Treasure Act 1996
| Year | 1996 |
Treasure Act 1996
1996 Chapter 24
An Act to abolish treasure trove and to make fresh provision in relation to treasure.
[4th July 1996]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Meaning of ‘treasure’.
1 Meaning of ‘treasure’
(1) Treasure is—
(a) any object at least 300 years old when found which—
(i) is not a coin but has metallic content of which at least 10 per cent by weight is precious metal
(ii) when found, is one of at least two coins in the same find which are at least 300 years old at that time and have that percentage of precious metal or
(iii) when found, is one of at least ten coins in the same find which are at least 300 years old at that time
(b) any object at least 200 years old when found which belongs to a class designated under section 2(1)
(c) any object which would have been treasure trove if found before the commencement of section 4
(d) any object which, when found, is part of the same find as-
(i) an object within paragraph (a), (b) or (c) found at the same time or earlier or
(ii) an object found earlier which would be within paragraph (a) or (b) if it had been found at the same time.
(2) Treasure does not include objects which are—
(a) unworked natural objects, or
(b) minerals as extracted from a natural deposit,
or which belong to a class designated under section 2(2).
2 Power to alter meaning.
(1) The Secretary of State may by order, for the purposes of section 1(1)(b), designate any class of object which he considers to be of outstanding historical, archaeological or cultural importance.
(2) The Secretary of State may by order, for the purposes of section 1(2), designate any class of object which (apart from the order) would be treasure.
(3) An order under this section shall be made by statutory instrument.
(4) No order is to be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
3 Supplementary.
(1) This section supplements section 1.
(2) ‘Coin’ includes any metal token which was, or can reasonably be assumed to have been, used or intended for use as or instead of money.
(3) ‘Precious metal’ means gold or silver.
(4) When an object is found, it is part of the same find as another object if—
(a) they are found together,
(b) the other object was found earlier in the same place where they had been left together,
(c) the other object was found earlier in a different place, but they had been left together and had become separated before being found.
(5) If the circumstances in which objects are found can reasonably be taken to indicate that they were together at some time before being found, the objects are to be presumed to have been left together, unless shown not to have been.
(6) An object which can reasonably be taken to be at least a particular age is to be presumed to be at least that age, unless shown not to be.
(7) An object is not treasure if it is wreck within the meaning of Part IX of the Merchant Shipping Act 1995 .
Ownership of treasure
4 Ownership of treasure which is found.
(1) When treasure is found, it vests, subject to prior interests and rights—
(a) in the franchisee, if there is one
(b) otherwise, in the Crown.
(2) Prior interests and rights are any which, or which derive from any which—
(a) were held when the treasure was left where it was found, or
(b) if the treasure had been moved before being found, were held when it was left where it was before being moved.
(3) If the treasure would have been treasure trove if found before the commencement of this section, neither the Crown nor any franchisee has any interest in it or right over it except in accordance with this Act.
(4) This section applies—
(a) whatever the nature of the place where the treasure was found, and
(b) whatever the circumstances in which it was left (including being lost or being left with no intention of recovery).
5 Meaning of ‘franchisee’.
(1) The franchisee for any treasure is the person who—
(a) was, immediately before the commencement of section 4, or
(b) apart from this Act, as successor in title, would have been,
the franchisee of the Crown in right of treasure trove for the place where the treasure was found.
(2) It is as franchisees in right of treasure trove that Her Majesty and the Duke of Cornwall are to be treated as having enjoyed the rights to treasure trove which belonged respectively to the Duchy of Lancaster and the Duchy of Cornwall immediately before the commencement of section 4.
6 Treasure vesting in the Crown.
(1) Treasure vesting in the Crown under this Act is to be treated as part of the hereditary revenues of the Crown to which section 1 of the Civil List Act 1952 applies (surrender of hereditary revenues to the Exchequer).
(2) Any such treasure may be transferred, or otherwise disposed of, in accordance with directions given by the Secretary of State.
(3) The Crown's title to any such treasure may be disclaimed at any time by the Secretary of State.
(4) If the Crown's title is disclaimed, the treasure—
(a) is deemed not to have vested in the Crown under this Act, and
(b) without prejudice to the interests or rights of others, may be delivered to any person in accordance with the code published under section 11.
Coroners' jurisdiction
7 Jurisdiction of coroners.
(1) The jurisdiction of coroners which is referred to in section 30 of the Coroners Act 1988 (treasure) is exercisable in relation to anything which is treasure for the purposes of this Act.
(2) That jurisdiction is not exercisable for the purposes of the law relating to treasure trove in relation to anything found after the commencement of section 4.
(3) The Act of 1988 and anything saved by virtue of section 36(5) of that Act (saving for existing law and practice etc.) has effect subject to this section.
(4) An inquest held by virtue of this section is to be held without a jury, unless the coroner orders otherwise.
8 Duty of finder to notify coroner.
(1) A person who finds an object which he believes or has reasonable grounds for believing is treasure must notify the coroner for the district in which the object was found before the end of the notice period.
(2) The notice period is fourteen days beginning with—
(a) the day after the find or
(b) if later, the day on which the finder first believes or has reason to believe the object is treasure.
(3) Any person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to—
(a) imprisonment for a term not exceeding three months
(b) a fine of an amount not exceeding level 5 on the standard scale or
(c) both.
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