This week I started the module about ‘Museums’ on the Institute of Art & Law ‘Diploma in Art Law’ course. Where a museum is found to have disposed of an object from its collection by sale, exchange, donation or transfer by any means to any person (‘Deaccession’) in consequence of financial and economic pressures and inadequate capital and revenue funding, it may be censured by Arts Council England and stripped of its accreditation. That in turn, renders the institution ineligible for various sources of public grant and a low priority for other public schemes. Whether a non-statutory museum which is a charity has the power to deaccession is governed first by its constitution, which may or may not provide an express power. In the absence of a power, the necessary power may be obtained. However, any such power:
(i) can only be exercised in furtherance of the objects of the charity; and
(ii) in exercising the power, the trustees must perform their duties (including fiduciary duties requiring them to obtain the best ‘price’).
In addition to the module, I am also writing an essay for the course entitled, ‘Deaccessioning Powers of Museum Trustees, Duties, Powers, Variation, Applications, and Procedure.’ See the ‘Mediation of Art & Cultural Heritage Disputes’ page at www.carlislam.co.uk. This will provide a current restatement of the Law on Museum Deaccessioning.