land, or to the proper authorities in the case of s possible treasure trove (England, Wales and Northern Ireland) or Bona Vacantia (Scotland).