Holocaust (Return of Cultural Objects) Act 2009

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The Holocaust (Return of Cultural Objects) Act 2009[a] (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.[2] It was introduced into Parliament as the Holocaust (Stolen Art) Restitution Bill.[3] The bill was amended to give it a different short title.

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[1] (Commons)
Lord Janner of Braunstone (Lords)
Territorial extent
[b]
Quick facts Long title, Citation ...
Holocaust (Return of Cultural Objects) Act 2009[a]
Act of Parliament
coat of arms
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[1] (Commons)
Lord Janner of Braunstone (Lords)
Territorial extent 
[b]
Dates
Royal assent12 November 2009
Commencement13 January 2010[c]
Expired12 November 2019[d]
Other legislation
Amended by
Status: Amended
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended
Text of the Holocaust (Return of Cultural Objects) Act 2009 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
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Sections 1 to 3

These sections came into force on 13 January 2010.[4]

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).[5]

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.[6] 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.[7]

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.[8] The claims were:

More information Institution, Claimant ...
Institution Claimant Object of the request Date Advisory Panel's recommendation Institution decision Source
Ashmolean Museum Jakob Goldschmidt's heirs Painting 2006 Rejected [9]
Ashmolean Museum Unknown Renaissance salt 2014 Approved Approved [10]
Ashmolean Museum Gerta Silberberg's estate Gothic relief in ivory 2016 Rejected [11]
Bristol Museum and Art Gallery Margraf & Co GmbH Oil painting 2015 Rejected [12]
British Library Unknown Biccherna Panel (wooden tablet) 2014 Approved Claimants accepted compensation in lieu of return [13]
British Library Metropolitan Chapter of the Cathedral City of Benevento (southern Italy) Beneventan missal 2005 Approved Rejected [14]
British Library As above Beneventan missal (renewed claim) 2010 Approved Approved [15]
British Museum Unknown 14 clocks and watches 2012 Rejected [16]
British Museum Dr Arthur Feldmann's heirs Four drawings 2006 Accepted Ex-gratia payment of £175,000 [17]
British Museum Mrs Bertha L. Gutmann of Caldwell (Heinrich Rothberger's niece and heir) Porcelain 2008 Approved Ex-gratia payment of £18,000 [18]
Burrell Collection Unknown Tapestry fragment 2014 Accepted Ex-gratia payment [19]
Burrell Collection Unknown Painting 2004 Approved Ex-gratia payment of £10,000 [20]
Cecil Higgins Art Gallery Mrs Budge's estate Four Nymphenburg figures 2014 Approved Approved [21]
Courtauld Institute of Art Herbert Gutmann's descendants Oil sketch 2010 Rejected [22]
Courtauld Institute of Art Dr Curt Glaser's estate Eight drawings 2009 Rejected [23]
Courtauld Institute of Art Granddaughter of Franz W. Koenigs of the Netherlands Three paintings 2007 Rejected [24]
Courtauld Institute of Art Dr Arthur Feldmann's heirs Three drawings 2007 Approved Claimant kept two drawings and presented one to the Courtauld [25]
Courtauld Institute of Art Ms Christine Koenigs Three paintings by Rubens 2024 Rejected [26]
Fitzwilliam Museum Mrs Bertha L. Gutmann of Caldwell Porcelain 2008 Approved Approved [27]
Fitzwilliam Museum Pinsent Masons, France LLP, on behalf of Mondex Corporation, mandated by heirs of the late Robert Bing Painting ‘La Ronde Enfantine’ by Gustave Courbet 2023 Approved Approved [28]
Tate Galleries Victim's descendant (unknown) Painting by Jan Griffier the Elder titled A View of Hampton Court Palace 2001 Accepted. Recommendation for moral compensation Approved compensation of £125,000 [29]
Tate Galleries Baron Hatvany's estate Oil painting by John Constable titled Beaching a Boat, Brighton 2015 Approved Approved [30]
Tate Galleries On behalf of the Sonia Klein Trust for the heirs and great-grandchildren of Samuel Hartveld Painting 'Aeneas and his Family Fleeing Burning Troy' by Henry Gibbs 2025 Approved Approved [31]
Victoria and Albert Museum Emma Budge's estate Three Meissen figures 2015 Approved Approved [32]
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Notes

  1. [a]
    Section 4(1).
  2. [b]
    Section 4(2).
  3. [c]
    Section 4(3). The Holocaust (Return of Cultural Objects) Act 2009 (Commencement) Order 2010.
  4. [d]
    Removed by the Holocaust (Return of Cultural Objects) (Amendment) Act 2019.

References

External links

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