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This electronic thesis or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ The sustainability of local authority museums a legislative anomaly working in a conflicting policy framework? Gates, Natalie Awarding institution: King's College London The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement. END USER LICENCE AGREEMENT Unless another licence is stated on the immediately following page this work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence. https://creativecommons.org/licenses/by-nc-nd/4.0/ You are free to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work). Non Commercial: You may not use this work for commercial purposes. No Derivative Works - You may not alter, transform, or build upon this work. Any of these conditions can be waived if you receive permission from the author. Your fair dealings and other rights are in no way affected by the above. Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 28. Sep. 2021 This electronic theses or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ Title: The sustainability of local authority museums a legislative anomaly working in a conflicting policy framework? Author: Natalie Gates The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement. END USER LICENSE AGREEMENT This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. http://creativecommons.org/licenses/by-nc-nd/3.0/ You are free to: Share: to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work). Non Commercial: You may not use this work for commercial purposes. No Derivative Works - You may not alter, transform, or build upon this work. Any of these conditions can be waived if you receive permission from the author. Your fair dealings and other rights are in no way affected by the above. Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. The sustainability of local authority museums: a legislative anomaly working in a conflicting policy framework? Miss Natalie Louise Gates PhD in Law Abstract In this thesis I have attempted to analyse the effectiveness of the legislative and policy framework in relation to the museums operated by local authorities in England. In particular, I have focused on whether this framework is suitable or sustainable for the long term provision of such museums. Particular regard is given to acquisition and disposal of cultural property from these museums, including the areas of object mobility and repatriation of artefacts. Chapter one sets out the working assumptions that this thesis rests upon. The second chapter appraises the modern context within which local authority museums operate. Chapter three assesses the historical development of museums and how this has affected the legal framework. In the fourth chapter, the focus is upon the problems of permanent acquisition of artefacts. Chapter five re-examines the controversial area of disposal of objects from museums and the repatriation of spoliated artefacts and human remains. The sixth chapter reviews how developments in art mobility have benefited local authority museums. The final chapter draws together the findings and assesses whether council museums are viable in the future under the current legislative and policy framework. The thesis concludes that while improvements could be made to the legislation, it is unlikely to happen. It would be more effective to make such changes through the policy issued by the Arts Council and the Museums Association. Such changes also could bridge the divergence between law, policy and practice. A variety of primary and secondary sources were used throughout this thesis. Due to the fact that this is a specialized and globalized area many 2 of the sources can be found on the Internet and in international journals. However, the core of this dissertation rest upon statutes, case law, government commissioned reports, local authority committee reports, national and local policy documents, and books. 3 Table of Contents Contents Page Title Page 1 Abstract 2 Table of contents 4 Dedication 5 Acknowledgements 6 Chapter 1: a public service? The argument for museums. 8 Chapter 2: ‘in museums we trust’. The policy context for 26 the modern local authority museum. Chapter 3: The origins and legal development of local 85 authority museums. Chapter 4: the art of permanent acquisition. 134 Chapter 5: deaccessioning, disposal and repatriation - 166 legal and policy principles for local authority museums. Chapter 6: art mobility – is it possible to get a Monet? 234 Chapter 7: are council museums viable? 293 References 305 Bibliography 326 4 Dedication I dedicate this thesis to my Grandparents, Dick and Molly Gates and Peter and Olive Porter. I would not have embarked on such a journey without the support and inspiration you gave me, encouraging my natural curiosity from such a young age. I only wish that you could be here to see it. 5 Acknowledgements Acknowledgements often fall far short of the debt owed to those identified. To my parents, Rob and Gill Gates, you brought me up to believe that anything is possible, and have supported me through my successes and failures in testing this out! I could not do this without you (or specifically Mums’ proof reading). I hope I have made you proud. To Andrew Wallace, who has encouraged, cajoled, provided strategic cups of tea and biscuits; thank you. You have had the difficult job of keeping my spirits up and my stress levels down whilst focusing me. The fact that you manage to do this is nothing less than remarkable. Also to Andrew’s parents, Dr Graeme and Gill Wallace, for the weekly encouragement and sage advice from those who have been there before. My thanks to my supervisors, Professor John Phillips and Professor Norman Palmer CBE QC. I will miss the enjoyable and extremely useful supervision meetings. As ever, I remain in awe of your superior knowledge but hope I have contributed something to your areas of interest and expertise. And to Annette Lee, always there in the background troubleshooting to make sure the administration side is sorted, thank you. At English Heritage, thanks to my boss Greg Luton for his continued support, Dr Helen Chappell for her wise words of encouragement, Dr Will Fletcher for reading and commenting on the final draft having finished four months ahead of me, Joanna Crosby for secretarial assistance, and Tom Gilbert- Wooldridge for listening to ideas. At St Edmundsbury Borough Council (past and present) thanks go to Dr Carlton Brand for suggesting the PhD in the first place, Alan Baxter and Maggie Goodger for suggestions formed by experience, and Joy Bowes for allowing me to flex my legal brain again. 6 Thanks to those who widened my horizons and sparked thoughts. In particular, Susan Hughes of the Museums, Libraries and Archives Council and Vanessa Trevelyan, President of the Museums Association – I am extremely grateful to the expertise you shared with me and I hope this thesis will be of continued use to the museums sector. Thanks also go to Hugo Swire MP, Bernard O’Conner, Peter and Vivienne Tobutt. Finally, I must thank my sister, April Gates, for being there when I needed her most. The opinions expressed herein are the views of the author and do not necessarily reflect the stance of those acknowledged. Any errors or omissions are the author’s own. 7 Chapter one: a public service? The argument for museums. Why look at local authority museums? Local authority museums are part of the Victorian municipal legacy. Nestled away in shire county towns and in the hubbub of modern cities, they often are forgotten in the wake of the high profile national museums or more glamorous university museum neighbours. However, local authority museums quietly have been providing a repository for local history with their hidden treasures without major change for the past 150 years1. With different legislative requirements to national museums but with a similar policy framework, local authority museums provide an interesting area of study2. They frequently contain collections which are on a par with those in the national museums but have suffered a certain amount of neglect both as visitor attractions and academic study. This thesis aims to start redressing this inequality for, if local authority museums are to be sustainable in the 21st Century, does the legal and policy framework give the right conditions for this to happen? This thesis is founded on the working hypothesis that local authority museums work within a legal and policy framework which provides conflicting instructions. This divergence prevents them from operating effectively. Therefore changes need to be made to ensure that local authorities continue to provide museum services which are legally and financially viable whilst meeting articulated aspirations of public museums. The legislative anomalies will be examined through the prism of art mobility and acquisition and disposal of artefacts from museums.
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