Commentary on Sections and Schedules Section 2:  Power to return victims’ property
11.Section 2 sets out the power to return an object given to the Trustees of bodies listed in section 1 and the two conditions that must be met before the power can be exercised. The conditions are:
	firstly, that the return of the object to a person has been recommended by the Advisory Panel (subsection (2)); and
	secondly, that the Secretary of State has approved the Panel’s recommendation (subsection (3)).
12.The consent of Scottish Ministers must be given before the Secretary of State can approve the recommendation if it concerns an object in the collection of a Scottish body, that is the Board of Trustees for the National Galleries of Scotland; the Trustees of the National Library of Scotland or the Board of Trustees of the National Museums of Scotland.
13.The power to return an object to a victim does not override any trust or condition subject to which an object is held.