Compared to many other European countries, the rules that govern the ownership of ancient artefacts found in England, Ireland, Scotland and Wales are comparatively relaxed. There are concerns that the payment of rewards for ‘Treasure’ finds sends out a questionable message as well as the issue that there is also no legal requirement to report other important categories of find.
All finders of gold and silver objects, and groups of coins from the same finds, over 300 years old, have a legal obligation to report such items under the Treasure Act 1996.
The following finds are Treasure under the Act, if found after 24 September 1997 (or, in the case of category 2, if found after 1 January 2003):
1. Any metallic object, other than a coin, provided that at least 10 per cent by weight of metal is precious metal (that is, gold or silver) and that it is at least 300 years old when found. If the object is of prehistoric date it will be Treasure provided any part of it is precious metal.
2. Any group of two or more metallic objects of any composition of prehistoric date that come from the same find (see below)
3. All coins from the same find provided they are at least 300 years old when found (but if the coins contain less than 10 per cent of gold or silver there must be at least ten of them). Only the following groups of coins will normally be regarded as coming from the same find: (a) hoards that have been deliberately hidden, (b) smaller groups of coins, such as the contents of purses, that may been dropped or lost, and (c) votive or ritual deposits.
4. Any object, whatever it is made of, that is found in the same place as, or had previously been together with, another object that is Treasure.
5. Any object that would previously have been treasure trove, but does not fall within the specific categories given above. Only objects that are less than 300 years old, that are made substantially of gold or silver, that have been deliberately hidden with the intention of recovery and whose owners or heirs are unknown will come into this category. Note: An object or coin is part of the ‘same find’ as another object or coin if it is found in the same place as, or had previously been together with, the other object. Finds may have become scattered since they were originally deposited in the ground.
If you need advice on the Treasure Act, or reporting items of potential treasure, the regional Finds Liaison Officers will be happy to help.
| What should I do if I find something that may be Treasure? |
You must report all finds of Treasure to a coroner for the district in which they are found either within 14 days after the day on which you made the discovery or within 14 days after the day on which you realised the find might be treasure. You can do this by letter, phone or fax.
You musn’t clean the find – this may reduce any award you may be entitled to. If you find a hoard do not dig it out yourslef – call the museum or your FLO to get it excavated by the experts – this won’t affect your title to the find but will make sure that it is excavated and recorded properly.
| Where will I have to take my find? |
You will normally be asked to take your find to a local museum or archaeological body. Local agreements have been drawn up for each coroner’s district in England and Wales to provide the coroner with a list of such museums and archaeological organisations.
| What happens if the find is treasure? |
If the museum curator or archaeologist believes that the find may be treasure, they will inform the British Museum or the National Museums and Galleries of Wales. The museums will then decide whether they or any other museum may wish to acquire it.
If no museum wishes to acquire the find, the Secretary of State will be able to disclaim it. When this happens, the coroner will notify the landowner that he intends to return the object to the finder after 28 days unless he receives an objection. If the coroner receives an objection, the find will be retained until the dispute has been settled.
| What if I do not report a find of treasure? |
If you don’t report a find that you believe to be treasure without a reasonable excuse you could be imprisoned for up to three months or receive a fine of up to £5,000 – or both.
You won’t be breaking the law if you do not report a find because you do not initially recognise that it may be treasure, but you should report it once you do realise this.
Includes names, addresses, phone numbers etc (pdf format) – click here
To encourage responsible behaviour by finders, the likely market value of each Treasure find is established by the independent Treasure Valuation Committee.
The Committee commissions independent members of the art trade to provide a provisional valuation to act as a guide. The finder, find site owner and the acquiring museum are free to commission their own valuation. Their valuation should be submitted on the Valuation Form and the valuer should take account of the key criteria . Further information is available on the Treasure valuation process . ( see here for further details of these forms)
The Committee is made up of experts in the various types of antiquity likely to be inspected, an official from the leading metal detectorist body, and an expert on museums and their collections. It values each Treasure find on the basis of willing buyer/willing seller, and expects Treasure finds to have only had a light cleaning to help its identification. The finder, the find site owner, and the acquiring museum are informed of the valuation. Once all parties have accepted the valuation, the museum is invoiced for the agreed amount.
As soon as the Crown receives the agreed valuation, ownership of the Treasure item passes to the museum, and it is this sum which is then made as ex gratia payment for the finder and the find site owner.