Revising the definition of treasure in the Treasure Act 1996: and revising the related code of practice

The consultation deals with proposed changes to the Treasure Act 1996 (‘the Act’), its associated Code of Practice (‘the Code’) and the process for finds that may be treasure following a review of the treasure process. The aim of the Act is to ensure that important archaeological items are preserved in public collections.

The Department of Digital, Culture, Media & Sport (DCMS) propose to improve the treasure process so that it is more efficient, that it is focused on the aim of preserving significant finds for public collections, and that it is more rational and easier to understand. We are also keen to ensure that there is a sustainable future for the treasure process.

The aim of the consultation is to gather views on the proposed changes, and obtain information that will help us to assess the impact of these changes on groups and individuals. Opinions are sought which will support the development of future policies on the Act, the Code and the treasure process.

The Act gives the Secretary of State for Digital, Culture, Media and Sport (‘the Secretary of State’) the power to revise the definition of treasure, to disclaim treasure finds and to take decisions on rewards paid under the Act. The Secretary of State is also required by section 11 of the Act to publish and regularly review a Code of

Practice in connection with the Act.

The Portable Antiquities Scheme (‘PAS’) is active in England and Wales. Local Finds Liaison Officers (‘FLOs’) record finds on a database and advise finders if a find is treasure. Under local agreements the FLO reports treasure finds to the coroner.

The DCMS retains responsibility for treasure policy but administration of the treasure process was transferred to the Treasure Secretariat at the British Museum in 2007.

Under local agreements, finds are reported to FLOs in England and Wales, and National Museums Northern Ireland (Ulster Museum) in Northern Ireland who pass the report on to the local coroner. The FLO or curator prepares a report for the coroner on how the find meets the definition of treasure in the Act, and offers the local museum the find for acquisition. If no museum declares an interest in acquiring the find, the find is disclaimed and returned to the finder. Otherwise the coroner holds an inquest and if the find is declared treasure it becomes the property of the Crown. The finder and the landowner and/or occupier then become eligible for a reward.

The Secretary of State decides on the amount and share of the reward, acting on the advice of the Treasure Valuation Committee (‘the TVC’). This is a committee of experts who decide on the market value of the find, which is the basis of the amount of the reward. The TVC commissions a provisional valuation from an approved valuer. The acquiring museum, the finder and the landowner and/or occupier can submit evidence and private valuations.

The TVC will assess the evidence and make a recommendation on the value and how the reward is shared between the interested parties to the Secretary of State. The TVC will also recommend if there should be any abatement (reduction) in the reward for behaviour, such as only partial reporting of a hoard, which breaches the Code. The museum will pay the reward to the Treasure Secretariat (or on occasion to DCMS) who will release the find to the museum and pay the reward to the interested parties.

This consultation seeks opinions on our proposals for addressing the issues outlined above regarding the proposals to:

• Introduce changes in the administrative process to speed up and rationalise the treasure process

• Update the Code to reflect these and other changes in policy and practice

• Revise the definition of treasure in the Act to focus the process on significant archaeological, cultural and historical finds

• Exempt finds that fall under the Church of England’s systems of control

• Commence section 30 of the Coroners and Justice Act 2009, to avoid delay and prevent unnecessary work for the coroner and the Treasure Secretariat, and to extend to the acquirer of an object the duty of reporting a possible treasure object or coin to the coroner.

  Conclusion

  The aim of the Act is to preserve significant finds for public collections. The proposals are aimed at supporting and promoting that aim. In addition to consultation responses, the DCMS will be inviting individuals and groups to speak to DCMS officials, and we are hoping for responses which will give us an insight into the views of everyone interested in the Act.

  For further information please go to https://assets.publishing.service. gov.uk/government/uploads/ system/uploads/attachment_data/ file/775560/Revising_the_ definition_of_treasure_in_the_ Treasure_Act_1996_and_revising_ the_related_codes_of_practice.pdf