Commentary on Sections Section 2
10.Section 2 provides that certain parts of existing legal documents restricting lending and the display of items received on loan will cease to have effect. Future lending and receipt of items will instead be subject to the Council and Burrell Trustees reaching agreement in terms of the code under section 1(2). Clause NINTH of the 1944 Agreement states that:-
“The building in which the Collection is housed shall contain only (one) the Collection gifted by the Donors and any further articles purchased by the Trustees of either of them for the Collection as aftermentioned, (two) any articles which may hereafter be donated to the Collection by the Donors or either of them, and (three) any articles which may be donated or bequeathed to the Donees by the Donors’ daughter, Miss Marion Burrell, provided the said articles be deemed, by the experts to be appointed hereafter to advise on purchases for the Collection, suitable for the Collection, and no other pictures or works of art of any description shall be housed therein. It is the Donors wish that the Collection should comprise only works of the highest merit and the Donees shall not be entitled on any pretext whatever to sell, or donate or exchange any item or part of the Collection once it has formed part of the Collection but the Donees shall be entitled from time to time to lend temporarily to responsible bodies any article or articles forming part of the Collection as they may think fit for exhibition in any Public Gallery in Great Britain.”
11.Purpose IN THE SEVENTH PLACE of the Will states that:-
“… And I further stipulate that the building in which the “The Burrell Collection” is housed shall contain only the pictures and works of art et cetera bequeathed or gifted by me or my said wife and such other pictures and works of art et cetera as may be purchased for “The Burrell Collection” in terms hereof and no works of art except those forming “The Burrell Collection” shall at any time be housed in the said building: And it is my wish that the collection should contain works of art of the highest merit only:  And I expressly stipulate that the said Corporation shall not on any pretext whatever be entitled to sell or donate or exchange or part with any item of “The Burrell Collection” once it has formed part of that Collection:  But this stipulation is not intended to prohibit the said Corporation from lending temporarily from time to time to responsible Bodies, such articles except pastels, tapestries, carpets, rugs, lace, needlework and all other textiles forming part of that collection as they make think proper for exhibition in any Public Gallery in Great Britain;  And I declare these directions and stipulations shall apply also to any articles purchased in terms of Purpose IN THE LAST PLACE hereof or from any cash gifts made by me to the said Corporation for the purposes of the said Collection.”
12.The reference in purpose IN THE SEVENTH PLACE of the Will to purpose IN THE LAST PLACE of the Will means that currently items purchased for the Collection by the Burrell Trustees are similarly subject to the same lending restrictions contained in purpose IN THE SEVENTH PLACE.
13.The effect of section 2 is that the restrictions prohibiting lending outwith Great Britain, the restrictions on the lending of pastels, tapestries, carpets, rugs, lace, needlework and all other textiles forming part of the Collection and apparent restrictions on the receipt of items to be displayed alongside the Collection will cease to have effect. For ease of reference extracts from the Will and Agreement noted above have text emboldened to highlight the restrictions they contain.