SCOTLAND’S existing law on treasure finds should be "overhauled” to keep up with the higher number of discoveries in recent years, according to a new report.
Last year a review into Scotland’s treasure trove law was launched which engaged with organisations and individuals involved in the system.
The review endorsed “the core principles and characteristics” of the treasure hunting system in Scotland but did recommend an overhaul of how it is led and funded.
Recommendations for future investment in people and technology were made by the review which said that doing so allows the system to keep up with the pace of the number of findings being made.
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More discoveries are being made across Scotland than when current treasure trove processes were designed.
What is the treasure finds law in Scotland?
In Scotland, findings including things like buried riches, have different rules than those in the rest of the UK.
The Treasure Act 1996 does not apply in Scotland, as it does in the rest of the UK, with findings being dealt with under common law.
For a finding to qualify as "treasure trove" it must satisfy the following criteria, the object must be precious, it must be hidden, and there must be no proof of its property or reasonable presumption of its former ownership.
Scottish laws around findings are often confused with their English counterpart where the Crown has rights over discoveries and 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 a discovered object should be claimed by the Crown and then will recommend a reward for the finder based on the current market value of the object which is based on the treasure trove system.
What are the proposed changes to the treasure finds law in Scotland?
The review of Scotland’s existing law on treasure finds made detailed recommendations intended to help the processes of reporting, claiming, and allocating discoveries.
It also made recommendations to extend the reach of the treasure trove staff, who are based in Edinburgh, across Scotland, to help clarify areas of policy and to bolster collaboration between the multiple organisations that contribute to the system.
The review also said a change in culture is needed, where treasure trove is recognised as a key partner in the Scottish heritage sector, and where all those involved are acknowledged for their participation and contribution to Scotland’s heritage.
Stuart Allan, chair of the Treasure Trove review, said that although there is no shortage of goodwill with the objectives of the current system in place in Scotland, changes are needed.
He said: “The overarching picture to emerge from the review was that, broadly speaking, respondents want the existing system to work better.
“While changes are needed, there is no shortage of goodwill for the objectives of treasure trove. The review team has been impressed by the positive engagement we have received from all parties, and that spirit of collaboration will be key to helping the system move forward.”
John Logue, the King’s and Lord Treasurer’s Remembrancer, thanked heritage professionals, metal detectorists and the wider public who engaged in a 12-week consultation with the review for their engagement.
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He said: “The review offers us a detailed manifesto for the future of treasure trove in Scotland which could not have been drawn up without hearing the views of so many participants.
“I greatly appreciate everyone’s willingness to put forward their views and ideas, all of which have been taken into account.
“We look forward to considering the recommendations of the Review in detail and drawing up a plan for treasure trove in the years ahead.”
Jane Ryder, chair of the Scottish Archaeological Finds Allocation Panel, also welcomed the review and the improvements recommended.
She said: “The comprehensive report is founded on engagement with the Review from museums, heritage organisations, the wider archaeological sector and metal detectorists, and demonstrates how important treasure trove is to heritage and culture in Scotland.
“On behalf of the panel, I warmly welcome the review, with the focus on the benefits of the system, and the forward-looking approach, together with the real improvements that can be made.
“We look forward to using the work of the review, which will safeguard and strengthen the system for the future.”
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