Implementation of the Act, delayed until November 2025, now permits charities to make small ex gratia disposals of charity property on moral grounds – without the oversight of the Charity Commission or the Attorney General.
But in an unusual step, sixteen statutory national museums and galleries, all registered charities, were told these new rules contained in provisions 15 and 16 of the Act would not apply to them.
This was an unexpected and disturbing development as exclusion impacts on their potential to engage in any kind of discussions that may lead to full restitution, even for objects of the lowest financial value.
Legal experts have cried foul. In a recent blog, the law firm BatesWells maintains “this argument is incorrect: the impact on statutory charities was clearly explained in the material before Parliament.” The blog also points out it is “constitutionally beside the point, because it is not for government to render a law nugatory because it did not think that Parliamentarians focussed on the ‘right’ issues.”
By agreeing to this review, DCMS does not guarantee a change in direction. It could still lead to new legislation that maintains the status quo.
