Museums Association MUSEUMS BRIEFING ESSENTIAL INFORMATION FOR MEMBERS UPDATED 2003 ACT he new Treasure Act 1996 (, and ) came into force on 24 September 1997. The Act was revised in October 2002 in order to extend he Tdefinition of Treasure. It has been drafted to ensure the reporting, recording and preservation of archaeological objects of gold and silver, and of coins and some other prehistoric material. This briefing outlines how the Treasure Act works and the role of museums in encouraging compliance with it and in acquiring finds. It does not cover the voluntary recording scheme for portable antiquities.

The Code of Practice on the Treasure Act, available separately for England and Wales and for Northern Ireland, gives essential guidance for those involved in the implementation of the act. Museums should also be aware of the local agreements for treasure reporting for their area. Published by the Museums Association The definition of ■ the following groups of coins will or more were found together treasure normally be regarded as coming (from 1 January 2003) © Museums Association 1998 from the same find: Museums Briefings are A greater range of material is ● hoards that have been The following are not treasure: supplied for the use of ■ Museums Association covered under the Treasure Act deliberately hidden objects the owners of which members and may not be than under the former common ● smaller groups of coins, such as can be traced copied in any format law of . It includes the contents of purses, that may ■ unworked natural objects without permission objects not of precious metal, but have been accidentally lost including human and animal Enquiries to: found in association with it, gold ● votive or ritual deposits remains, even if found in Director’s Office and silver objects that were association with treasure Museums Association Single coins are not treasure unless ■ objects from consecrated 42 Clerkenwell Close accidentally lost or buried in a London grave, all coin hoards and found with other objects of treasure, ground of the Church of England EC1R 0PA prehistoric base metal objects or unless there is evidence that they (this may be subject to revision), were buried with intention of recovery apart from those that would have Tel: 0171 250 1789 where tow or more of these Fax: 0171 250 1929 were found together. The act been treasure trove defines treasure as: ■ associated objects: any object, of ■ foreshore finds from a wreck, Registered in England with limited liability by guarantee whatever composition, that is where the Merchant Shipping Act under no 252131 ■ objects other than coins: any found in the same place as, or that 1995 would apply Registered charity no 313024 object other than a coin provided had previously been together with, that it contains at least 10 per cent another object that is treasure The scope of the act of gold or silver and is at least 300 ■ objects that would have been years old when found treasure trove: any object that would ■ the act applies to all ownerless ■ coins: all coins that contain at previously have been treasure trove, objects found in England, Wales least 10 per cent gold or silver by but does not fall within the and Northern Ireland that fulfil the weight of metal and that come categories above. These objects definition as treasure from the same find provided they must be substantially of gold or silver; ■ the act applies to objects found are at least 300 years old when have been buried with the intention after 24 September 1997 and is found of recovery; and their owner or their not retrospective ■ all coins with less than 10 per heirs be unknown (ownerless coin ■ the act confirms that treasure cent of gold or silver when they hoards less than 300 years old vests in the Crown or in the Museums Association are at least ten such coins from would fall into this category) treasure franchise holder, subject 42 Clerkenwell Close the same find and they are at least ■ all prehistoric base metal objects to prior interests and rights. London EC1R 0PA 300 years old when found from the same find, provided two Treasure franchises are held by the Tel: 0171 250 1789 available from the Department will give permission interest cannot be acquired the rest of the archaeological dispute as to the division of The Treasure Act and the voluntary of Culture, Media and Sport for the return of the object to by a registered museum, archive the reward. Northern Ireland recording scheme for archaeological finds (DCMS), should be used when the finder. Such objects the national museum may ■ a find from consecrated (the Portable Antiquities Scheme) finds are delivered, on the should be recorded by the acquire it ground that would have qualified Interested parties, including In Northern Ireland coroner's instruction, to a local museum under the usual ■ local registered museums as treasure trove will be offered acquiring museums, may there is a statutory duty These are two separate initiatives, although they museum or archaeological procedure for recording new may acquire finds not of to a local church museum, if the comment on the valuations to report all represent a dual attempt to record new archaeological officer. The form should be finds. national importance. If the local national museum does not wish commissioned by the archaeological objects evidence. The Treasure Act provides a mechanism for completed as fully as possible museum does not wish to to acquire it committee, and submit their and a licence is needed the public acquisition of treasure. The voluntary recording and the opportunity taken to Disclaiming finds acquire a find, it is offered to ■ if finders, or anyone else own evidence before the to search for scheme aims to encourage the recording of all new acquire as much information other registered museums with an interest in the find, treasure valuation is archaeological objects archaeological objects. Staff in each area have the task of on the find, circumstances of Treasure objects reported but ■ if no museum wishes to wish to waive their right to a recommended. (Historic Monuments co-ordinating the reporting of all finds on a central discovery and provenance as not required by any registered acquire the find intact, reward on condition that the and Archaeological database. By December 2003 the Portable Antiquities possible. museum will normally be museums may select objects find is deposited in a particular Rewards Objects (Northern Scheme will cover the whole of England and Wales with disclaimed by the secretary of from the find. The remainder is registered museum, their Ireland) Order 1995). The Northern Ireland a network of Finds Liaison Officers A copy of the receipt should be state on the advice of the returned by the coroner wishes are taken into account Rewards are paid for treasure Code of Practice on sent to the coroner as national museum. The ■ treasure found during ■ disposal of treasure objects to encourage the reporting of the Treasure Act has confirmation that the find has coroner will be informed, but excavation should remain with may only be undertaken in finds. They are paid when the Corporation of London and Local agreements been adapted to take been delivered. The coroner no inquest need take place. accordance with Resource Department of Culture, City of Bristol, and by the Local agreements exist between account of this Media and Sport has received Duchies of Lancaster and , museums and should be informed if a finder is Information about the find registration guidelines legislation. Cornwall, and entitle the archaeological officers in each unwilling to disclose any details. must be passed to the SMR. an equivalent sum of money holders to prior claim to coroner's district defining the Only a complete find may be Treasure Valuation from the museum(s) acquiring ownerless treasure. These arrangements for handling Liability for loss or damage is disclaimed. All ownerless objects in Committee the treasure. ■ Rewards will not normally franchise holders confirm that treasure finds. In some areas, accepted under the Treasure Scotland belong to the be payable when the find is Crown, under a ■ they expect to follow the local arrangements have made Act except where this has Inquests When an object has been Rewards will be paid to the made by an archaeologist. The system known as bona normal system of paying provision for the delivery of occurred through negligence. declared treasure, the Treasure finder and, in certain Museums Association Ethics vacantia, which rewards. treasure directly to a museum Receiving museums must Inquests will usually only be Valuation Committee will: instances, the landowner or Committee advises that to encompasses treasure when the coroner has been therefore ensure that a full held on objects that a occupier, following defined avoid conflicts of interest, the description of the condition of registered museum wishes to trove, and includes ■ recommend a market guidelines same condition should apply to Museums and the informed. man-made objects of the object is agreed with the acquire. The Crown, national valuation of it to the secretary ■ Reduced rewards, or no people working in or for reporting of treasure any material. Under finder. museum, local museum, or of state reward, will usually be made museums Museums operating local bona vacantia not all ■ If a museum receipt form is local archaeological officer ■ give advice when there are where the procedure for ■ A museum acquiring when an object that may be agreements are recommended objects are claimed by grounds for either no reward, reporting treasure was not treasure will only pay for any treasure is brought to a to be bound by the advice of also completed, any denial of may attend. The finder, the Crown. museum, the finder must be the Museums Association Ethics liability for loss or damage landowner and occupier may or a reduced reward, being followed, in particular where reward that is made. advised of their legal duty to Committee that people working clause should be deleted. also be represented. If the paid or where there is a the finder was trespassing report the find to the coroner in museums should not normally Receipt forms provided by facts are straightforward, none of the district in which the find claim any reward to which they finders should not be signed as of these need be summoned; was made within 14 days of may be entitled under the they may contain unacceptable nor are the objects necessarily Further reading and information the date of discovery, or within Treasure Act. Governing bodies conditions. required. 14 days of realising that the could include this requirement ■ The Treasure Act 1996: Code of Practice (Revised) England and Wales, object may be treasure (for in contracts of employment. Examination and If the inquest finds an object is Department of Culture, Media and Sport, 2002 example, as a result of having it provenance not treasure, it is returned to ■ The Treasure Act 1996: Northern Ireland Code of Practice, Department identified). The report may be the finder. If it is declared of the Environment for Northern Ireland, 1997 Delivery of finds www.ehsni.gov.uk/built/monuments/treasure made in person, by letter, The location and context of treasure, a valuation will be each new find should be prepared by the Treasure ■ The Treasure Act: information for finders of treasure (England and telephone or fax The coroner will advise the Wales), leaflet published by the Department of Culture, Media and Sport, ■ museum staff should take finder to which museum or immediately reported to the Valuation Committee. 2003. Also available in Welsh www.culture.gov.uk appropriate SMR and the need reasonable steps to assist the archaeological organisation they ■ Treasure Act 1996: a guide for museum curators and local government finder in contacting the should deliver the finds for for a rapid archaeological archaeologists, Department of Culture, Media and Sport, 1997 coroner, by offering the use of examination according to the response assessed. The precise Acquisition ■ Treasure Act 1996: Home Office circular for coroners No 44/1997 location of the find spot must a telephone for example local agreement. Relevant ■ Treasure Act 1996: list of local arrangements for the reporting and ■ reporting is required by all documentation will be copied to remain confidential. Treasure will be available to delivery of treasure in England and Wales, Department of Culture, Media finders, including archaeologists that body, which should in turn museums within the following and Sport, 1997 and museum staff. A list of copy it to the national museum When examining finds, more guidelines: ■ Treasure Act 1996: receipt for object(s) of potential treasure, coroners is given as appendix (British Museum in the case of than minimal cleaning should Department of Culture, Media and Sport, 1997 only be undertaken by, or with ■ the Museum of London 3A in the Code of Practice. finds from England, the Ulster ■ British Museum Treasure Registrar. Tel: 020 7323 8611 Where there is any possibility Museum for finds from the advice of, a professional and Bristol Museums and Art that an object may be treasure, Northern Ireland and the archaeological conservator. Gallery have first right to ■ Department for Culture Media and Sport, Cultural Property Unit. it must be reported. There is a National Museums and Galleries acquire treasure under their Tel: 020 7211 6181 maximum penalty of three of Wales for finds from Wales) Non treasure historic franchises ■ For Treasure publication call: DCMS Information Centre. Tel: 020 months' imprisonment or a and the Sites and Monuments ■ finds of national importance 7211 6200. Email: [email protected] fine, or both, for failure to Record (SMR). Where a reported find is are normally acquired by the report treasure without clearly not treasure, an inquest national museum. When a reasonable excuse The standard receipt form, will not take place and the find of local or regional