The Holocaust (Return of Cultural Objects) Bill is to become law in mid-January 2010, it was announced last month.
The act will cover items looted during the Nazi era of 1933-45. It is already possible for anyone who lost possession of an artefact during the period, where the artefact is in a UK national museum or gallery, to make a claim for its return through the Spoliation Advisory Panel (SAP).
But the new law will allow national museums that are currently legally prevented from deaccessioning material, to give back artefacts if the Spoliation Panel so advises and government agrees. Claimants will have ten years to present to SAP before the expiration of the Act on 12 November 2019.
It is thought that there are 20 items within museums that could have potential claimants. But although the House of Lords discussed this during the passage of the Bill through Parliament, the detail has been unobtainable.
The British Museum (BM) one of the nationals previously prevented from deaccessioning, would be able to return from January. But a spokeswoman for the museum said: "In the case of the BM we are not anticipating any future cases relating to Nazi spoliation."
The British Museum was involved in two previous claims that were considered by SAP in 2006 and 2008. In both cases it appears the claimants wished for restitution. The first case of four Old Master drawings belonging to the estate of Czechoslovakian Arthur Feldmann, originally began in 2002.
The Commission for Looted Art in Europe (CLAE) represented the Feldmann family, who worked in conjunction with the British Museum to reach a resolution. In 2000, the BM expressed to the Culture, Media and Sport Select Committee a wish to find a way to return objects looted by the Nazis now held within its collections.
The BM considered itself morally obliged to return in the Feldmann case, and went as far as asking the attorney general to authorise it without the need for amending the British Museum Act of 1963. When this failed, the claimants decided to accept compensation instead of restitution.
But although the BM "supported the principle of the Bill", it questioned the need for a change in legislation, especially as its two cases "had been resolved to the satisfaction of all parties".
The new law will not be retrospective, meaning that the Feldmann family who originally requested restitution will not be able to give back the compensation they received in return for the drawings.
In the case of the Beneventan Missal, owned by the British Library and claimed by a cathedral in Benevento, Italy, in which SAP recommended return in 2005; under the new act the cathedral will have to submit a new claim if it still wants the manuscript.
Because of the contradiction in the Beneventan case - where the British Library was unable to legally return - that SAP called for a change in legislation. Norman Palmer, a member of SAP, said: "It is not good for museums to be constrained from doing what they feel morally compelled to do."
A rush of claims is now unlikely. Since SAP was set up in 2000, only nine cases have been considered and recommendations made.
The Holocaust Act is specific to the Nazi era and so narrowly drafted that indigenous and other cultural groups will not benefit directly from this.
But Palmer said perhaps in the future, this new act, along with the Human Tissue Act of 2004 could mean "other claimants may detect in these developments the prospect of a greater potential parliamentary sympathy for return at large".
Year 2001
Institution Tate Gallery
Object View of Hampton Court Palace painting by Jan Griffier the Elder
Recommendations Claim upheld. Ex-gratia payment of £125,000 to claimants by government
Year 2004
Institution Glasgow City Council (Burrell Collection)
Object Still Life painting, formerly attributed to Chardin
Recommendations Restitution recommended by panel but Glasgow instead made ex-gratia payment of £10,000
Year 2005
Institution British Library
Object The Beneventan Missal, 12th century manuscript
Recommendations Restitution recommended but prevented by legal restrictions
Year 2006
Institution Ashmolean Museum
Object Portrait of a Young Girl in a Bow Window, painting attributed to Nikolaus Alexander Mair von Landshut
Recommendations Claim rejected by panel
Year 2006
Institution British Museum
Object Set of four drawings including The Holy Family by Niccolo dell’Abbate
Recommendations Government made ex-gratia payment of £175,000
Year 2007
Institution Courtauld Institute of Art
Object Three drawings including A lion, attributed to Carl Ruthart
Recommendations Restitution recommended by panel and enacted by the Courtauld
Year 2007
Institution Courtauld Institute of Art
Object Three Rubens paintings
Recommendations Claim rejected by panel
Year 2008
Institution British Museum and Fitzwilliam Museum
Object Porcelain dish at the British Museum and glass cooler at the Fitzwilliam
Recommendations Restitution recommended but BM prevented by law from doing so. £18,000 ex-gratia payment made by government
Year 2009
Institution Samuel Courtauld Trust (the Courtauld)
Object Eight drawings
Recommendations Claim rejected
