The Treasure Act
The Treasure Act, 1996 is a piece of legislation
designed to deal with finds of treasure primarily those made
by metal detectorists in England and Wales. The act does not apply in Scotland, where treasure finds are a matter of Scots Common Law. It legally
obliges finders of objects which constitute a legally
defined term of treasure to report their find to their local
coroner within fourteen days. An inquiry led by the coroner
then determines whether the find constitutes treasure or
not. If is declared to be treasure then the owner must offer
the item for sale to a museum at a price set by an
independent board of antiquities experts. Only if no museum
expresses an interest in the item or is unable to purchase
it can the owner retain it.
"Treasure" definition
For the purposes of the Act, "treasure" is defined as
being:
- All coins from the same find, if it consists of two or
more coins, and as long as they are at least 300 years old
when found. If they contain less than 10% gold or silver
there must be at least 10 in the find for it to qualify.
- Two or more prehistoric base metal objects in
association with one another.
- Any individual (non-coin) find that is at least 300
years old and contains at least 10% gold or silver.
- Associated finds: any object of
any material found in the same place as (or which had
previously been together with) another object which is
deemed treasure.
- An object that would have been
classed as treasure trove if found before section 4 came
into force, that is: one substantially made from gold or
silver but less than 300 years old, that has been
deliberately hidden with the intention of recovery and
whose owners or heirs are unknown.
Additionally, the Act empowers the Secretary of State, by statutory instrument, to designate certain descriptions
of items as treasure provided they are at least 200 years old, and also to designate certain descriptions of items to
be excluded from the definition of treasure. As of 2023, as a result of such designations, ' "treasure" includes
- Any prehistoric
object containing metal, other than a coin, any part of
which is precious metal or which is part of a collection
of at least two such objects.
- Any object that "provides
an exceptional insight into an aspect of national or
regional history, archaeology or culture" due to its
rarity in the UK, the part of the UK where it was found,
or its connection with a person or event.
It excludes, unless they are treasure by virtue of the other designations by order:
- broadly, any object that can
be assumed to be under the faculty jurisdiction of the
Church of England due to being found on land it owns and
controls;
- any object found within the precinct of a
cathedral.
The Act allows for a reward up to the market
value of the treasure to be shared among the finder and
the tenants and/or owner of the land on which the treasure
was found. The amount of the reward and how it is divided
among the claimants is determined by the Treasure
Valuation Committee.
Under English law a landowner has sole title to any
archaeological artefacts found on his or her property.
Legitimate metal detectorists come to an agreement the
owners of the land they detect on to share any proceeds from
treasure sales. Those who detect illegally, either on
Scheduled sites or without the landowners' permission cannot
benefit from the Treasure Act. Illegal detectorists have had
their loot confiscated and can face fines and prison.
Successful cases involving the Treasure Act include that
of the Ringlemere gold cup. Non treasure finds are the remit
of the Portable Antiquities Scheme.
See also
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