Coroners and Justice Act 2009

Prospective

29 Exception to duty to investigate E+W

(1) Where the Coroner for Treasure is conducting, or proposes to conduct, an investigation under section 26 concerning—

(a) an object that would vest in the Crown under the Treasure Act 1996 (c. 24) if the object was in fact treasure and there were no prior interests or rights, or

(b) an object that would belong to the Crown under the law relating to treasure trove if the object was in fact treasure trove,

the Secretary of State may give notice to the Coroner for Treasure disclaiming, on behalf of the Crown, any title that the Crown may have to the object.

(2) Where the Coroner for Treasure is conducting, or proposes to conduct, an investigation under section 26 concerning—

(a) an object that would vest in the franchisee under the Treasure Act 1996 if the object was in fact treasure and there were no prior interests or rights, or

(b) an object that would belong to the franchisee under the law relating to treasure trove if the object was in fact treasure trove,

the franchisee may give notice to the Coroner for Treasure disclaiming any title that the franchisee may have to the object.

(3) A notice under subsection (1) or (2) may be given only before the making of a determination under section 28.

(4) Where a notice is given under subsection (1) or (2)—

(a) the object is to be treated as not vesting in or belonging to the Crown, or (as the case may be) the franchisee, under the Treasure Act 1996, or the law relating to treasure trove;

(b) the Coroner for Treasure may not conduct an investigation concerning the object under section 26 or, if an investigation has already begun, may not continue with it;

(c) without prejudice to the interests or rights of others, the object may be delivered to a person in accordance with a code of practice published under section 11 of the Treasure Act 1996.

(5) For the purposes of this section the franchisee, in relation to an object, is the person who—

(a) was, immediately before the commencement of section 4 of the Treasure Act 1996, or

(b) apart from that Act, as successor in title, would have been,

the franchisee of the Crown in right of treasure trove for the place where the object was found.