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The Treasure (Designation) Order 2002

S.I. 2002/2666 · Made 21 October 2002 · Extends to England, Wales and Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 30 July 2023.

TREASURE

Made 21st October 2002

Coming into force 1st January 2003

Whereas a draft of this Order has been laid before, and approved by resolution of each House of Parliament pursuant to section 2(4) of the Treasure Act 1996f1;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon her by section 2(1) and (3) of the Treasure Act 1996 and all other powers enabling her in that behalf, hereby makes the following order:

Annotations to the whole text

Footnotes

f1

1996 c. 24.

Contents

  1. Part 1: Introductory provisions
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part 2: Designation of classes of objects of outstanding historical, archaeological or cultural importance
  5. 3...
  6. Part 3: Designation of classes of objects which are excluded from the definition of treasure
  7. 4Article 4
  8. Signature
  9. Explanatory note

1Citation, commencement and applicationI1

(1)

This Order may be cited as the Treasure (Designation) Order 2002 and shall come into force on 1st January 2003.

(2)

This Order applies only in relation to objects found on or after the date when it comes into force.

2InterpretationI1

In this Order—

  • “the Act” means the Treasure Act 1996;

  • “base metal” means any metal other than gold or silver; and

  • “of prehistoric date” means dating from the Iron Age or any earlier period.

3...F4I1

F1(1)

The following classes of objects are designated pursuant to section 2(1) of the Act.

(a)

any object (other than a coin), any part of which is base metal, which, when found is one of at least two base metal objects in the same find which are of prehistoric date;

(b)

any object, (other than a coin) which is of prehistoric date, and any part of which is gold or silver;

F2(c)

any object, any part of which is metal, which satisfies paragraph (2).

F3(2)

An object satisfies this paragraph if—

(a)

it provides an exceptional insight into an aspect of national or regional history, archaeology or culture by virtue of one or more of the following—

(i)

its rarity as an example of its type found in the United Kingdom,

(ii)

the location, region or part of the United Kingdom in which it was found, or

(iii)

its connection with a particular person or event; or

(b)

although it does not, on its own, provide such an insight, it is, when found, part of the same find as one or more other objects, and provides such an insight when taken together with those objects.

4F1

(1)

The following classes of objects, to the extent that they would be treasure apart from this Order, are designated pursuant to section 2(2) of the Act—

(a)

any object which is subject to the faculty jurisdiction of the Church of England and found in or on land which is—

(i)

also subject to the faculty jurisdiction of the Church of England, and

(ii)

held or controlled by an ecclesiastical corporation, Parochial Church Council or Diocesan Board of Finance;

(b)

any object found in or under a cathedral church or within its precinct.

(2)

In this article—

  • “cathedral church” and “precinct” have the meanings given in section 32 of the Care of Cathedrals Measure 2011;

  • “Diocesan Board of Finance” and “Parochial Church Council” have the meanings given in section 3 of the Interpretation Measure 1925;

  • “ecclesiastical corporation” means any corporation in the Church of England, whether sole or aggregate, which is established for spiritual purposes.

Signature

Tessa Blackstone

Minister of State,

Department for Culture, Media and Sport

21st October 2002

Explanatory note

(This note is not part of the Order)

This Order extends the definition of “treasure” in section 1 of the Treasure Act 1996 (“the Act”) by designating under section 2(1) of the Act two classes of objects as being of outstanding historical, archaeological or cultural importance. The Order applies to England, Wales and Northern Ireland.

The first class of object is one of at least two base metal objects (other than coins), from the same find which are of prehistoric date.

The second class of object is any object (other than a coin) of prehistoric date, any part of which is gold or silver.