Acquisition & Disposal Policy

The Council of the National Army Museum at its 136th Meeting on 22 April 2010 approved the following Policy. The Policy is next due for review no later than April 2015.

1. Museum's statement of purpose

The NAM's Mission Statement is:

To interpret and communicate the objects in the Museum's care in ways which inspire, provide enjoyment and provoke questions from diverse audiences.

As a key part of its Mission the Museum looks to achieve its contribution to the Defence Purpose, and to be more widely recognized as a focal point for the Army's material heritage, ethos and ésprit de corps so that the NAM acts as a link between the Army and society, helping to ensure that the two do not grow apart. The NAM's Purpose is thus:

• To reconnect the Army with society.
• To link the past with the present.
• To explain the history of the Army so that everyone can see how it has protected society over time.
• To explain what the Army did, why it did it, how it did it, and the impact that it has on Britain, Europe and the world.
• To use objects in its Collection as tools to deliver the ongoing story of the Army and not as an end in themselves.

2. Authority

1. Authority to collect and dispose of property, including Museum objects, is derived from the National Army Museum's Royal Charter (156KB), first issued in 1960. Its preamble states that the National Army Museum was established, for the purpose of collecting, preserving and exhibiting objects and records relating to the history of Our Army so that the achievements, history and traditions of Our Army should be better made known. 'Our Army' is defined by Her Majesty The Queen in Council as including, the Standing Army, Militia, Yeomanry, Volunteers, Territorial Army of the British Islands, Territorial Army and Volunteer Reserve of the United Kingdom, Our Predecessors' Army in India and the Armies of the East India Company and the Land Forces of Our and Our Predecessors' possessions beyond the seas.
2. In fulfilling these objectives, Article 4 of the Royal Charter (156KB) empowers the Council of the National Army Museum, its governing body,
   1. to purchase, take on lease or in exchange; borrow, hire or otherwise acquire any real or personal property or any rights or privileges which the Council may think necessary, desirable or convenient for the fulfilment of its objectives;
   2. to sell, lease, exchange or otherwise dispose of any property of the Council which the Council considers to be not required for its purposes; ...provided that this Article shall not empower the selling, leasing, exchanging, or otherwise disposing of, or lending any property or object in any manner inconsistent with any condition lawfully attached to any gift or bequest by virtue or in consequence of which that object was vested in the Council.
3. With the exception of accumulations of greater extent than ten cubic metres (see paragraphs 4.5 and 9.8 to 9.10 below), Council has delegated to the Director the collecting, including purchasing, and disposing of items in accordance with this Policy. The decision to accept or decline single donations that do not exceed 50kg in weight, one cubic metre in volume, and of individual flat items each no larger in area than one square metre has been delegated by the Director to the Assistant Director (Collections), reporting as necessary. He/ she will refer to the Director and Management Team offers which are of greater extent, including details of how it is proposed to accommodate and curate them.

3. Existing Collection, including the subjects or themes and the periods of time and geographic areas to which the Collection relates

1. The Museum's collection of Archives, Photographs, Film and Sound contains tens of thousands private, regimental and business papers illustrating more than five centuries of British military history. The Photographic collection comprises an estimated 500,000 images dating from the 1840s to the present day. The small Film collection is composed mainly of 'home movies' taken by soldiers and their families from the 1930s onwards. The Sound collection holds both gramophone records (dating from the 1920s onwards) of British Army and military bands, and over 500 oral history recordings.
2. The collection of the Department of Fine and Decorative Art embraces pictorial works of art, together with three-dimensional arts and crafts such as sculpture, ceramics and silver. The collection includes ethnographic and soldier-made craft objects, as well as jewellery and mess ware. In total the Department holds some 50,000 works on paper, over 650 oil paintings, 1,500 items of silver and 1,200 ceramics.
3. The Museum's collection of Printed Books is the largest in its field readily accessible to the general public. The Department administers over 49,000 volumes published since the early sixteenth century, which include extensive holdings of regimental histories, campaign histories, biographies, Army Lists and other official publications. Files of 700 serials are maintained, of which over 100 are current. While most of the books acquired become part of the Permanent Collection, some are required for short-term reference purposes only and are not therefore accessioned.
4. The Department of Exhibits was created in June 2009, merging the former departments of Uniform, Badges & Medals and Weapons, Equipment & Vehicles. The collection includes over 80,000 items of uniform and other garments dating from the mid-seventeenth century to the present day, comprising not only one of the world's largest collections of male costume, but also a significant assemblage of female military attire. In addition it holds almost 1000 colours, guidons and flags, 200 shabraques, 250,000 badges, and 20,000 medals including 38 Victoria Crosses. The Museum's collection of weapons covers those used by the British soldier from the age of the longbow to the present day, and includes around 3000 edged weapons, over 200 polearms, and over 1,500 firearms; together with in excess of 12,000 items of personal equipment, scientific instruments, models and dioramas, musical instruments, armour and horse furniture, and over 40 larger items such as military vehicles and artillery.
5. The National Army Museum also has small numbers of books and objects relating to foreign armies for comparative purposes. It will continue to accept donations and bequests of (but not to purchase) material relating to foreign armies with a clear comparative role and high potential for display and/ or research. Any material acquired will become part of the Permanent Collection.
6. The Museum collects relevant material from the middle ages to the present day, having regard to the limitations and the future collecting plans outlined below. As the Collection relates to the British Army its geographical remit extends to all parts of the world where British land forces have fought or been stationed.

4. Criteria governing future acquisition policy including the subjects or themes, periods of time and geographic areas and any collections which will not be subject to further acquisition.

1. It is the aim of the National Army Museum to be the best possible repository for collections of national and international importance relating to the history of 'Our Army', as defined in the Museum's Royal Charter (156KB).
2. The Museum seeks to acquire objects that illustrate the story of the Army, as described in the Royal Charter (156KB).
3. Subject to resources, attempts will be made to increase coverage of those areas under-represented in the existing Collection - in particular central Africa, central America and the West Indies, China, the Malayan peninsula, and Australasia. The Museum will continue to acquire objects dating from the middle ages to the present day, in line with the Royal Charter (156KB).
4. Half a century of collecting has resulted in a Collection with particular strengths and depth in the period c1790-1920. It is unlikely that the collections outside this period will ever be more than representative, but collecting efforts will be concentrated upon strengthening the Museum's pre-1790 and post-1920 holdings, while also securing items of national and international importance to augment those of 1790-1920.
5. As a National Museum the National Army Museum will confine itself to collecting items of national scope and importance with the maximum potential for display, education and research. In view of the costs of curation, storage, conservation and security, clear public benefit must be shown before items are added to the collections, and the fact that the Museum does not already have an exact or similar example is not on its own sufficient reason for making an acquisition. The Museum will not add further items to any of the regimental collections in its possession unless they are of national or international importance. It is the Museum, corporately, which is the proper judge of these attributes which will be determined against the Waverley Criteria. Unless a potential acquisition is 'closely connected with our history and national life', 'of outstanding aesthetic significance' or 'of outstanding significance for the study of some particular branch of art, learning or history', it will not normally be accepted for the Collection of the National Army Museum. For this reason there is a strong presumption that no further Regimental or Corps collections can be accepted in their entirety, and all offers of significant parts of such collections will be reported to Council by the Director and considered by Council, having regard to any risk to the NAM's reputation and resources, before a decision is made whether or not to accept them.
6. Future collecting for the Department of Archives, Photographs, Film & Sound: Pre-1750 archives for display purposes; and more recent material, particularly post-1945, for display and research. Continuation of the oral history programme, subject to resources. A more selective approach to collecting memoirs of recent military service, and transcripts of documents in other collections.
7. Future collecting for the Department of Fine & Decorative Art: Contemporary, good quality, oil paintings of battle scenes, including Waterloo, and of some personalities - Wellington and Kitchener for example. Early prints and engravings, drawings and representations of military buildings and encampments, soldier art, material from current operations, and high-quality work from earlier periods.
8. Future collecting for the Department of Printed Books: Scarce and scholarly works on the 1790-1920 period, and detailed reference books required by curators and conservators.
9. Future collecting for the Department of Exhibits: Sealed Pattern items, particularly pre-1920, and rare uniforms of all periods. A small number of historically important medals are needed to fill gaps in the collection - the Cumberland Medal for example. Select military commemorative medals with direct display potential will be acquired, but given the size of the existing collection campaign medals of exceptional interest only will be accepted, unless part of important cross-departmental acquisitions. Items that fill the few gaps identified in the collections of edged weapons and firearms will be acquired, and the collection of hand-held weapons will be kept up to date. Attempts will also be made to strengthen the collection of Indian Army swords.
10. The Museum does not intend to collect any objects not covered by its Royal Charter (156KB). It will not accept items offered on long-term or indefinite loan, as inward loans are only taken for Special Exhibitions. The National Army Museum shall be the proper and sole judge when deciding whether objects should be acquired for the Collection. The decision to acquire objects for the Collection is to be taken by Council, or the Director or the Assistant Director (Collections) acting on behalf of the Council (see paragraph 2.3). Items will not normally be accepted for the Collection if;
    • they are beyond economic repair
    • they are, or are likely to become, physically dangerous and/ or a health and safety hazard or a hazard to other objects within the Collection
    • they are beyond the means of the Museum to conserve, store, document or make accessible to an adequate standard
    • they are accompanied by unduly restrictive conditions.

5. Limitations on collecting

1. The National Army Museum recognises its responsibility, in acquiring additions to its Collection, 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

1. The Museum will take account of the collecting policies of other museums, libraries and archives 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. The Museum will avoid competing knowingly at auction with Regimental or Corps museums, or with any other publicly-funded museum, gallery, library or archive. Specific reference is made to the following museums:
   • British Library
   • Imperial War Museum
   • National Museum of Ireland
   • National Portrait Gallery
   • National War Museum of Scotland
   • Regimental and Corps Museums
   • Royal Air Force Museum.

7. Policy review procedure

1. This Policy supersedes and cancels all earlier and existing policies, practices and customs. The Acquisition and Disposal Policy will be published and reviewed from time to time, at least once every five years. The Policy is next due for review no later than April 2015.
2. The Museums, Libraries and Archives Council (MLA) 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

1. Acquisitions outside the current stated policy will only be made in very exceptional circumstances, and then only after proper consideration by the Director and Council of the National Army Museum, having regard to the interests of other museums.

9. Acquisition procedures

1. The Museum will exercise due diligence and make every effort not to acquire, whether by purchase, gift, bequest or exchange, any object or specimen unless the Council of the National Army Museum or Director is satisfied that the Museum can acquire a valid title to the item in question.
2. In particular, the Museum 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).
3. 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 1 November 2002, and the Dealing in Cultural Objects (Offences) Act 2003, the Museum will reject any items that have been illicitly traded. The Council and Director will be guided by the national guidance on the responsible acquisition of cultural property issued by the Department of Culture, Media and Sport (DCMS) in 2005, and any subsequent editions or relevant legislation.
4. So far as biological and geological material is concerned, the Museum will not acquire by any direct or indirect means any specimen that has been collected, sold or otherwise transferred in contravention of any national or international wildlife protection or natural history conservation law or treaty of the United Kingdom or any other country, except with the express consent of an appropriate outside authority.
5. The Museum will not acquire archaeological antiquities (including excavated ceramics) in any case where the Council of the National Army Museum or the Director has any suspicion that the circumstances of their recovery involved a failure to follow the appropriate legal procedures. In England, Northern Ireland and Wales the procedures include reporting finds to the landowner or occupier of the land and to the proper authorities in the case of possible treasure as defined by the Treasure Act 1996. The Museum will abide by the requirements of the Coroners Act 2009 (c.25) which may involve the reporting of objects believed to be Treasure to the Coroner for Treasure, where there is no evidence that such objects have previously been reported.
6. Any exceptions to the above clauses 9.1 to 9.3 and 9.5 will only be because the Museum 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 the Museum will be open and transparent in the way it makes decisions and will act only with the express consent of an appropriate outside authority.

7. As the Museum holds human remains under 100 years old, it will obtain the necessary licence under the Human Tissue Act 2004. However, as the only human remains under 100 years held by the Museum are the fingers and toes of Major Lane (NAM. 2000-10-208-1 & -2), a licence will become necessary only upon the death of Major Lane. As the Museum holds human remains from earlier periods, it will follow the procedures in the 'Guidance for the care of human remains in museums' issued by DCMS in 2005. The Museum does not intend actively to collect human remains in the future.
8. All items donated to or purchased by the National Army Museum become the absolute property of Council, whether formally accessioned or not. Every effort will be made to acquire the intellectual property rights (where these still exist) in items at the time of acquisition. The inability to achieve this, particularly if caused by undue complexities and/ or disputes among the owners or alleged owners of the rights, may result in the acquisition process being terminated.
9. The decision to accept or decline single donations that do not exceed 50kg in weight, one cubic metre in volume, and of individual flat items each no larger in area than one square metre has been delegated by the Director to the Assistant Director (Collections), reporting as necessary. He/ she will refer to the Director and Management Team offers which are of greater extent, including details of how it is proposed to accommodate and curate them. The decision to accept or decline accumulations in excess of ten cubic metres will be taken by Council; see also 4.5 above. With the exception of accumulations of greater extent than ten cubic metres (see paragraphs 4.5 and 9.8 to 9.10), Council has delegated to the Director the collecting, including purchasing, and disposing of items in accordance with this Policy.
10. Council reserves the right to require a 'dowry' of money, staff or premises (or any combination thereof) as a condition of accepting any item or items for the Collection.
11. Only rare items, which it is unlikely the Museum would be offered as a gift or bequest, will be purchased. Prior permission must be obtained from Council to purchase accumulations greater in extent than ten cubic metres.
12. In the interests of propriety, items will never be purchased for the Collection from serving Members of the NAM Council, Honorary Officers, serving members of the NAM Staff, serving Trustees of the NAM Development Trust, and serving Officers and Council Members of the Society of Friends of the National Army Museum, or partners or business associates of any of the above. A period of seven years will run from the date that a person ceases to be in any of the above categories before the Museum will consider purchasing items from them.

10. Spoliation

1. The Museum will use 'Spoliation of Works of Art during the Holocaust and World War II period: Statement of Principles and Proposed Actions', issued by the National Museum Directors' Conference in 1998, and report on them in accordance with the guidelines and any subsequent editions thereof. Prompt and serious consideration will be given to claims that an item in the Collection was spoliated during the Nazi persecutions of 1933-45. Measures will be taken to provide restitution to the legal owner or otherwise settle the claim, acting on appropriate expert and legal advice. The Council of the NAM will be informed of all such requests and of their outcome.

11. Repatriation and Restitution of objects and human remains

1. The Council of the National Army Museum, acting on the advice of the Director, and Assistant Director (Collections), may take a decision to return human remains (unless covered by the 'Guidance for the care of human remains in museums' issued by DCMS in 2005), objects or specimens to a country or people of origin. The Museum will take such decisions on a case by case basis, within its legal position and taking into account all ethical implications and available guidance. This will mean that the procedures described in paragraphs 13.1 - 13.4, 15.1 and 20.1 below will be followed but the remaining procedures are not appropriate.
2. The disposal of human remains from museums in England, Northern Ireland and Wales will follow the procedures in the 'Guidance for the care of human remains in museums'. Requests for the return of objects of cultural patrimony and human remains will be treated with respect and sensitivity. Decisions will be based on available evidence, ethical considerations, and a full consideration, on the basis of appropriate expert and legal advice, of all the options and opportunities. The Council of the NAM will be informed of all such requests and of their outcome.

12. Management of archives

1. As the Museum holds archives, including photographs and printed ephemera, the Council of the National Army Museum will be guided by 'A Code of Practice on Archives for Museums and Galleries in the United Kingdom' (3rd ed., 2002 and any subsequent revisions), and also aim to meet the standards outlined in the current edition of the 'The National Archives Standard for Record Repositories'.

13. Disposal preliminaries

1. The Council of the National Army Museum will ensure that the disposal process is carried out openly and with transparency.
2. By definition, the Museum has a long-term purpose and holds collections in trust for society in relation to its stated objectives. The Council of the National Army Museum therefore 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 collections. It is necessary periodically to assess the continuing relevance of items in the collections to ensure that they fall within the Royal Charter (156KB).
3. The Museum will confirm that it is legally free to dispose of an item and agreements on disposal made with donors will be taken into account.
4. When disposal of a Museum object is being considered, the Museum 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.

14. Motivation for disposal and method of disposal

1. When disposal is motivated by curatorial reasons the procedures outlined in paragraphs 15.1 to 20.1 will be followed and the method of disposal may be by gift or sale. The main curatorial reasons for considering disposal will be when an item;
   • has deteriorated beyond economic repair
   • is dangerous, and/ or has become a health and safety hazard or a hazard to other objects within the collections
   • has been found to be a duplicate, where the terms of acquisition permit the disposal of one example
   • is claimed by an individual or another institution with a better title to ownership than the National Army Museum
   • does not fall within the terms of the Royal Charter (156KB) and/ or this Policy, or is unsuitable for retention for other curatorial reasons.
2. 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 15.1 - 18.3 and 20.1 will be followed. In cases where disposal is motivated by financial reasons, the Council and Director of the National Army Museum 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 collections
   • 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.
3. Serving Members of the NAM Council, Honorary Officers, serving members of the NAM Staff, serving Trustees of the NAM Development Trust, and serving Officers and Council Members of the Society of Friends of the National Army Museum, or partners or business associates of any of the above will not be permitted to acquire, by purchase or otherwise, objects that have been de-accessioned or otherwise disposed of (if not formally accessioned) direct from the NAM collections.

15. The disposal decision-making process

1. Whether the disposal is motivated either by curatorial or financial reasons, the decision to dispose of material from the Collection will be taken by the Director, using devolved authority, only after full consideration of the reasons for disposal. Other factors including the public benefit, the implications for the Museum's Collection 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, bearing in mind that National Army Museum staff are likely to be the acknowledged experts in the items being considered for disposal. The views of stakeholders such as donors, researchers, local and source communities and others served by the Museum will also be sought.

16. Responsibility for disposal decision-making

1. A decision to dispose of a specimen or 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 Collection or for reasons of health and safety), will be the responsibility of the Director acting on the advice of the Museum's curatorial staff, and not of any curator acting alone. The signatures of the Collections Review Officer or a curator, the appropriate Head of Department, the Assistant Director (Collections) and the Director will be required on each disposal form.

17. Use of proceeds of sale

1. Any monies received by the Council of the National Army Museum from the disposal of items will be applied for the benefit of the 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 Collection 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.
2. 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.

18. Disposal by gift or sale

1. 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.
2. 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 journals where appropriate.
3. 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. Preference will be given to appropriate museums, libraries and archives that are also preferably Registered Charities.

19. Disposal by exchange

1. The Museum will not dispose of items by exchange.

20. Documenting disposal

1. 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 deaccession and disposal.
2. Details of the disposal of any objects from the Collection will be reported to Council on an annual basis and published in the Annual Accounts.