Commentary on Sections Section 3
14.Section 3 set out terms which are defined in the Act. Two key terms are “a Borrower” and “the Accreditation Scheme” as these set out the basis for the quality and type of museum or gallery to which the Council may lend with the new powers in the Act. A “Borrower” must be part of “the Accreditation Scheme” or operate to a standard which is equivalent that the standard expected under the Accreditation Scheme.
15.The Accreditation Scheme is administered by the Arts Council of England in partnership with CyMAL: Museum, Archives, Libraries Wales, Museums Galleries Scotland and the Northern Ireland Museum Council. The Accreditation Scheme aims to encourage high standards across museums and galleries in the United Kingdom. More details on the operation of the Accreditation Scheme can be found at http://www.artscouncil.org.uk
16.The inclusion in the Act of the reference to the Accreditation Scheme is to provide a recognised reference point by which all proposed borrowers should be assessed.
17.As the Accreditation Scheme operates in the United Kingdom, where lending to an overseas museum or gallery is proposed, the Council and the Burrell Trustees would have to be satisfied that the proposed borrower operated to a standard equivalent to the Accreditation Scheme. It would be anticipated to be an extremely rare occasion in which the Council and the Burrell Trustees would permit lending to a United Kingdom situated museum or gallery which was not part of the Accreditation Scheme or, in the case of overseas lending, provided satisfactory evidence that the museum or gallery operates to equivalent standards.
18.Section 3, by defining “publish” and “publication”, also sets out the manner in which the Council shall publish the code (and revised versions) referred to in section 1(2).