What is the Treasure Act (1996)?

The Treasure Act (1996) is a law that came into force on 24th September, 1997. The law covers archaeological finds which are either made of gold or silver and more than three hundred years old, coin and prehistoric hoards. For a more detailed definition see below. These finds can be discovered by the public, in their back gardens for example, and by archaeologists on excavations.

What was the Treasure Trove law that the Treasure Act replaced?

The Treasure Act (1996) replaced the medieval law of Treasure Trove. This law was a method of raising revenue and archaeology perhaps was not the priority at the time. The law of Treasure Trove required potential items of Treasure to be reported to a coroner. The definition of these items of Treasure were archaeological objects substantially made of precious metal and had been deliberately buried, not accidentally lost. Additionally the owner or heirs had to be unknown.

The coroner would convene a jury to decide whether the items of potential Treasure had been originally lost. If the jury decided the item of potential Treasure had been purposely buried, this would determine the items to be Treasure Trove and thereby the property of the crown.

Why did the Treasure Act (1996) replace the Treasure Trove law?

In reality the Treasure Trove law asked the jury, with specialists help to 'read dead minds' (Morris; 1996), to decide whether objects of precious metal had been deliberately buried or accidentally lost. This really was an unsatisfactory process.

There were a variety of options to replace the law, which included;

i) Leaving the Treasure Trove law as it was

ii) To prioritise the need of the finder and landowner above that of the publics' access to the heritage. Thereby the finder and landowner could keep or dispose of the objects without considering the publics' right to them.

iii) To sweep away the Treasure Trove law and replace it with something that encompassed the need to report all objects of antiquity.

The reform of the Treasure Trove law only considered a small portion of the problem of loss of information to the archaeological record. In 1996, the Department of National Heritage published 'Portable Antiquities: a Discussion Document'. This document considered the need to 'improve the recording of all archaeological objects, not just those covered by the law of Treasure Trove' (DNH; 1996).

A compromise was reached in the reform of the Treasure Trove law that gave way to the Treasure Act (1996) and the Portable Antiquities Scheme.

see Morris, R. 1996 'Time Now for Reform of Treasure Trove' British Archaeology No. 11

Definition of items covered by the Treasure Act (1996)

After consultation the Treasure Act (1996) and its' Code of Practice came into force on 24th September 1997. Items of Treasure still need to be reported to the coroner, but the definition of treasure has changed.

A summary of the definition of Treasure;

i) Any object other than coins which was made of at least 10 percent of gold or silver and at least 300 years old when found.

ii) For coins, two or more, from the same find, made of at least 10 percent of gold or silver and at least 300 years old when found.

iii) Ten or more bronze coins from the same find at least 300 years old when found.

iv) Associated objects; any object, made of any material that is found in the same place or considered to be with another object that is treasure.

v) Prehistoric metalwork, where there are two objects from the same find

vi) Objects that would have been Treasure Trove - these objects have to be composed of a substantial amount of gold or silver and have been buried with the intention of recovery.

The Treasure Act (1996) and its Code of Practice was considered successful, with a tenfold increase in the number of treasure items being declared.


Why is the Treasure Act (1996) and the Portable Antiquities Scheme linked?

Alongside the development of the Treasure Act (1996) the government decided to fund five pilot schemes to assess the potential contribution to the archaeological record, by recording archaeological objects not covered by the new law. These objects, for example include sherds of pottery, worked flint and stone and bronze objects. At this time the British Museum also provided funding for a sixth scheme, which was based in the West Midlands. Hence the birth of the Portable Antiquities Scheme.

The Treasure Act (1996) and the Portable Antiquities Scheme compliment each other and both contribute to the archaeological record and development of our knowledge.


Who should you contact if you think you have found Treasure?

The Finds Liaison Officer, Angie Bolton, is the best person to contact initially.
Angie will be able to confirm whether the objects should be reported to the coroner. She will then be able to guide you through the complexities of the Act and will work on your behalf to ensure it is a smooth, efficient and painless process for you.

Contacting the Finds Liaison Officer

Please make an appointment to see Angie, she is not always at the Commandery. If the Commandery is difficult for you to get to, you can meet her at your local museum or library.

Angie Bolton
The Commandery, Sidbury, Worcester WR1 2HU
Telephone 01905 361827
E-mail abolton@cityofworcester.gov.uk