BIOS has been concerned for many years about the lack of direct legal protection for historic   pipe organs in Britain. Within the framework of Ecclesiastical Exemption the Church of England attempts this, but the results are unpredictable, and even if the churches are thereby shielded from secular law, most diocesan legal decisions concerning organs look to civil law for guidance.

Under British law, which is at present the Planning (Listed Buildings and Conservation Areas) 
Act 1990, organs are not mentioned at all, and although arguably they could be protected as a fixture in a listed building, the question often arises as to whether or not an organ is a fixture or fitting, as fittings in buildings are not protected. In addition, the law as it stands also leaves important organs in unlisted buildings without any protection.

Now that the Department of Culture Media and Sport has declared its intention to draft new primary legislation, combining the laws affecting Ancient Monuments and Listed Buildings in a new Register of Historic Sites, ignoring organs - an important musical and historical resource - amounts to an unrealized potential for cultural benefit, and surely cannot be justified any longer. The British Institute of Organ Studies [BIOS] is therefore attempting to have the protection of pipe organs adequately covered in the new Bill.  It would encourage the Government to focus on this issue and give it a higher priority if there was support for this important matter. 

You are encouraged to send a brief letter of support for the recognition of organs in the forthcoming legislation. These should be addressed to 

Barrie Clark, BIOS Heritage Adviser, at 12 Summerly Ave, Reigate, RH2 9HE, 

or by e-mail to Melvin Hughes

For clarification a brief summary of the case BIOS is making is set out below.

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Situations in which organs may be vulnerable or their status uncertain

• Situated in an unlisted building and therefore without any protection.

• Uncertainty as to whether or not an organ is a fixture or fitting.  Organs are, at present, only able to be protected if they are deemed to be fixtures, each case being determined on its merits.  If an organ is agreed to be a fixture “whether or not its alteration or removal will need listed building consent depends on whether the works will affect the character of the building as a building of special interest or historic interest”.

• Whether an organ mechanism is in law plant or machinery is not clear, and this is open to dispute in law. 

• Organs which are outstanding musically, but not yet historic and those classed as fittings.

POSITION PAPER on
HISTORIC PIPE ORGAN PROTECTION - SUMMARY

• BIOS considers it essential that historic pipe organs be given a clear legal status, and protection provided under any new legislation.  Even more satisfactory would be the classifying of organs in their own right, which would then bring England into line with the great majority of European countries.

• The Consultation Paper, 'Protecting our Historic Environment: Making the System Work Better’, (DCMS, July 2003) recognises the need for reform in order to improve listed building legislation.  Discussions with DCMS have made clear that the Government is reluctant to take steps to protect pipe organs specifically in new legislation.

• The current legal position means that there is a lack of protection for our historic organ heritage.  Organs can be destroyed, damaged or altered without regard to their historic importance.

• Ecclesiastical Exemption, for organs owned by the Church of England, at present provides the best protection for church organs, but even with this system advice given is not always consistent, and civil law is often looked to for general guidance. 

• Secular organs eg in civic Town Halls, cinemas and private homes do not have the benefit even of this protection.

• For listed buildings the case law debate continues as to whether organs are fixtures or fittings and protected when situated in a listed building. Even if the external appearance might be protected the internal workings of the organ and the sound it makes probably are not. Organs in non-listed buildings are not protected at all.

• Historic pipe organs need to be given a clear legal status and protection under the law. There is legislation to protect historic organs in nearly all European countries and elsewhere too. Here the Government has shown a reluctance to address this in the protection of appearance, mechanisms and sound of historic organs in the consultation process leading to primary legislation.

• If the current legislation is largely left in place, then at least minor amendments to existing legislation should be considered to make it clear that the terms plant and machinery do not, if appropriate, exclude an object forming part of a listed building. This could also benefit bells and turret clocks. 

• The Newman Report on Ecclesiastical Exemption, 1997, and DCMS has encouraged BIOS to develop and complete its National Pipe Organ Register.  BIOS seeks to be included in any new legislation as a recognised body to be consulted on secular organ matters, with a small fund to administer this, and to complete the NPOR, similar to the support given to the National Ships Unit and the Historic Chapels Trust.