Treasure Act reform will allow museums to acquire thousands more finds

The definition of ‘treasure’ is to be expanded to include significance in the first major reform of the Treasure Act 1996.

The act gives finders a legal obligation to report finds that meet certain criteria, in order to ensure that these are offered to museums for public benefit rather than sold privately.

Under the current definition, newly discovered archaeological finds can only be legally classified as treasure if they are more than 300 years old and made partly or wholly of precious metal, or part of a trove of valuable objects or artefacts.

However, in reforms laid down in parliament this week, the UK Government is proposing to recognise archaeological finds that are relevant beyond their material composition. The changes will apply in England, Wales and Northern Ireland.

The expanded criteria will include exceptional finds over 200 years old – regardless of the type of metal of which they are made – as long as they provide an important insight into the country’s heritage.

This will include rare objects, those that provide a special insight into a particular person or event, or those that can shed new light on important regional histories.

Discoveries of treasure meeting the new criteria will be assessed by a coroner and will go through a formal process that will enable them to be acquired by a museum.

The changes are expected to enable thousands more finds to be secured for the benefit of the public.

The reforms were prompted by a number of recent discoveries that fell outside the scope of the act, including the Roman-era Ryedale Hoard, now at York Museum, and the Birrus Britannicus copper alloy figurine, now at Chelmsford City Museum.

Although these artefacts were successfully brought into public ownership through other mechanisms, the new definition will make it easier for museums to acquire similar objects in future.

An updated code of practice, which will acknowledge the fundamental role of the Portable Antiquities Scheme in the operation of the Treasure Act, is also due to be laid in parliament this week. If the reforms are passed by parliament, they will come into force four months after signing.

“There has been a huge surge in the number of detectorists – thanks in part to a range of TV programmes – and we want to ensure that new treasure discoveries are protected so everyone can enjoy them,” said Stephen Parkinson, arts and heritage minister at the Department for Culture, Media and Sport (DCMS).

“We are changing the law so that more artefacts uncovered by archaeologists and members of the public can go on display in museums rather than ending up in private hands. This will make sure they can be studied, admired and enjoyed by future generations.”

In the context of the reforms, DCMS is to make more funds available for the Portable Antiquities Scheme, which is run by the British Museum and Amgueddfa Cymru – Museum Wales. The funding will support staff, the processing of treasure and the redevelopment the scheme’s database.

The reforms have been welcomed by museum stakeholders.

Michael Lewis, head of portable antiquities and treasure at the British Museum, said: “The British Museum welcomes the extension of the Treasure Act to ensure museums across the country have the opportunity to acquire more finds of archaeological significance.”

Kath Davies, director of collections and research at Amgueddfa Cymru, said: “We are pleased that, through this proposed new treasure definition, a greater number of archaeological finds of the highest significance for Wales may be declared treasure each year. This means that more treasures may be acquired by local museums across Wales, for people to see and enjoy in their own communities.”

A further 45,581 archaeological finds made by the public were logged on to the Portable Antiquities Scheme database in 2021, according to the latest annual report for the scheme.

This included 1,085 treasure cases, among them a heart-shaped Tudor gold pendant on a chain with imagery connected to King Henry VIII and his first wife, Catherine of Aragon, which was found in Warwickshire.

Metal detecting played a significant role in the finds, with 96% of all discoveries made by detectorists.

In 2020, the most recent year covered by the Treasure annual report, 304 objects entered museum collections across England and Wales thanks to the legislation.

However the report said that the Covid pandemic had created a significant backlog of treasure finds to be processed, with many still in storage awaiting assessment.

In December 2022, a 31-year-old man was arrested on suspicion of theft after a Roman hoard reported under the Portable Antiquities Scheme and other valuable finds were found to be missing from a secure facility run by Lancashire County Museum Service. The man has been bailed pending further enquiries