Changes to laws on charities transferring objects have been delayed further following last year’s general election, the government has confirmed.
Ex gratia payment rule changes, which form two sections of the Charities Act 2022, were set to come into force last year under the previous Conservative government’s plans.
However, following the general election, the changes were not introduced in 2024 and the new Labour government is now considering how to proceed.
Concerns from previous administration
The previous government initially delayed implementation of sections 15 and 16 of the act in 2022 to allow “further consideration” of their implications.
Former charities minister Lord Kamall was concerned that the changes would remove the Commission’s oversight of trustees’ decisions to restitute an object such as the return of the Benin bronzes to Nigeria by the Horniman Museum.
Then at the start of last year, former arts and heritage minister Lord Parkinson wrote to Charity Commission chair Orlando Fraser to confirm the government’s plans to exclude overseas transfers of property from the laws, meaning charities would still need to seek the regulator’s approval.
It also revealed plans to exclude national museums and galleries from the provisions, meaning they would continue to be bound by their governing documents for transfers of all items.
Responding to the letter last year, Fraser said “These provisions will help charities to save time and money in dealing with relatively small ex gratia payments, often relating to wills and legacies.
“They will also allow the Commission to focus our resources more efficiently on larger and more complex cases.”
A government spokesperson said it was now “considering how best to commence sections 15 and 16 of the Charities Act 2022”.
They declined to specify when the sections would now be introduced.
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