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.