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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies if treasure—
(a)has vested in the Crown under section 4; and
(b)is to be transferred to a museum.
(2)The Secretary of State must determine whether a reward is to be paid by the museum before the transfer.
(3)If the Secretary of State determines that a reward is to be paid, he must also determine, in whatever way he thinks fit—
(a)the treasure’s market value;
(b)the amount of the reward;
(c)to whom the reward is to be payable; and
(d)if it is to be payable to more than one person, how much each is to receive.
(4)The total reward must not exceed the treasure’s market value.
(5)The reward may be payable to—
(a)the finder or any other person involved in the find;
(b)the occupier of the land at the time of the find;
(c)any person who had an interest in the land at that time, or has had such an interest at any time since then.
(6)Payment of the reward is not enforceable against a museum or the Secretary of State.
(7)In a determination under this section, the Secretary of State must take into account anything relevant in the code of practice issued under section 11.
(8)This section also applies in relation to treasure which has vested in a franchisee under section 4, if the franchisee makes a request to the Secretary of State that it should.
(1)The Secretary of State must—
(a)prepare a code of practice relating to treasure;
(b)keep the code under review; and
(c)revise it when appropriate.
(2)The code must, in particular, set out the principles and practice to be followed by the Secretary of State—
(a)when considering to whom treasure should be offered;
(b)when making a determination under section 10; and
(c)where the Crown’s title to treasure is disclaimed.
(3)The code may include guidance for—
(a)those who search for or find treasure; and
(b)museums and others who exercise functions in relation to treasure.
(4)Before preparing the code or revising it, the Secretary of State must consult such persons appearing to him to be interested as he thinks appropriate.
(5)A copy of the code and of any proposed revision of the code shall be laid before Parliament.
(6)Neither the code nor any revision shall come into force until approved by a resolution of each House of Parliament.
(7)The Secretary of State must publish the code in whatever way he considers appropriate for bringing it to the attention of those interested.
(8)If the Secretary of State considers that different provision should be made for—
(a)England and Wales, and
or that different provision should otherwise be made for treasure found in different areas, he may prepare two or more separate codes.
As soon as reasonably practicable after each anniversary of the coming into force of this section, the Secretary of State shall lay before Parliament a report on the operation of this Act in the preceding year.
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