At its meeting on 18 January 2022, the Committee considered the delegated powers in a UK Bill, the Cultural Objects (Protection from Seizure) Bill ("the Bill") in areas of devolved competence.

Paragraph 1(d) of Rule 6.11 of the Standing Orders provides that the Delegated Powers and Law Reform Committee may consider and report on whether proposed delegated powers in any Bill or other legislation should be expressed as a power to make secondary legislation.

The Bill is a private Member’s Bill introduced in the House of Commons on 18 June 2021 by Mel Stride, MP. The Bill is currently at the Report stage in the House of Commons.

A Legislative Consent Memorandum (“the LCM”) for the Bill was lodged by the Scottish Government on 1 December 2021.

The lead committee for the LCM is the Constitution, Europe, External Affairs and Culture Committee.

The Bill amends section 134 of the Tribunals, Courts and Enforcement Act 2007, a UK Act which makes provision for automatic protection from seizure or forfeiture of art objects brought into the UK on loan for temporary public exhibition in museums and galleries. Protection from seizure or forfeiture may last for a maximum of 12 months after the date the object entered the UK. The Bill provides that a ‘relevant authority’ may extend the maximum period of protection for a further three months. The relevant authority in Scotland is the Scottish Ministers.

There is only one clause in the Bill which confers a delegated power on the Scottish Ministers which alters their executive competence, clause 1(2).

The Bill makes provision for a new power to extend the twelve month maximum period of protection from seizure for cultural objects on loan to galleries and museums from abroad. The ‘relevant authorities’ in each of the UK territories may extend the period of protection for a further three months. The relevant authority in Scotland is the Scottish Ministers and their power to extend protection relates to an object that is in the United Kingdom for the purpose of public display in a temporary exhibition at a museum or gallery in Scotland or which is in Scotland for the following purposes listed in section 134(7) of the 2007 Act:

1. public display in a temporary exhibition at a museum or gallery;

2. going to or returning from public display in a temporary exhibition at a museum or gallery;

3. related repair, conservation or restoration;

4. going to or returning from related repair, conservation or restoration; or

5. leaving the United Kingdom.

The LCM states that the power to extend the period of protection for cultural objects on loan, in certain circumstances, will alleviate concerns of museums and international lenders that protection may expire if loans are delayed within the UK, and increase international lender’s confidence and willingness to lend exhibits thereby providing a boost to the UK exhibitions sector.

The Committee noted that this new power will be exercised by way of administrative decision, rather than secondary legislation. The Committee considered that exercise of the power administratively is a proportionate approach, taking account of the nature of the decision and potential frequency of the need to ensure protection for objects on loan in Scottish institutions.