National Gallery and Tate Gallery Act 1954 (repealed 1.9.1992)

4 Powers of lending exercisable by National Gallery Trustees and Tate Gallery Trustees.U.K.

(1)Subject to the provisions of this section, the National Gallery Trustees and the Tate Gallery Trustees shall respectively have power to lend pictures or other works of art vested in them—

(a)for public exhibition, whether in the United Kingdom or elsewhere; or

(b)for display—

(i)in a public building or official residence in the United Kingdom or elsewhere for the furnishing of which the Minister of Works is responsible; or

(ii)in the official residence of the Governor of a colony.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3)The number of paintings or other works of art which are at any time on loan under paragraph (b) of subsection (1) of this section shall not exceed—

(a)in the case of the National Gallery, one-twentieth of the total number of works of art then vested in the Trustees of that Gallery, and

(b)in the case of the Tate Gallery, one-tenth of the total number of works of art then vested in the Trustees of that Gallery,

but the [F2Lord President of the Council] may from time to time by order increase or reduce either of the fractions mentioned in the foregoing paragraphs.

An order under this subsection shall be made by statutory instrument a draft of which has been laid before Parliament, and an order increasing either of the said fractions shall not be made unless the draft has been approved by a resolution of each House of Parliament.

(4)A loan under paragraph (b) of subsection (1) of this section shall require the consent of the [F2Lord President of the Council] and shall be effected through the Minister of Works.

(5)Before lending a picture or other work of art under this section, the Trustees shall satisfy themselves—

(a)that, taking account of its age and material, and, in the case of a picture, of the atmospheric conditions under which it has been kept, it is proper to expose it to the atmospheric changes, vibration and other ordinary incidents attending its removal, and

(b)that it will not be exposed to any unnecessary or exceptional hazards,

and the Trustees shall have particular regard to those considerations in determining the time for which, and conditions subject to which, the loan is made.

(6)It shall be the duty of the authority responsible for any picture or other work of art while it is displayed under this section in any public building or official residence to afford reasonable opportunities of viewing the picture or other work of art to any applicant who satisfies them that he is a student or engaged in research and that the application is made for the purpose of his studies or researches.

(7)In the case of a picture or other work of art which has been given or bequeathed, the powers conferred by this section shall not be exercisable—

(a)until fifteen years have elapsed since the date on which the property passed to the nation, unless the donor or his personal representatives or the personal representatives of the testator, as the case may be, have consented to the exercise of those powers; or

(b)in any manner inconsistent with any condition attached to the gift or bequest unless either twenty-five years have elapsed since the said date, or the donor or his personal representatives or the personal representatives of the testator, as the case may be, have consented to the exercise of those powers in that manner.

(8)In this section the expression “colony” includes a protectorate or protected State within the meaning of the M1British Nationality Act 1948, and a United Kingdom trust territory as defined in that Act, and the expression “Governor” has the same meaning as in that Act.

(9)The provisions of this section shall be in substitution for the provisions of the M2National Gallery (Loan) Act 1883, and the M3National Gallery (Overseas Loans) Act 1935; but nothing in this subsection shall affect the terms of any loan made before the coming into operation of this Act.