Acquisition and Disposals Policy

Rye Art Gallery Acquisitions and Disposals Policy

1. Rye Art Gallery's (RAG) Statement of Purpose (Chimes with the Trust Deed and the RAG Strategic Plan). RAG was created as a charitable trust in 1957 from a bequest of property, money, art and artifacts from the Rye artist Mary Stormont (1871-1962). The gallery is housed in two adjacent heritage buildings, the Stormont Studio and the Easton Rooms with a main entrance at 107 High Street, within the conservation area of Rye. There is a development project under way to integrate and improve the two buildings. The aim of the trust remains the “propagation of knowledge concerning the fine arts and in particular the art of painting and the stimulation of interest in and the encouragement of the same by the provision and arrangement of exhibitions and lectures and of facilities for instruction in the same”.

2. The objectives remain as the establishment and maintenance (but in such a manner that the Trust shall at all times be a charity) of all of the following in Rye: “an art gallery, picture gallery, art school and lecture hall”. These objectives are fulfilled within the infrastructure as below.

- An Art Gallery: The Easton Rooms (named after founder Trustee Eileen Easton) was a later addition to the Trust. It is recognised nationally and regionally for its high quality themed selling exhibitions of affordable works by contemporary artists and crafts people. Many of them are local to Rye and before their works are exhibited, they are subject to a selection process by a panel of their peers. This venture provides a key bridge between contemporary artists and the community.

- A Picture Gallery: The Stormont Studio houses a collection of more than 400 works (known as the “Permanent Collection”) which has grown from the initial Stormont Bequest, through further donations, loans and purchases, often using money raised by the Friends of Rye Art Gallery (FRAG).

- An Art School: The Stormont Studio provides the infrastructure for occasional young peoples’ and other workshops and as a meeting place for other art related organisations such as the Rye Potters.

- A Lecture Hall: The Stormont Studio provides the infrastructure for Friends’ activities and events, including the programme of monthly art related lectures and other events.

2. Permanent Collection: This comprises mainly 19th and 20th Century paintings, prints, drawings, photographs and sculptures by artists from or with connections with the Southeast. Those represented in the collection are of regional and national importance including Edward Burra, Paul Nash, Jacob Epstein, Ceri Richards, Graham Sutherland, Ivon Hitchens, Duncan Grant and Vanessa Bell. There is also an archive of personal letters, texts and photographs, many relating to Edward Burra. The collection provides a context for exhibitions. A text-based catalogue of works is being developed into a digital database, with touch screen access in the gallery.

3. RAG Vision.

The Trustees strive for constant improvement to a visual arts cultural centre of excellence in Rye, of regional importance, with inclusive and free public access. They work to improve its standing by pursuing objectives which are true to the Trust Deed and aimed at providing better benefits to the local community, local artists and the local economy, as well as providing a bridge between the past and present arts community in Rye.

4. Criteria Governing Future Acquisition: The Rye Art Gallery Trust will continue to build up and improve its collection of works of art by seeking to acquire works by:

- Renowned artists with connections local to the Southeast, including artworks by Edward Burra and artefacts relating to his work and life;

- Accepting artworks from local benefactors, in keeping with Rye Art Gallery's policy of: "the propagation of knowledge concerning the fine arts and in particular the art of painting and the stimulation of interest in and the encouragement of the same through the acquisition gift or loan or, in any other manner, for the purpose of public display thereof of artworks."

- The purchase and acquisition of works by living artists of renown, in particular, Royal Academicians and others of good standing, working in the South East Region.

5. Limitations on Collecting: RAG recognises its responsibility, in acquiring additions to its collections, to ensure that care of collections, documentation arrangements and use of collections will meet the requirements of the Accreditation Standard. It will take into account limitations on collecting imposed by such factors as staffing, storage and care of collection arrangements.

6. Collecting Policies of Other Museums: RAG will take account of the collecting policies of other museums and other organisations collecting in the same or related areas or subject fields. It will consult with these organisations where conflicts of interest may arise or to define areas of specialisms, in order to avoid unnecessary duplication and waste of resources. Specific reference is made to the Rye Castle Museum.

7. Policy review procedure: The Acquisition and Disposal Policy will be reviewed at least once every five years. The date when the policy is next due for review is mid 2012. The MLA Council will be notified of any changes to the Acquisition and Disposal Policy and the implications of any such changes for the future of existing collections.

8. Acquisitions not Covered by the Policy: Acquisitions outside the current stated policy will only be made in very exceptional circumstances, and then only after proper consideration by the RAG Trust, having regard to the interests of other museums.

9. Acquisition procedures

a. RAG will exercise due diligence and make every effort not to acquire, whether by purchase, gift, bequest or exchange, any object or specimen unless the Trust Board is satisfied that the gallery can acquire a valid title to the item in question.

b. In particular, RAG will not acquire any object or specimen unless it is satisfied that the object or specimen has not been acquired in, or exported from, its country of origin (or any intermediate country in which it may have been legally owned) in violation of that country’s laws. (For the purposes of this paragraph `country of origin’ includes the United Kingdom).

c. In accordance with the provisions of the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which the UK ratified with effect from November 1 2002, and the Dealing in Cultural Objects (Offences) Act 2003, the RAG Trust will reject any items that have been illicitly traded. The governing body will be guided by the national guidance on the responsible acquisition of cultural property issued by the Department for Culture, Media and Sport in 2005.

d. RAG will not acquire any biological or geological material.

e. RAG will not acquire any archaeological material.

f. Any exceptions to the above clauses 8a, 8b, 8c, or 8e will only be because RAG is either: acting as an externally approved repository of last resort for material of local (UK) origin; or
acquiring an item of minor importance that lacks secure ownership history but in the best judgement of experts in the field concerned has not been illicitly traded; or acting with the permission of authorities with the requisite jurisdiction in the country of origin; or in possession of reliable documentary evidence that the item was exported from its country of origin before 1970. In these cases RAG will be open and transparent in the way it makes decisions and will act only with the express consent of an appropriate outside authority.

g. RAG does not hold nor intend to acquire any human remains.

10. Spoliation: RAG will use the statement of principles ‘Spoliation of Works of Art during the Nazi, Holocaust and World War II period’, issued for non-national museums in 1999 by the Museums and Galleries Commission.

11. Repatriation and Restitution of objects and human remains does not apply to Rye Art Gallery.

12. Management of Archives: As RAG holds and intends to acquire archives, including photographs and printed ephemera, its governing body will be guided by the Code of Practice on Archives for Museums and Galleries in the United Kingdom (3rd ed., 2002).

13. Disposal procedures:

a. The RAG Trust will ensure that the disposal process is carried out openly and with transparency.

b. By definition, RAG has a long-term purpose and holds
collections in trust for society in relation to its stated objectives. The RAG Trust accepts the principle that sound curatorial reasons for disposal must be established before consideration is given to the disposal of any items in the museum’s collection.

c. RAG will confirm that it is legally free to dispose of an
item and agreements on disposal made with donors will be taken
into account.

d. When disposal of an object is being considered, RAG will establish if it was acquired with the aid of an external funding organisation. In such cases, any conditions attached to the original grant will be followed. This may include repayment of the original grant and a proportion of the proceeds if the item is disposed of by sale.

e. When disposal is motivated by curatorial reasons the procedures outlined in paragraphs 12g-12s will be followed and the method of disposal may be by gift, sale or exchange.

f. In exceptional cases, the disposal may be motivated principally by financial reasons. The method of disposal will therefore be by sale and the procedures outlined below in paragraphs 12g-12m and 12s will be followed. In cases where disposal is motivated by financial reasons, the governing body will not undertake disposal unless it can be demonstrated that all the following exceptional circumstances are met in full:

• the disposal will significantly improve the long-term public benefit derived from the remaining collection,

• the disposal will not be undertaken to generate short-term revenue (for example to meet a budget deficit),

• the disposal will be undertaken as a last resort after other sources of funding have been thoroughly explored.

g. Whether the disposal is motivated either by curatorial or financial reasons, the decision to dispose of material from the collections will be taken by the RAG Trust only after full consideration of the reasons for disposal. Other factors including the public benefit, the implications for the museum’s collections and collections held by museums and other organisations collecting the same material or in related fields will be considered. External expert advice will be obtained and the views of stakeholders such as donors, researchers, local and source communities and others served by the museum will also be sought.

h. A decision to dispose of an object, whether by gift, exchange, sale or destruction (in the case of an item too badly damaged or deteriorated to be of any use for the purposes of the collections or for reasons of health and safety), will be the responsibility of the RAG Trust acting on the advice of its professional curatorial staff and not of the curator of the collection acting alone.

i. Any monies received by the museum governing body from the disposal of items will be applied for the benefit of the Permanent Collection. This normally means the purchase of further acquisitions. In exceptional cases, improvements relating to the care of collections in order to meet or exceed Accreditation requirements relating to the risk of damage to and deterioration of the collections may be justifiable. Any monies received in compensation for the damage, loss or destruction of items will be applied in the same way. Advice on those cases where the monies are intended to be used for the care of collections will be sought from MLA.

j. The proceeds of a sale will be ring-fenced so it can be demonstrated that they are spent in a manner compatible with the requirements of the Accreditation standard.

k. Once a decision to dispose of material in the collection has been taken, priority will be given to retaining it within the public domain, unless it is to be destroyed. It will therefore be offered in the first instance, by gift or sale, directly to other Accredited Museums likely to be interested in its acquisition.

l. If the material is not acquired by any Accredited Museums to which it was offered directly as a gift or for sale, then the museum community at large will be advised of the intention to dispose of the material, normally through an announcement in the Museums Association’s Museums Journal, and in other specialist art journals where appropriate.

m. The announcement relating to gift or sale will indicate the number and nature of specimens or objects involved, and the basis on which the material will be transferred to another institution. Preference will be given to expressions of interest from other Accredited Museums. A period of at least two months will be allowed for an interest in acquiring the material to be expressed. At the end of this period, if no expressions of interest have been received, the museum may consider disposing of the material to other interested individuals and organisations giving priority to organisations in the public domain.

n. The nature of disposal by exchange means that the museum will not necessarily be in a position to exchange the material with another Accredited museum. The governing body will therefore ensure that issues relating to accountability and impartiality are carefully considered to avoid undue influence on its decision-making process.

o. In cases where the RAG Trust wishes for sound curatorial reasons to exchange material directly with Accredited or unaccredited museums, with other organisations or with individuals, the procedures in paragraphs 12a-12d and 12g-12h will be followed as will the procedures in paragraphs 12p-12s.

p. If the exchange is proposed to be made with a specific Accredited museum, other Accredited museums which collect in the same or related areas will be directly notified of the proposal and their comments will be requested.

q. If the exchange is proposed with a non-accredited museum, with another type of organisation or with an individual, the museum will make an announcement in the Museums Journal and in other specialist art journals where appropriate.

r. Both the notification and announcement must provide information on the number and nature of the specimens or objects involved both in the museum’s collection and those intended to be acquired in exchange. A period of at least two months must be allowed for comments to be received. At the end of this period, the governing body must consider the comments before a final decision on the exchange is made.

s. Full records will be kept of all decisions on disposals and the items involved and proper arrangements made for the preservation and/or transfer, as appropriate, of the documentation relating to the items concerned, including photographic records where practicable in accordance with SPECTRUM Procedure on de-accession and disposal.

Chair RAG Trustees
28 March 2010

(Agreed out of committee by the RAG Trust Board on 28 March 2010, as conforming to the model published by MLA Council 4 April 2008, which replaces that published in the Accreditation Standard, 2004. Previous RAG policy was dated Mar 08)