A New Definition of 'Treasure' under the Treasure Act 1996: Watershed Reform or Missed Opportunity?

A new definition of 'treasure' under the Treasure Act 1996 has been introduced by the UK Government providing for a significant change to our understanding of what legally constitutes 'treasure' in England, Wales and Northern Ireland. The Treasure Act 1996, which the new law amends, supports the preservation and protection of important archaeological finds for the benefit of the public, and this new reform represents the most substantial change to the legal framework governing 'treasure' in over a quarter of a century. This article explores this important and long-awaited reform. It examines the new definition by examining its substance and scope and by reflecting on whether this long-overdue change should be regarded as a watershed reform or a missed opportunity. In so doing, it is argued that, while the new law is welcome, it does not go far enough in meeting the criticisms and deficiencies of the old law under the Treasure Act 1996, which continue to echo today, nor does it satisfy the needs of the law of treasure for the 21(st) century.

Automated summary

The UK Government has introduced a new definition of 'treasure' under the Treasure Act 1996, which significantly changes the legal understanding of 'treasure' in England, Wales, and Northern Ireland. While this reform represents a substantial change to the existing legal framework, it does not fully address the criticisms and deficiencies of the old law, and fails to meet the needs of 21st-century treasure law.