New procedures for the temporary export of finds from Scotland

Most archaeologists will be aware that the legislation covering archaeological finds in Scotland differs from that elsewhere in the UK. In particular, as far as this notice is concerned, all artefactual finds from excavations and survey work belong to the Crown and must be declared under the Treasure Trove/bona vacantia system. Such material may not be removed from Scotland without the prior written consent of the Crown Agent (the Queen and Lord Treasurer's Remembrancer).

The recent introduction in England and Wales of the Dealing in Cultural Objects Offences Act 2003 reinforces this difference in respect of archaeologists wishing to remove finds from Scotland for purposes of post-excavation analysis and preparation for publication. Archaeologists based outside Scotland who undertake work in Scotland should be aware that their finds will become 'tainted' under the new legislation if removed from Scotland and will in effect be illegally held if so removed unless they have applied for and received prior written consent.

There is no intention that this situation should create any disincentive for archaeologists from elsewhere in the UK or abroad working in Scotland, and a simple system has been put in place to cope. Any archaeologist based outside Scotland who is intending to undertake fieldwork in Scotland should register his or her intention in advance with the Treasure Trove Secretariat in Edinburgh. A consent form, signed by the Chairman of the Treasure Trove Advisory Panel and by the QLTR (Queens' and Lord Treasurer's Remembrancer, Crown Office, will be issued allowing retention and temporary export of any finds for a specified period (extensions of this period can be agreed when more time is found to be required for finds analysis).

The archaeologist to whom the consent is issued undertakes full responsibility for any finds while they are outside Scotland and for their full declaration and repatriation at the appropriate time. This consent is required whether or not the project to be undertaken is in receipt of any Historic Scotland funding. A similar situation arises if Scottish-based archaeologists wish to export finds elsewhere in the UK or abroad for purposes of post-excavation analysis.

The above stipulations do not affect excavated finds once they have been allocated to Scottish museums under the Treasure Trove/bona vacantia procedures, when normal museum loan and export arrangements apply.

Contact the Treasure Trove Unit
c/o National Museums of Scotland
Chambers Street
Edinburgh EH1 1JF.
email:info@treasuretrovescotland.co.uk