New UK law makes restitution easier-but excludes national museums, including the British Museum

"Provisions to the Charities Act 2022 (sections 15 and 16) will come into force today (27 November) announced Stephanie Peacock, the parliamentary under-secretary of state at the UK Department for Culture, Media and Sport (DCMS), providing some museum trustees with an easier way of returning cultural objects to communities of origin. For non-national museums established as charities, the legislation allows for authorisation of transferring property on a "moral basis" (known as an ex gratia transfer or payment)."

"Alexander Herman, the director of the Institute of Art & Law, explains in a blog dating from 2022 how the legislation works: "The principal legislation affecting charities in England and Wales is the Charities Act 2011. Currently, under section 106, charity trustees have the ability to seek authorisation from the Charity Commission if they feel compelled by a moral obligation to make a transfer of charity property. Such transfers are known as ex gratia payments.""

Sections 15 and 16 of the Charities Act 2022 come into force on 27 November, enabling some museum trustees to return cultural objects to communities of origin on moral grounds. Non-national museums established as charities can obtain authorisation to transfer property on a "moral basis" via ex gratia transfers or payments. The ex gratia principle has been used in restitution cases, including the Horniman Museum and Gardens and Jesus College, Cambridge, which applied in 2021 to transfer Benin bronzes to Nigeria. Sixteen DCMS-funded national museums, including the British Museum, Tate and the National Gallery, are explicitly excluded due to statutory restrictions. Under the Charities Act 2011, section 106 permits trustees to seek Charity Commission approval for transfers made from a moral obligation, termed ex gratia payments.

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