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Detectorists consulted on buried treasure law change


A public consultation has been launched as part of a review into how buried treasure is assessed and preserved in Scotland.

Unlike in the rest of the UK, the Treasure Act 1996 does not apply with finds instead dealt with under common law.

To qualify as treasure trove, an object must be precious, it must be hidden, and there must be no proof of its property or reasonable presumption of its former ownership.

As in England, the Crown has prerogative right to such discoveries, meaning it can transfer ownership to other bodies as it sees fit.

The Crown agent responsible is the King’s and Lord Treasurer’s Remembrancer, which decides whether an object should be claimed by the Crown and recommends a reward for the find based on its current market value based on the Treasure Trove system.

Examples of discoveries which have been through the system over the past two decades include a mesolithic harpoon discovered by a child dating to the Mesolithic Period, which was allocated to the West Highland Museum in Fort William last year; a memento mori finger ring discovered in 2013 and given to Fife Cultural Trust; and a Bronze Age logboat discovered in the River Tay in 2001.

The Herald: A memento mori finger ring: Contains a bezel in the shape of a human skeleton stretched out with the arms over the head. The interior of the hoop is engraved with the legend ‘Cogita Mori’ - ‘remember death’- picked out in black enamelA memento mori finger ring: Contains a bezel in the shape of a human skeleton stretched out with the arms over the head. The interior of the hoop is engraved with the legend ‘Cogita Mori’ – ‘remember death’- picked out in black enamel (Image: Crown Office)

The system is to be reviewed in a 12 week consultation, which will inform a report and recommendations on its future.

The Treasure Trove system has been a mainstay in preserving Scotland’s archaeological record and ensures that objects of archaeological, historical or cultural significance are recorded, preserved and allocated to Scottish museums for public benefit. 

It aims to gather views from all of those who use and benefit from the system, from museums and public heritage organisations to metal detecting clubs and individuals with a passionate interest in archaeology and Scotland’s cultural heritage. 

Dr Stuart Allan, Chair of the Treasure Trove Review and formerly Keeper of Scottish History & Archaeology at National Museums Scotland, and past member of the Scottish Archaeological Finds Allocation Panel and Council of the Society of Antiquaries of Scotland, said: “We want to hear from the public and interested parties on a range of topics about the operation and potential of the Treasure Trove system. 

“This review is tasked with improving and strengthening the Treasure Trove system for the immediate future and beyond.”  

Welcoming the public consultation, John Logue, the KLTR, said: “The role of treasure trove is to ensure that objects of cultural significance from Scotland’s past are protected for public benefit and preserved in museums across the country. 

“We want to ensure that artefacts found in Scotland continue to provide maximum benefit to the public in understanding the significance of Scotland’s archaeological heritage. 

“I would urge all those who have an interest in the future of the Treasure Trove system to fully engage with the public consultation.” 

Source: The Herald

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