The Treasure Act

The Treasure Act 1996 replaced the common law of Treasure Trove when it came into effect in September 1997. Following a review of the Act the definition of Treasure was extended with effect from 1 January 2003. This leaflet summarises the main points of the Act and describes the local arrangements established to deal with finds of Treasure in Somerset. These arrangements should be read in conjunction with The Treasure Act 1996 Code of Practice (Revised) England and Wales.

The Co-ordinator for the Treasure Act in Somerset is the Keeper-Archaeology, Somerset County Museum who can provide further advice and information on the Act and local arrangements. The Co-ordinator can be Contacted @: Somerset County Museum, Castle Green Taunton TA1 4AA
Call: 01823 320200 Fax: 01823 320229
Click @: somerset.gov.uk/museums
Email: county-museums@somerset.gov.uk
Alternatively the Somerset and Dorset Finds Liaison Officer can be Contacted @: as above

What is Treasure?

The following finds are Treasure under the Act:

1. Any metal object, other than a coin, provided that at least 10 per cent by weight of that object is gold or silver and that it is at least 300 years old. 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 metal objects of any composition of prehistoric date that come from the same find.

3. All coins from the same find (e.g. a hoard, contents of a purse or votive deposit) provided there is a minimum of two coins, they are at least 300 years old and contain at least 10 per cent gold or silver.

4. Coins of less than 10 per cent gold or silver or of base metal provided they are a minimum of 300 years old and there are at least ten coins from the same find.

5. 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, e.g. the pot containing a hoard.

6. Any object that would previously have been Treasure Trove, but does not fall within the above categories. 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 are in any doubt, it is always safest to report your find.

What should I do if I find something that may be Treasure?

You must report all finds of Treasure to the Coroner for the district in which the finds were made either within 14 days after the day on which you made the find or within 14 days after the day on which you realised that the find might be Treasure (for example, as a result of having it identified). The obligation to report finds applies to everyone, including archaeologists.

How do I report a find of potential Treasure discovered in Somerset?

Very simply. You may report your find to the Coroner in person, by letter, telephone, fax, or email or through the Co-ordinator for the Treasure Act in Somerset.

The Western Coroner’s District comprises the districts of Taunton Deane, West Somerset and Sedgemoor
Contact @: HM Coroner, Police Station, Shuttern
Taunton TA1 3QA
Call: 01823 363271 Fax: 01823 363103

The Eastern Coroner’s District comprises the districts of Mendip and South Somerset
Contact @: HM Coroner, Avon and Somerset Constabulary Horsey Lane, Yeovil BA20 2AA
Call: 01935 402128 Fax: 01935 402184

Where will I have to take my find?

The Somerset County Museum, Taunton, is the receiver of items of potential Treasure on behalf of the coroners. Ideally finds will be delivered there direct (a phone call first might be advisable); alternatively they can be taken to one of a network of organisations across Somerset who will arrange transfer to the County Museum.
These organisations are:

Somerset Rural Life Museum, Chilkwell Street Glastonbury BA6 8BD Call: 01458 831197

Museum of South Somerset, Hendford
Yeovil BA20 1UN Call: 01935 462855

Admiral Blake Museum, Blake Street
Bridgwater TA6 3NB Call: 01278 456127

Wells Museum, 8 Cathedral Green
Wells BA5 2UE Call: 01749 673477

The Archaeologist, Exmoor National Park, Exmoor House Dulverton TA22 0HL Call: 01398 323665

You will be given a receipt upon handing your find over. Information on the circumstances of discovery, the find spot (wherever possible to the equivalent of a six-figure national grid reference) and the finder and landowner's details will be required. In official dealings, the parish name or else a four-figure national grid reference (one square kilometre) will be used, whilst a more general location description may be used for a particularly sensitive find.

The Somerset Sites and Monuments Record (Historic Environment Record) will be notified so that, if necessary, the site where the find was discovered can be investigated by archaeologists.

What if I do not report a find of Treasure?

The penalty for not reporting a find that you believe or there is good evidence for believing to be Treasure, without a reasonable excuse, is imprisonment for up to three months, a fine of up to £5,000, or both. You will not be breaking the law if you do not report a find because you did not at first recognise that it may be Treasure, but you should report it once you realise this.

What happens if the find is not Treasure?

If the find is not Treasure, the Museum will inform the Coroner who may then decide that the find should be returned to you without the holding of an inquest.

What happens if the find is Treasure?

If the Co-ordinator for the Treasure Act for Somerset or the Finds Liaison Officer believes that the find may be Treasure, they will inform the British Museum. They will then decide whether they or any other museum wishes to acquire it.

If no museum wishes to acquire the find, the Secretary of State will disclaim it. When this happens, the Coroner will notify the landowner that the object is to be returned to you, after 28 days, unless the landowner objects. If the landowner objects, the Coroner will retain the find until you and the landowner have resolved any dispute.

What if a museum wants to acquire my find?

The Coroner will hold an inquest to decide whether the find is Treasure. You, the site occupier, and the landowner will be invited to attend, and may be asked to give evidence.Treasure inquests are held without a jury. If the find is declared to be Treasure then it will be taken to the British Museum so that it can be valued by the Treasure Valuation Committee and the due reward, based upon the find's market value, determined.

How is a fair market value for a Treasure find arrived at?

The Treasure Valuation Committee, which consists of independent experts, values any Treasure find that a museum wishes to acquire. The Committee will commission a valuation from one or more experts drawn from the antiquities or coin trades. You, the landowner and the acquiring museum, will have the opportunity to comment on this valuation, and/or to send in a separate valuation for the Committee to consider. The Committee will inspect the find and arrive at a valuation. If you are dissatisfied with this valuation, you can ask for the Committee to review it, in the light of evidence that you provide. If you are still dissatisfied, you can then appeal to the Secretary of State.

What if my find is lost or damaged?

All reasonable steps will be taken to ensure that this does not happen but, if it does, you should be compensated.

Who is eligible to a share of the reward?

• the finder who has obtained permission to be on the land from its owner, and acted in good faith.
• the person or organisation that holds the freehold of the land.

Who is not eligible to a share of the reward?

• an archaeologist who makes a Treasure find.
• a finder or a landowner who has acted in bad faith and not in accordance with the Treasure Act 1996 Code of Practice may expect a reduced share of the valuation, or none at all.

How long will it take before I receive my reward?

The target is that the period between the find being received on behalf of the Coroner and the payment of a reward should be no longer than twelve months (provided no challenges are made to valuations), although it may be necessary to exceed this period in exceptional cases such as large hoards of coins, or finds that present particular difficulties.

The Somerset and Dorset Finds Liaison Officer would appreciate being notified and having the opportunity to record finds of non-Treasure. Further information is available in the companion leaflet

County Museums Officer
June 2003
Click @: somerset.gov.uk/museums

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