Guidance

Protecting cultural objects on loan

How UK museums and galleries can arrange to protect exhibits on loan from abroad from court-ordered seizure.

From:
Department for Culture, Media and Sport and Department for Digital, Culture, Media & Sport
Published
5 February 2016
Last updated
23 June 2022 — See all updates

Overview

Objects on loan from abroad in temporary exhibitions in UK museums are protected from seizure by the UK courts when they are on display in a museum or gallery which has been approved by the Culture Secretary and where the museum or gallery has published information about the objects on loan.

We offer protection for international loans in this way because, in some cases, the ownership of art can be disputed and many other countries will not lend to the UK without this protection.

This guide explains the application process and conditions which must be met by participating institutions. It also includes a list of museums and galleries which have already received approval.

Protected objects

An object is only protected if it is:

  • usually kept outside the UK
  • not owned by a person resident in the UK
  • not in contravention of a prohibition or restriction on import
  • brought into the UK for temporary public display by an approved museum or gallery
  • publicised for exhibit in line with the regulations

How museums and galleries obtain approval

The Department for Digital, Culture, Media and Sport approves applications for approval from museums and galleries in England. Northern Irish, Welsh and Scottish ministers approve applications from their countries’ institutions.

To get approval, a museum or gallery must demonstrate that it follows the due diligence guidelines on collecting and borrowing cultural objects.

The steps for obtaining approval are as follows:

1. Read our application guidance:

Protection from seizure: checklist of requirements

PDF, 65.3 KB, 3 pages

2. Read the guidance on completing the questionnaire:

Guidance to museums and galleries on completing the questionnaire

PDF, 197 KB, 6 pages

3. Complete the application questionnaire:

Protection from seizure: museum questionnaire

PDF, 69.9 KB, 4 pages

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4. Return by post and email, at least 12 weeks before an object requiring protection under the Act enters the UK, to:

Mark Caldon
Cultural Property Unit
Department for Digital, Culture, Media and Sport
100 Parliament Street
London SW1A 2BQ

Email: mark.caldon@dcms.gov.uk

Museums and galleries in Scotland, Wales and Northern Ireland should contact their appropriate approving authorities.

You can read the full regulations on protecting cultural objects.

Once a museum has received approval

Approved museums do not have to re-apply for each exhibition or item that needs to be protected. But they must make sure that the conditions for protection are met each time.

Approval can be withdrawn from an institution if it has:

Extended periods of protection for objects on loan to approved museums

The Cultural Objects (Protection from Seizure) Act 2022 allows approved museums and galleries in England and Scotland to apply for extended periods of immunity from seizure protection for objects already on loan.  Approved museums are able to apply for extensions from 28 June 2022.

To apply for an extension, approved museums and galleries should follow the below guidance and complete the enclosed Extension Request at Annex A. 

An application for extension should be submitted by email as soon as possible to the below email addresses and, wherever possible, at least 6 weeks before the current existing protection period is due to expire.

For approved institutions in England: culturalpropertymailbox@dcms.gov.uk

For approved institutions in Scotland: derek.wilson@gov.scot and jennifer.watson@gov.scot

Immunity from seizure: guidelines and extension request form

MS Word Document, 2.55 MB

Publication requirements

The borrowing institution must publish detailed information on its website about the objects for which protection has been sought :

  • before arrival, at least 4 weeks before the day on which the object enters the UK
  • after arrival, the day after the initial 4 week period ends and for at least 12 weeks or for the duration of the exhibition, whichever is longer

Approved museums

Published 5 February 2016
Last updated 23 June 2022 + show all updates

  1. Updated 'Extended immunity from seizure' section.

  2. Added immunity from seizure extension request draft guidance.

  3. The Photographers' Gallery has been granted approved status under Immunity from Seizure legislation - The Courts, Tribunals and Enforcement Act 2007.

  4. Just added the Saatchi Gallery, London CIO to the list of approved institutions.

  5. We have added guidance on how to complete the questionnaire.

  6. Updated to include Ikon Gallery as an approved institution.

  7. First published.

  8. updated to show latest approved institution AND update departmental address

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