Welcome to the section of our site where you may download our recent news items and publications or subscribe to our regular legal updates.
Practice area All Business - Banking Business - Brands Business - Commercial litigation & arbitration Business - Corporate Business - Corporate finance Business - Cultural assets & art Business - Employment Business - Funds, investments, tax & trusts Business - Hotels Business - Insolvency Business - IP, media & reputation management Business - Italy Business - Not-for-profit organizations Business - Real estate Business - Tax Personal - Cultural assets & art Personal - Divorce & family law Personal - Elder law Personal - Employment Personal - Family office & family business Personal - Italy Personal - Landed estates Personal - Litigation Personal - Philanthropy & charitable giving Personal - Probate & trust management Personal - Residential real estate Personal - Tax Personal - Trust & succession disputes Personal - Wealth structuring Personal - Wills & succession planning
Type of publication All Brochures Legal Updates and Articles News Newsletter
Published between 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 2002 2003 2004 2005 2006 2007 2008 2009 2010
and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 2002 2003 2004 2005 2006 2007 2008 2009 2010
Keywords
Search
21 April 2008
The Museums Association (the ‘MA'), the professional body representing the museum sector in the UK, has recently published ‘The Disposal Toolkit'. In an important policy shift, the Toolkit invites museums to consider, for the first time, disposing of items from their collections in restricted circumstances.
The Toolkit, which was approved almost unanimously by members of the MA in a general meeting held in 2007 (following a 2-year consultation process), revises the MA's 30-year-old Code of Ethics. The Code heavily discouraged deaccessioning.
It is clear that statutory rules governing the deaccessioning of artefacts from museum collections, for example, the British Museum Act 1963, will not be affected by the Toolkit. However, when it is within a museum's discretion to dispose of artefacts, the Toolkit is of potential significance.
The Toolkit outlines the situations where a museum might contemplate disposing of an artefact for financial reasons. They include:
The Toolkit however, also imposes important safeguards. Deaccessioning should only be used as a last resort, when other mechanisms such as the transfer of artefacts to other museums have been exhausted. Museums must not deaccession without expert advice and deacessioning must never take place where to do so would not be in the public interest or would damage the reputation of the museum. Furthermore, the funds raised from the sale of artefacts must be earmarked to fund further acquisitions for the museum's collection. Finally, in order to ensure transparency, the Toolkit recommends public auction as the method of sale.
One of the main arguments against museums deaccessioning is that the tastes of curators change over time at best; and that at worst, curators are liable to make errors of judgment. Museum collections must therefore be preserved intact, or artefacts of significance will simply be lost.
Yet others have argued that it is not economically sustainable nor is it in the public interest (when the collection remains largely unseen) for museum collections to be extended infinitely into the future.
Between these poles, the Toolkit, it is hoped, provides a measured path. It remains to be seen how the document will affect the practices of museums over the next decade.
Daniel McClean
DD: +44 (0)20 7597 6174
Email me