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.Explanatory notes, paragraph 6 It was introduced into Parliament as the Holocaust (Stolen Art) Restitution Bill. The bill was amended to give it a different short title.
Sections 1 to 3 These sections came into force on 13 January 2010.The Holocaust (Return of Cultural Objects) Act 2009 (Commencement) Order 2010 (SI 2010/50 (C.8)), article 2 (as read with section 4(3) of this act).
Section 1 provides that the act applies to: The Board of Trustees of the Armouries The British Library Board The Trustees of the British Museum The Trustees of the Imperial War Museum The Board of Trustees for the National Galleries of Scotland The Board of Trustees of the National Gallery The Trustees of the National Library of Scotland The Trustees of the National Maritime Museum The Board of Trustees of the National Museums and Galleries on Merseyside The Board of Trustees of the National Museums of Scotland The Board of Trustees of the National Portrait Gallery The Trustees of the Natural History Museum The Board of Trustees of the Royal Botanic Gardens, Kew The Board of Trustees of the Science Museum The Board of Trustees of the Tate Gallery The Board of Trustees of the Victoria and Albert Museum The Board of Trustees of the Wallace Collection
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).Explanatory notes, paragraph 4
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.Explanatory notes, paragraph 14 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
This section came into force on 12 November 2009.The Interpretation Act 1978, section 4(b)
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 (SI 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 The Advisory Panel established by the act has considered twenty-five claims for the restitution of artefacts and objects. The claims were: +InstitutionClaimantObject of the requestDateAdvisory Panel's recommendationInstitution decisionSourceAshmolean MuseumJakob Goldschmidt's heirsPainting2006RejectedAshmolean MuseumUnknownRenaissance salt2014ApprovedApprovedAshmolean MuseumGerta Silberberg's estateGothic relief in ivory2016RejectedBristol Museum and Art GalleryMargraf & Co GmbHOil painting2015RejectedBritish LibraryUnknownBiccherna Panel (wooden tablet)2014ApprovedClaimants accepted compensation in lieu of returnBritish LibraryMetropolitan Chapter of the Cathedral City of Benevento (southern Italy)Beneventan missal2005ApprovedRejected At the time it would have been illegal for the British Library to remove the Missal from its collections; the law was later changed.British LibraryAs aboveBeneventan missal (renewed claim)2010ApprovedApprovedBritish MuseumUnknown14 clocks and watches2012RejectedBritish MuseumDr Arthur Feldmann's heirsFour drawings2006AcceptedEx-gratia payment of £175,000British MuseumMrs Bertha L. Gutmann of Caldwell (Heinrich Rothberger's niece and heir)Porcelain2008ApprovedEx-gratia payment of £18,000Burrell CollectionUnknownTapestry fragment2014AcceptedEx-gratia paymentBurrell CollectionUnknownPainting2004ApprovedEx-gratia payment of £10,000Cecil Higgins Art GalleryMrs Budge's estateFour Nymphenburg figures2014ApprovedApprovedCourtauld Institute of ArtHerbert Gutmann's descendantsOil sketch2010RejectedCourtauld Institute of ArtDr Curt Glaser's estateEight drawings2009RejectedCourtauld Institute of ArtGranddaughter of Franz W. Koenigs of the NetherlandsThree paintings2007RejectedCourtauld Institute of ArtDr Arthur Feldmann's heirsThree drawings2007ApprovedClaimant kept two drawings and presented one to the CourtauldCourtauld Institute of ArtMs Christine KoenigsThree paintings by Rubens2024RejectedFitzwilliam MuseumMrs Bertha L. Gutmann of CaldwellPorcelain2008ApprovedApprovedFitzwilliam MuseumPinsent Masons, France LLP, on behalf of Mondex Corporation, mandated by heirs of the late Robert BingPainting ‘La Ronde Enfantine’ by Gustave Courbet2023ApprovedApprovedTate GalleriesVictim's descendant (unknown)Painting by Jan Griffier the Elder titled A View of Hampton Court Palace2001Accepted. Recommendation for moral compensationApproved compensation of £125,000Tate GalleriesBaron Hatvany's estateOil painting by John Constable titled Beaching a Boat, Brighton2015ApprovedApprovedTate GalleriesOn behalf of the Sonia Klein Trust for the heirs and great-grandchildren of Samuel HartveldPainting 'Aeneas and his Family Fleeing Burning Troy' by Henry Gibbs2025ApprovedApprovedVictoria and Albert MuseumEmma Budge's estateThree Meissen figures2015ApprovedApproved
Notes
References "Holocaust (Return of Cultural Objects) Act 2009". Current Law Statutes Annotated 2009. Sweet & Maxwell. Thomson Reuters. 2010. Volume 1. Chapter 16. pp 16-1 to 16-3. Halsbury's Statutes,
External links
Explanatory notes to the Holocaust (Return of Cultural Objects) Act 2009.