Collections Development Policy
Collections Development Policy
Name of Museum: The National Portrait Gallery
Name of governing body: The Board of Trustees of the National Portrait Gallery (hereafter referred to as the ‘Trustees’)
Date on which this policy was approved by governing body: 5 July 2018
Minor amendments were approved to this Policy by the governing body: 3 November 2021
Policy review procedure: The collections development policy will be published and reviewed from time to time, at least once every five years.
This Policy supersedes and cancels all earlier and existing policies, practices and customs.
Date at which this policy is due for review: no later than 5 July 2023
Arts Council England (ACE) will be notified of any changes to the collections development policy, and the implications of any such changes for the future of existing collections.
1. Scope and responsibilities
This Policy covers those objects in the Primary Collection, as well as those in the Reference Archive and Photographic Collections, and forms part of the National Portrait Gallery’s Collections Management framework which consists of:
- Collections Information and Access Policy
- Collections Care and Conservation Policy
- this Collections Development Policy
This is in compliance with the published Accreditation Guidance provided by Arts Council England, the delivery body for Accreditation in the United Kingdom.
This Policy should be read in conjunction with the above framework and the Gallery’s Collections Due Diligence Policy.
The main Library and Archive collections are covered by the Archive Service Accreditation Standard, managed by The National Archives.
Director responsible for mapping and directing Collections Development in dialogue with the Chief Curator.
Chief Curator responsible for maintaining an overview of Collections Development, in dialogue with the Curatorial team.
Curatorial Team responsible for advising on the collecting undertaken within their particular period or media (i.e. photographical collections).
Executive Director, Programmes and Partnerships responsible for providing a strategic overview of Collections Development in relation to Exhibitions and Partnerships.
Head of Collections Services responsible for providing Collections Management support as required to enable the development of the Collection and managing the Gallery’s relationship with Arts Council England.
Collections Registrar responsible for providing Registration support as required to enable the development of the Collection.
Senior Archive and Library Manager responsible for providing strategic overview of library, archive and reference collections, and Archive Service Accreditation (the former in consultation with the Curator, Reference Collection).
Intellectual Property Officer to be involved in any discussions regarding copyright and Intellectual Property.
The National Portrait Gallery is the national museum responsible for the history of British Portraiture. Its mission is to maintain a collection of portraits of the most eminent persons in British history, of other works of art relevant to portraiture and of documents relating to those portraits and other works of art.
The statutory aims of the Gallery, as set out in the Museums and Galleries Act 1992, are:
(a) to care for, preserve and add to the portraits and other works of art and the documents in their collection;
(b) to secure that the portraits are exhibited to the public;
(c) to secure that the portraits and other works of art and the documents are available to persons seeking to inspect them in connection with study or research; and
(d) generally to promote the public’s enjoyment and understanding of portraiture of British persons and British history through portraiture both by means of the Board’s collection and by such other means as they consider appropriate.
The Rules to be followed by the Trustees as part of the acquisition approval process are as follows:
- The Trustees will first consider the national and historical importance of the sitter, rather than the aesthetic importance of the portrait. In so doing the Trustees will estimate the significance of the sitter without bias of any kind.
- No portrait of any living person, with the exception of the reigning Sovereign and his (or her) consort, shall be admitted except as provided under Rule Three.
- The Trustees may consider the admission of portraits of persons of eminence, whether living or deceased within the previous five years. As to portraits of the living, if a person is not already represented in the Primary Collection, and if so many as three Trustees shall personally at the meeting, or previously by letter, state their dissent to the acquisition of a portrait, no portrait of that person should be considered by the Trustees for a period of three years from that date.
- No modern copy of an original shall be admitted.
- Acquisitions, other than under Rule Three, shall be decided by a majority of votes by the Trustees present at a meeting.
- The casting vote shall rest with the Chairperson or presiding Trustee.
The Board of Trustees will ensure that both acquisition and disposal are carried out openly and with transparency. It will also ensure, through its collecting activity and Corporate Plan, that the Gallery retains its status as the institution for the study and enjoyment of both portraits and portraiture.
To support Trustees in this role, a Curatorial Committee meets quarterly to provide expert advice and an additional level of quality assurance in the following areas: Collections development strategy and policy; Primary Collection acquisitions; Collection care strategy; Loans; Deaccessioning works from the Collection.
This group is comprised of Trustees with relevant knowledge and understanding of the wider context within which national museums operate and public collections develop. The Chair and members are appointed by the Board and are joined by the Director, Chief Curator and Executive Director, Partnerships and Programmes.
By definition, the Gallery has a long-term purpose and holds collections in trust for the benefit of the public in relation to its statutory objectives. The Trustees therefore accept the principle that sound curatorial reasons must be established before consideration is given to any acquisition to the Collection, or the disposal of any items in the Gallery's Collection.
Acquisitions outside the current stated policy will only be made in exceptional circumstances, and then only after proper consideration by the Director and the Trustees, having regard to the interests of other museums and galleries.
The Gallery recognises its responsibility, when acquiring additions to its collections, to ensure that care of collections, documentation arrangements and use of collections will meet the requirements of the Museum Accreditation Standard. This includes using SPECTRUM primary procedures for collections management. It will take into account limitations on collecting imposed by such factors as staffing, storage and care of collection arrangements.
The Gallery will undertake due diligence and make every effort not to acquire, whether by purchase, gift, bequest or exchange, any object or specimen unless the Trustees or Director is satisfied that the Gallery can acquire a valid title to the item in question.
When considering a potential acquisition due account is taken of the Gallery's responsibility to ensure adequate conservation, documentation and to take into account limitations imposed by such factors as staffing, storage, conservation resources, display space and long term maintenance costs associated with non-traditional media. Due account is also taken of the collecting policies of other museums, both national and non-national, in order to avoid unnecessary duplication and waste of public resources (see section 8).
The Gallery does not acquire any object unless the Trustees or Director are satisfied that it can acquire good title to the object in question, and that it has not been acquired in, or exported from, its country of origin (or any intermediate country in which it may have been legally owned) in violation of that country's laws. (For the purposes of this paragraph ‘country of origin’ includes the United Kingdom).
As per clause 2.1 authority to collect and dispose of property is derived from the Museums and Galleries Act 1992.
In exceptional cases, disposal may be by sale and the procedures outlined below will be followed. In this case the Trustees will not undertake disposal unless it can be demonstrated that all the following exceptional circumstances are met in full:
- the disposal will significantly improve the long-term public benefit derived from the remaining collection
- the disposal will not be undertaken to generate short-term revenue (for example to meet a budget deficit)
- the disposal will be undertaken as a last resort after other sources of funding have been thoroughly explored
- extensive prior consultation with sector bodies has been undertaken
- the item under consideration lies outside the Gallery's established core collection
In addition, the Gallery will not normally accept items for the Collection if:
- they are, or are likely to become, physically dangerous and/ or a health and safety hazard or a hazard to other objects within the Collection
- they are beyond the means of the Gallery to conserve, store, document or make accessible to an adequate standard
- they are accompanied by unduly restrictive conditions
- they duplicate existing Collection items or pertain to areas of collecting not covered by this Policy.
3. History of the Collection
The National Portrait Gallery, the first such gallery of its kind when it was formally established on 2 December 1856, is the national museum responsible for celebrating the leading figures in British history and the history of British Portraiture.
The Gallery acquires portraits from the life in all media, whether by purchase, bequest, transfer, acceptance in lieu, allocation or gift, of the most nationally-significant persons in British history from the earliest times to the present day. The concept of a Primary Collection of paintings, sculpture, miniatures and a Reference Collection or study collection of prints was established immediately following the Gallery's foundation in 1856 and then later reflected in the Museums and Galleries Act 1992. The collections fulfil the enduring function:
- to act as a national focus for the study and understanding of portraits and British history through portraiture.
In the early 1960s photographs were formally added to the Collection and in 1969 the Gallery began to collect living sitters, representing a move towards contemporary representations of portraiture. Since 1980 the Gallery has hosted an annual portrait prize exhibition, and has regularly commissioned portraits in all media that represent living sitters. These, like all other works in the Primary Collection, are approved by but not selected by Trustees. Trustees only nominate sitters for a Trustees’ Commission (see 13.1).
4. An overview of existing Collections
The Primary Collection of paintings, sculpture, miniatures, drawings, prints, photographs, silhouettes and mixed/new media works contains some 12,700 portraits of the most famous people in British history. Of these, over 4000 are paintings, sculptures and miniatures, approaching 60% of which are regularly displayed at the Gallery or elsewhere on loan. In addition, there are over 8,500 works on paper, shown on a rotating basis of about 120 items a year to avoid excessive light exposure and thus to minimise deterioration and fading.
The Reference Collection contains portraits, predominantly printed portraits and a smaller collection of drawings and sketchbooks, together with silhouettes and caricatures, which have been acquired primarily for research and documentary purposes and to provide a supplementary context for the Gallery’s Primary Collection. The Reference Collection is primarily housed in the Heinz Archive & Library and contains approximately 85,000 works on paper, 2,800 drawings, 75 paintings and 170 sculptures, and a small but growing collection of popular ceramics. This unique national resource allows the Gallery to collect beyond the acquisition criteria for the main Collection, and are drawn upon for display purposes as well as supporting learning activities and research into portraiture at the Gallery.
The Heinz Archive and Library also contains 40,000 books and manages the Gallery’s Records and Collected Archives.
The Contemporary Portrait Collection, which used to be standalone, is now part of the Primary and Reference Collections.
The Gallery also holds an important Photographs Collection which spans both the Primary and Reference Collections; it comprises more than 250,000 original photographic images of which at least 130,000 are original negatives. They date from the 1840s to the present day.
5. Themes and priorities for future collecting
The National Portrait Gallery takes the lead in acquiring portraits of national significance, based on the principle of the authenticity of the likeness of the sitter. The principal focus of collecting remains the representation of relevant sitters produced in their lifetime, rather than the work of individual artists or in a specific media.
A key area of collection development is 20th and 21st century portraiture in all media. The Gallery is particularly interested to acquire works which reflect the diversity of British history and culture and highlight achievement in a wide range of different fields, from sporting success, entertainment, science, the arts, business, politics and intellectual life. The Gallery’s collecting ambitions include a desire to reflect and respond to social and technological changes and it continues to explore the acquisition and commission of portraits in non-traditional media.
The Gallery will also continue to collect rare vintage photographic material and modern and contemporary photographs allowing the development of national resource representing individuals who have contributed to British national life and where relevant popular culture.
As a world class research centre for the study of portraiture, the Gallery is also keen to continue to selectively acquire archival material that elucidates artistic practice in relation to British portraiture in all periods and all media, including artist’s sketchbooks and workshop documentation and to maintain a library resource to support the research needs at the Gallery.
The Gallery regularly acquires important works for the historic collection where there are key gaps in our holdings, particularly in the representation of women and BAME sitters. Portraits that enhance the understanding of the practice of portraiture across time and provide insights into production methods, media, patronage, display and appreciation of British sitters are also selectively acquired. This type of material includes caricature, printed imagery, cartoons, and works in specific or unique media which serve to document the development of artistic practices.
In general, for acquisitions requiring additional, internal or external fundraising, the focus shall be on:
a. Works currently on long term loan to the Gallery that are offered for sale by the lender.
b. Works depicting sitters of significance as defined by this Policy, who are currently not represented in the Primary or Reference Collection.
c. Works depicting currently under-represented groups including female sitters or sitters from cultural, social or ethnic backgrounds who meet the existing criteria of this Policy and who are not currently represented in the Primary Collection.
d. Works that meet the criteria as laid out in this Policy that have the capacity for a transformational impact in significantly increasing audience engagement or would be required for display within the exhibition or display programme.
e. Works created in an under-represented medium or technique.
These criteria above do not indicate that all works meeting these criteria will be acquired, nor do they imply that all works falling outside these criteria shall be routinely rejected, particularly where items are part funded.
6. Themes and priorities for rationalisation and dispersal
The Gallery recognises that the principles on which priorities for rationalisation and disposal are determined will be through a formal review process that identifies which collections are included and excluded from the review. The outcome of review and any subsequent rationalisation will not reduce the quality or significance of the Collection and will result in a more useable, well-managed Collection.
The procedures used will meet professional standards. The process will be documented, open and transparent. There will be clear communication with key stakeholders about the outcomes and the process.
As laid down in the Museums and Galleries Act 1992, the Trustees may dispose of an object, by way of transfer, sale, exchange or gift:
where the object is transferred to another national museum or institution listed in Schedule 5 Part 1 of the Act or other accredited museums.
where the object is a duplicate of another object which they own or where the Gallery’s collection of a specific sitter includes multiple portraits.
where the identification of a portrait formerly accepted by the Gallery has been universally discredited and the portrait is no longer considered by both Gallery Curators and external scholars to represent a particular British sitter.
where the object has become useless by reason of damage, physical deterioration, or infestation by destructive organisms (in which case the means of disposal can include destruction).
This notwithstanding, there is a strong presumption against disposal and the Gallery will not undertake disposal motivated principally by financial reasons.
7. Legal and ethical framework for acquisition and disposal of items
The Gallery recognises its responsibility to work within the parameters of the Museum Association Code of Ethics when considering acquisition and disposal of items.
8. Collecting policies of other institutions
The Gallery will take account of the collecting policies of other museums, libraries and archives collecting in the same or related areas or subject fields. It will consult with these organisations where conflicts of interest may arise or to define areas of specialisms, in order to avoid unnecessary duplication and waste of resources. The Gallery will avoid competing knowingly at auction with any other publicly funded museum, gallery, library or archive.
Specific reference is made to the following institutions:
- British Library
- British Museum
- Imperial War Museums
- National Army Museum, London
- National Gallery of Ireland
- National Museums Scotland
- The National Gallery, London
- The Royal Academy of Arts
- The Royal Collection
- The Scottish National Portrait Gallery
- The V&A Museum
The Gallery may, on occasion, enter into joint-acquisition agreements with other interested parties. Any such agreements will clearly set out the terms of acquisition, including but not limited to the purchase price; conservation; insurance and other practical arrangements around the long-term care of the object(s) in question.
9. Acquisition Process
All offers to the Primary and Reference Collections must meet the terms of this Policy.
Acquisitions for the Primary Collection, agreed first at a monthly (currently quarterly) Acquisitions Group chaired by the Chief Curator, are subject to review by the Curatorial Committee and the formal approval of the Trustees who meets four times a year. Trustees have the right of veto on the acquisition of Primary Collection works.
Acquisitions for the Reference Collection are delegated by the Chief Curator to the Acquisitions Group and are formally approved by the monthly (currently quarterly) meeting.
For bids at auction the Chair of the Trustee Board will authorise a bid to an agreed level on behalf of the Board. Acquisitions under the Chair’s Authority are reported to the Trustees at their subsequent meeting for noting.
Each offer, whether for the Primary or Reference Collection, is considered on a case by case basis, taking into account eligibility and suitability for the Collection, quality, authenticity, historic importance, value to the Gallery and current resources. Any recommendations for the long-term care of a potential item shall be considered.
The principle for the inclusion of a portrait in the Collection is that a person represented should have made, or be making, a substantial contribution to British history or culture. The subject of a portrait acquired for the Collection must either be important in his or her field, be a person whose achievements, influence and reputation set him or her apart as an individual of public interest, or illuminate British history and culture in a significant way. The Gallery places particular importance on attempting to ensure that, within these essential criteria, the selection of sitters takes account of social and cultural diversity and that a broad range of fields of endeavours are considered.
The Gallery’s second objective in building its collections is to acquire portraits that enable research into, and an appreciation of, the history of portraiture, including significant and representative examples of portrait types and the work of exceptional portrait artists.
All items donated to or purchased by the Trustees become the absolute property of the Trustees, whether formally accessioned or not. Every effort will be made to acquire the intellectual property rights (where these still exist) in items at the time of acquisition. The inability to achieve this, particularly if caused by undue complexities and/ or disputes among the owners or alleged owners of the rights, may result in the acquisition process being terminated.
The Trustees reserve the right to require a 'dowry' of money, staff or premises (or any combination thereof) to be in place at the Gallery as a condition of accepting any item or items for the Collection, in order to ensure adequate resources are available to care for the work(s).
In pursuance of this Policy, the Trustees seek to make best use of all other available funding sources including Members, Patrons, the Portrait Fund, the Art Fund, the National Heritage Memorial Fund, the Heritage Lottery Fund and any other sources of funding which from time to time may become available.
In the interests of propriety, items will never be purchased or accepted as gifts for the Collection from serving Members of the Trustees, serving members of the Gallery staff, volunteers, trainees, interns, contractors, or partners or business associates of any of the above. Items may be acquired from the moment a Trustee steps down from service or from when an employee leaves the Gallery.
The Gallery will maintain acquisition and catalogue documentation that includes a work’s inventory number (offer or accession number), legal status of the work, activity and history of the object within the Gallery (e.g. transfer of stewardship between departments and a record of movement of the work), loan and exhibition history, provenance, copyright agreement and credit line at the time of acquisition.
The Gallery maintains an emergency plan which is reviewed yearly; it sits alongside other business continuity and evacuation procedures. This plan is designed to move the Collection to a safe place in the event of an emergency and undertake remedial action as appropriate. All relevant staff receive training as part of their induction and refresher training is provided as required.
The Gallery recognises the challenges of acquiring and preserving non-traditional media (in particular time-based media) over a long period of time.
The Gallery will acquire and maintain New Media works in their original ‘period’ format. Works will be displayed as they were originally installed for as long as the equipment is available.
The acquisition of works with high rates of degradation or deterioration will be considered on a case-by-case basis with due regard to long-term preservation considerations and the overall public benefit. No such work will be acquired if it endangers other collections held by the Gallery.
The Gallery recognises the complex composition of time-based and other forms of digital media, namely the requirement to periodically replace obsolete hardware and software components of the work. This will always be done, wherever possible, in collaboration with the original artist’s studio, so that the ‘form’ of the original work of art can be preserved for as long as possible. Where this is not possible, best judgement shall apply based on the current technology and funds available at the time.
Obsolete hardware or software components of such works of art, which cannot be fixed or reused, shall be disposed of in line with section 23 of this Policy. However, this shall not require Trustee approval as the component will be replaced, wherever possible, with a suitable alternative. Such approval on the disposal and/or replacement will be sought from the Acquisitions Group and shall comply with the other relevant disposal terms of this Policy.
The same level of approval and terms is also required for any destructive sampling as part of further investigation into an object’s composition or state. Such sampling will only be undertaken for research or the long term care of the Collection. (see section 23.3).
All paperwork, including that of disposal, will be stored in accordance with the Gallery’s Data Protection Policy and relevant legislation.
10. Acquisition Criteria for the Primary Collection
As laid down in the Museums and Galleries Act 1992 the Trustees acquire, whether by purchase (which the Gallery takes to include commissions), exchange or gift (which the Gallery takes to include bequests and transfers), portraits of the most significant persons in British history as well as portraits and other objects of particular importance to the study of British portraiture. Under the terms of this Policy the Gallery takes this to include portraits in all media including paintings, drawings, miniatures, engravings, artist’s prints, sculpture, photographs, photographic negatives, film, digital works and new media, as well as works of mixed media.
It has been a central concern of the Trustees since the foundation of the Gallery that the portraits acquired should in some way be authentic records of the sitter’s appearance and that the portraits should, wherever possible, be undertaken from life. In particular, the Gallery places considerable importance on original art works created during the lifetime of the sitter; it gives lower priority to later copies or depictions of historic subjects, except:
a. Where no other portrait of an important sitter is available;
b. Where the copy in a significant way illuminates or adds to the appreciation of the portraiture of an individual or the practice of portraiture;
c. Where a copy is accepted as part of a larger collection to maintain the unity of that collection;
d. Where the copy is an autograph replica by the original artist.
The Gallery recognises that the practice of some artists involves working indirectly (for example from photographs or secondary sources), as well as directly from the life. The Gallery will also have regard to the importance of the image, the identification and significance of the artist, and the value of the portrait to the Gallery's educational and interpretative work in the appreciation and understanding of portraiture.
11. Acquisition Criteria for the Photographs Collection and Reference Collection (including archival holdings)
The Gallery acquires works for the Photographs Collection in order to expand the representation of significant sitters since the advent of photography. Acquisitions for the Photographs Collection follows the general principle of collecting portraits of men and women who have contributed, or are contributing to, British history and culture. The range of sitters selected is wider than those acquired for the Primary Collection (where sitters are determined by the Trustees). The Photographs Collection also acquires portraits and other objects of particular importance to the study of British portraiture, including the work of significant portrait photographers.
The Gallery may choose to photograph groups or a set of people, outstanding in a particular field (examples could include restaurateurs and chefs, gardeners and horticulturalists, leaders in the telecommunication field etc.). The Gallery will usually select the sitters and photographer.
The Gallery may also purchase individual contemporary portrait photographs where a compelling image is deemed to represent an important individual well.
The Gallery may also acquire sets of photographs, offered by gift, bequest or other means, where the persons concerned or the quality of the photographer makes the set of outstanding interest to the national collection.
The Gallery acquires works for the Reference Collection (usually works on paper, albums and documentary material) in order to preserve primary and secondary visual sources relating to the history of portraiture. The Gallery is guided by the 'Code of Practice on Archives for Museums and Galleries in the United Kingdom' (3rd ed., 2002) when acquiring archival material.
The Gallery does acquire photographs of portraits, but does not collect studies relating to portraits in the Collection except where they are particularly illuminating of the process of portraiture or the Gallery’s understanding of a particular portrait.
On occasion works from the Reference Archive or Photographs Collection may be transferred to the Primary Collection on the advice of Gallery Curatorial staff and when approved by the Trustees.
On occasion works from the Primary Collection may be transferred to the Reference Archive or Photographs Collection on the advice of Gallery Curatorial staff and when approved by the Trustees.
12. Medal Collections
In collecting medallic portraits, the Gallery’s first consideration will be the importance of the sitter. Medals will normally be collected for the following reasons:
a. when a medal is the best or only way of representing a sitter;
b. when a medal is a particularly appropriate way to represent a sitter, e.g. where any other medium, such as an oil portrait, would not meet the overall themes of the display or exhibition;
c. when a medal is of exceptional aesthetic, iconographic or historical significance.
13. Commissioning Process
Trustees’ Commission: Curators and Trustees each prepare a list of potential sitters for further discussion at one of the quarterly Acquisitions Group and Trustee meetings. The selection takes into account under-represented areas of the Collection. Once the commission is agreed the Director writes to the potential sitter. The Gallery will then select a shortlist of artists which are discussed with the sitter.
All other commissions are decided upon internally and taken to Trustees for approval. In the case of commissions that are externally funded, these are decided upon in consultation with the relevant funding organisation before being taken to Trustees for approval.
Once the artist is agreed a preliminary meeting is arranged with the sitter and artist usually at the Gallery. At this stage the issue of rights are discussed with the artist and a draft Memo of Commission shown to them, assigning all rights to the Gallery, aside from moral rights. The Memo of Commission must be signed by the artist and NPG Director before the work commences and the first payment is made Regular updates are provided to the Curatorial Committee and the Trustees throughout this process. On completion of the portrait it is viewed by the Chief Curator and Contemporary Curator and then taken to a Curatorial Meeting for approval before being taken forward to the Trustees. Once approved by the Trustees final payment will be made to the artist and the work will be accessioned to the Collection.
Commissions proceed as staff time and resources allow; they are generally funded through external funding bodies. A £7,000 commission is awarded to the first prize winner of the annual portrait prize exhibition.
14. Human Remains
Should relevant material under the Human Tissue Act 2004 form any component of an artwork for potential acquisition, the Gallery will follow the DCMS guidelines, ‘Guidance for the care of human remains in museums’, issued in 2005, and the HTA Code of Practice D: Public Display, revised in July 2021. Should this relevant materialese be less than 100 years old and been obtained after the Human Tissue Act came into force on 1 September 2006, the Gallery will obtain consent for the storage and display of such material. Should the relevant material come from the body of a person who has died after the Human Tissue Act came into force on 1 September 2006 and less than 100 years have elapsed since their death, the Gallery will obtain a license under the Human Tissue Act, 2004 as necessary, and any subordinate legislation from time to time in force.
The Gallery holds ‘Self’, an artwork containing the blood of the artist Marc Quinn (NPG 6863), for which a license will become necessary upon the death of Marc Quinn. The Gallery will work towards obtaining a Human Tissue license in line with the ‘Guidance for the care of human remains in museums’ issued by DCMS in 2005 and the Code of Ethics.
15. Biological and geological material
The Gallery will not knowingly acquire by any direct or indirect means any object including an animal specimen that has been collected, sold, or otherwise transferred in contravention of any national or international wildlife protection or natural history law or treaty of the United Kingdom or any other country, unless with the express consent of an appropriate external authority.
The Gallery will be guided by the Holocaust Return of Cultural Objects Act (2009), which requires public collections to undertake provenance research during the period 1933-45 and make this information publically available on its website. The Gallery is also guided by Spoliation of Works of Art during the Holocaust and World War II period: Statement of Principles and Proposed Actions, issued by the National Museum Directors' Conference in 1998, and its 2016 renewal. The Gallery will also be guided by its own Collections Due Diligence Policy.
Should works in the Collection be subject to an enquiry or claim, the Gallery will follow the practices established by the Department of Digital, Culture, Media and Sport to extend research, make information available and, if appropriate, refer the case to the Spoliation Advisory Panel. The current status of spoliation research into the Collection is on the Gallery’s website.
17. Illicit Trade
In accordance with the provisions of the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which the UK ratified with effect from 1 November 2002, and the Dealing in Cultural Objects (Offences) Act 2003, the Gallery will reject any items that have been illicitly traded. The Trustees will be guided by the guidance on the responsible acquisition of cultural property issued by the Department for Culture, Media and Sport in 2005.
18. Archaeological material
The Gallery does not intend to acquire any archaeological material in the future.
Any exceptions to the above clauses will only be because the Gallery is either:
- acting as an externally approved repository of last resort for material of local (UK) origin; or
- acting with the permission of authorities with the requisite jurisdiction in the country of origin.
In these cases the Gallery will be open and transparent in the way it makes decisions and will act only with the express consent of an appropriate outside authority. The Gallery will document when these exceptions occur.
20. The Repatriation and Restitution of objects and human remains
The Trustees, acting on the advice of the Chief Curator, if any, may take a decision to return human remains (unless covered by the ‘Guidance for the care of human remains in museums’ issued by DCMS in 2005), objects or specimens to a country or people of origin. The Gallery will take such decisions on a case-by-case basis; within its legal position and taking into account all ethical implications and available guidance. This will mean that the procedures described in 20.1 – 20.5 will be followed but the remaining procedures are not appropriate.
All disposals will be undertaken with reference to the terms of this Policy and the SPECTRUM Primary Procedures on disposal. The procedures below apply to both accessioned and unaccessioned material.
The Trustees will confirm on the advice of the Curatorial Committee that they are legally free to dispose of an item. The Head of Collections Services shall confirm this in writing before any further steps are taken. Agreements on disposal made with donors will also be taken into account. Cases where the donor has implied or expressed preference against disposal will be considered.
When disposal is motivated by curatorial reasons the procedures outlined below will be followed and the method of disposal may be by gift, sale, exchange or as a last resort - destruction.
The Acquisitions Group will firstly recommend objects for disposal to the Director (except in cases outlined in 9.13 and 22.7). The decision to dispose of material from the Collection by any means will be taken by the Trustees only after full consideration of the reasons for disposal.
The Director, acting on advice from the Chief Curator and other colleagues as appropriate, shall outline the case to the Trustees; it shall not be on the basis of a curator acting alone. No fewer than ten Trustees must vote in favour of a recommendation on the proposed item(s) for de-accessioning, and to approve the recommended mode of disposal.
Other factors including public benefit, the implications for the Gallery's collections and collections held by galleries and other organisations collecting the same material or in related fields will be considered. Expert advice will be obtained when required and the views of all relevant stakeholders (including artists, donors, funding bodies, researchers, the Charity Commission, local and source communities, sitters, benefactors and others served by the Gallery) will also be sought.
When disposal of a museum object is being considered, the Gallery will establish if it was acquired with the aid of an external funding organisation. In such cases, any conditions attached to the original grant will be followed. This may include repayment of the original grant and a proportion of the proceeds if the item is disposed of by sale.
Once the decision to dispose of material in the Collection has been taken, priority will be given to retaining it within the public domain, unless it is to be destroyed. It will therefore be offered in the first instance, by transfer, gift, exchange or sale, directly to other Accredited Museums/Galleries or to institutions listed in Schedule 5 of the Museums and Galleries Act 1992. If the material is not acquired directly as a transfer, gift, and exchange or for sale, then the museum/gallery community at large will be advised of the intention to dispose of the material, normally through a notice on the MA's Find an Object web listing service; an announcement in the Museums Association's Museums Journal, and in other specialist journals where appropriate.
The announcement will indicate the number and nature of objects involved, and the basis on which the material will be transferred to another institution. Preference will be given to expressions of interest from other Accredited Museums/Galleries. A period of at least two months will be allowed for an interest in acquiring the material to be expressed. At the end of this period, if no expressions of interest have been received, the Gallery may consider disposing of the material elsewhere giving priority to organisations in the public domain.
Full records will be kept of all decisions on disposals and the material involved, including photographs where possible. Proper arrangements will be made for the preservation and/or transfer, as appropriate, of the documentation relating to the items concerned, including photographic records where practicable, in accordance with SPECTRUM Procedures on deaccession and disposal and the Museums Association’s Code of Ethics. The Gallery will retain copies of the acquisition documentation and the original documents will be passed to the new owner together with transfer of title documentation.
All items disposed of shall be recorded in the Gallery’s Annual Accounts.
The Gallery will only dispose of a work by sale or destruction in exceptional circumstances. (see section 23) This form of disposal would only be authorised by the Trustees on the written advice of the Gallery Curator responsible, the Chief Curator and one external advisor with art historical knowledge of the field.
In the cases of disposal by sale, any monies received by the Trustees from such disposals, less any grants repayable to an external funding organisation, will be applied to the purchase of objects for the Collection as laid down in the Museums and Galleries Act 1992. The proceeds of a sale will be ring-fenced so it can be demonstrated that they are spent as required by the Museums and Galleries Act 1992.
Serving Trustees, Honorary Officers, serving members of the Gallery Staff, Gallery volunteers, trainees, interns, contractors (unless on behalf of new owner or for secure destruction) or partners or business associates of any of the above will not be permitted to acquire, by purchase or otherwise, objects that have been de-accessioned or otherwise disposed of (if not formally accessioned) directly from the Gallery collections.
22. Disposal by exchange or other means
The nature of disposal by exchange means that the Gallery will not necessarily be in a position to exchange the material with another Accredited museum. The Trustees will therefore ensure that issues relating to accountability and impartiality are carefully considered to avoid undue influence on its decision-making process.
In cases where the Trustees wish for sound curatorial reasons to exchange material directly with Accredited or non-Accredited museums, with other organisations or with individuals, the procedures in paragraphs 20.2 to 20.6 will apply.
If the exchange is proposed to be made with a specific Accredited museum, other Accredited museums which collect in the same or related areas will be directly notified of the proposal and their comments will be requested.
If the exchange is proposed with a non-Accredited museum, with another type of organisation or with an individual, the museum will place a notice on the MA’s Find an Object web listing service, or make an announcement in the Museums Association’s Museums Journal or in other specialist publications and websites (if appropriate).
Both the notification and announcement must provide information on the number and nature of the specimens or objects involved both in the museum’s collection and those intended to be acquired in exchange. A period of at least two months must be allowed for comments to be received. At the end of this period, the Trustees must consider the comments before a final decision on the exchange is made.
If a work is to be returned to or exchanged with an original donor, a successful claimant(s) to legal title or funding organisation in accordance with any agreement, or if an exchange, which is judged by the Trustees to provide the greatest public benefit, is to be with another museum, organisation or individual, the Gallery will uphold its duty to openness and transparency and will make public any disposal decision made by the Trustees. This will be achieved by recording such action in the Gallery’s Annual Accounts.
When other components of the Gallery's works of art are replaced to ensure they are cared for to the best possible standard, such as historic components of frames etc., they shall be retained or reused wherever possible, not only for research purposes but also as an integral part of the object's history. However if the Gallery should decide that such components are disposed of, this shall be done in line with the Gallery's conservation recommendations and the other relevant disposal terms of this Policy. This shall not require Trustee approval and such approval on the disposal and replacement will be sought, where applicable, from the relevant curator. The Curatorial Committee and the Board of Trustees are informed, as appropriate, of all major conservation work carried out on the Collection.
23. Disposal by destruction
If it is not possible to dispose of an object through transfer or sale, the Trustees may decide to destroy it.
It is acceptable to destroy material of low intrinsic significance (duplicate mass-produced articles or common specimens which lack significant provenance) where no alternative method of disposal can be found.
Destruction is also an acceptable method of disposal in cases where an object is in extremely poor condition, has high associated health and safety risks or is part of an approved destructive testing request identified in the Gallery’s research policy.
Where necessary, specialist advice will be sought to establish the appropriate method of destruction. Health and Safety risk assessments will be carried out by the Head of Collections Services.
The destruction of objects will be witnessed by an appropriate member of staff. In circumstances where this is not possible, e.g. the destruction of controlled substances, a certificate from the Police or other authorised body, as applicable, will be obtained and kept with the paperwork.
Read our latest news and have your say.
Identify our Silhouettes
Join enthusiastic contributors who have already identified 155 sitters.
Tell us more about our Silvy sitters
Help us identify the sitters who visited Camille Silvy’s photographic studio during the 1860s.