The
Law Under
the regalia minora common law rights of the Crown in Scotland , it is the prerogative of the Crown to receive all lost and
abandoned property which is not otherwise owned.
There is a narrow
definition of treasure trove per se, involving precious items which
have lain concealed, but in practice this is overridden by and subsumed
within the wider legal concept of bona vacantia (or ownerless
goods).
The
crucial maxim within Scots common law is quod nullius est fit domini
regis (that which belongs to nobody becomes our Lord the King’s [or
Queen’s]). Thus all objects whose original owner or rightful heir cannot
be identified or traced are the property of the Crown. It does not matter
whether objects were lost or intentionally hidden, or what material the
objects are made of.
The
Crown Office in Scotland has the duty, overseen
by the Scottish Executive, to claim bona vacantia on behalf of the
nation. Archaeological finds and historic objects are just one part of the
work which the Crown Office does under bona vacantia, which
includes such matters as intestate estates.
Operation
of the Treasure Trove system
The
system whereby archaeological objects are dealt with under bona
vacantia is known for convenience in Scotland as treasure trove, though it is
important to distinguish this from the Treasure Act 1996 in
England and
Wales (www.finds.org.uk), which does not
apply in Scotland .
In
order to exercise its rights over archaeological finds under bona
vacantia, the Crown Office relies on the recommendations of an expert
group known as the Treasure Trove Advisory Panel. Members of the Panel,
who serve voluntarily, are appointed by the Scottish Ministers. The Panel
has an independent chairperson and four members drawn from the museum and
wider heritage community. The members do not represent any sectional
interest, being appointed on the basis of the expertise and experience they can bring to bear.
What
Should I report
Should
I report everything I find?
Many
of the items found in Scotland , whether casually or
by using metal detectors, are not of particular archaeological or
historical significance. Fragments of farm machinery, 20th-century coins,
washers, nails and other recent everyday types of object will not be claimed and need not be reported.
However,
the Treasure Trove law applies to finds of both precious and non-precious
metals, all coins, and also any non-metal antiquities including pottery,
stone axeheads and objects of flint, wood, glass, leather and
bone.
What
types of finds will be returned to me?
Coins After
being identified and, in the case of pre 1707 coins, recorded for the
Scottish Coin Register, the majority of coins are returned to the finder
along with identification details.
Other
finds Often,
finders may be aware of the significance of their finds and will be able
to exercise their own judgement over which need to be reported. If in any
doubt, however, it is better to be safe than sorry and to report all
potentially significant finds, especially if you cannot identify them.
Normally, finds not being claimed will be sent back to the finder unless
these are heavy or fragile. In such cases the TTAPS will discuss return
arrangements with the finder.<>
What
kind of finds are claimed?
Usually,
only finds of archaeological and historical significance will be claimed.
These can include some relatively common types of object such as lead
seals, buckles, and brooches which are sometimes claimed if they contribute new information. Other objects may be claimed because they come
from locations which have previously yielded significant finds and they
help to build a picture of past activity in that area. ForFurther Information on
Treasure Trove in Scotland
Visit the Treasure
Trove Advisory Panel Secretariat, website. or
