Explanatory Notes

Burrell Collection (Lending And Borrowing) (Scotland)) Act 2014

2014 asp 4

25 February 2014

Commentary on Sections

Section 1

7.Subsection (1) states that the Council, as owner of the Collection, may only with the agreement of the Burrell Trustees in accordance with the code referred to in subsection (2), lend any item forming part of the Collection as well as receive on loan from other museums and galleries items that do not form part of the Collection and display them alongside items that are part of the Collection. The borrowing museum or gallery may be situated outside Great Britain so as not to limit, as is currently the case, the lending of items to British museums and galleries. The powers in subsection (1) are stated to be in addition to any current powers contained in the 1944 Agreement and the Will to allow lending of certain items within Great Britain.

8.Subsection (2) requires the Council and Burrell Trustees to agree a code setting out the agreed process for exercising the powers contained in subsection (1) as well as in respect of the existing powers. The Council must then publish the code. Any future revisals to the code agreed by the Council must be published no later than one week after such revisal.

9.Subsection (3) modifies part of the Will (Purpose IN THE LAST PLACE) to provide the Burrell Trustees with an additional power under their own constitution to expend income (as opposed to capital) held in trust in order to obtain reports and advice and for other all purposes which would assist them in exercising powers and responsibilities under the published code. The Burrell Trustees currently only have financial powers to apply funds (whether income or capital) in order to facilitate the purchase of additional items for the Collection.