The Care of Cathedrals Rules 2006

SCHEDULE 1 TREASURE

Interpretation

1.—(1) In this Schedule—

“designated person” means any such person or body as the Secretary of State may designate for the purpose of receiving notification under section 6A(3);

“object of treasure” means an object declared by the Vicar-General to be treasure under paragraph 3 below;

“potential treasure object” means an object which appears to be treasure or in respect of which there is a reasonable possibility of its being treasure;

“specified museum” means the British Museum or a registered museum nominated by the British Museum under section 6A(4)(b) in relation to the object of treasure concerned;

“treasure” means an object which would, but for an order under section 2(2) of the Treasure Act 1996, be treasure within the meaning of section 1, as supplemented by section 3, of that Act, and which is found within the precinct of a cathedral; and

“the Vicar-General” means the Vicar-General of the province in which the cathedral concerned is situated.

(2) If at any time the cathedral concerned has no cathedral archaeologist, any reference in sub-paragraphs 2(1) and (3) and 3(1) below to the cathedral archaeologist shall be treated as a reference to such archaeologist with appropriate expertise and experience for the purposes of those paragraphs as the Chapter may from time to time determine.

Preliminary arrangements and notification in relation to objects which may be treasure

2.—(1) Where an object is discovered within the precinct and it falls within criteria published from time to time by the Commission, after consultation with the Secretary of State, as to preliminary consideration of an object as a potential treasure object, then as soon as reasonably practicable—

(a) the discovery of the object and a preliminary description of the object shall be notified to the administrator by or on behalf of the person who discovers the object;

(b) the administrator shall notify the cathedral archaeologist (if and in so far as he or she is not already aware of it) of the information received under paragraph (a) above;

(c) the administrator shall ensure that such information in relation to the object as the cathedral archaeologist may advise is recorded in writing; and

(d) the cathedral archaeologist, after examining the object and taking such advice, if any, as he or she thinks necessary, shall notify the Chapter and the administrator in writing whether in his or her opinion it is or is not, as the case may be, a potential treasure object.

(2) The Chapter shall take all reasonable steps to ensure that the requirements of sub-paragraph (1) above are complied with.

(3) On receiving notification in writing from the cathedral archaeologist under paragraph (1)(d) above that an object discovered within the precinct is a potential treasure object, the administrator shall—

(a) within 14 days notify the Commission in writing of the discovery;

(b) as soon as reasonably practicable obtain expert advice as to the conditions which are appropriate for the preservation of the object, and ensure that it is kept in secure and appropriate conditions having regard to that advice; and

(c) as soon as reasonably practicable arrange for the object to be recorded in the inventory maintained under rule 28 of these rules and designated as treasure in that inventory in accordance with directions issued by the Commission.

(4) On receipt by the Commission of any written notification from the administrator under paragraph (3)(a) above, the secretary to the Commission shall report the discovery of the potential treasure object, in writing, to—

(a) the Secretary of State or the designated person if any; and

(b) the Vicar-General.

Determination whether object is treasure

3.—(1) In order to ascertain whether or not a potential treasure object is treasure, the administrator shall—

(a) within 28 days after receiving notification from the cathedral archaeologist under paragraph 2(1)(d) above that an object found within the precinct is a potential treasure object, seek expert advice in writing from the British Museum (and if the Chapter thinks fit, one or more other suitably qualified persons or bodies) as to the nature and age of the object and any other matters which appear to be relevant to whether it is treasure; and

(b) within 7 days of receiving such advice—

(i) send the advice, the information recorded under paragraph 2(1)(c) above, and a copy in writing of any other information which the cathedral archaeologist advises may be relevant, to the Vicar-General with a request in writing to the Vicar-General to determine whether the object is treasure; and

(ii) send to the Commission copies of the documents sent to the Vicar-General.

(2) On receiving a request under paragraph (1)(b)(i) above, the Vicar-General may direct the Chapter to obtain and supply further information or expert advice or both in relation to the object.

(3) The administrator shall send to the Commission copies of any such directions by the Vicar-General and of any information or advice supplied by the Chapter to the Vicar-General in response to them.

(4) The Vicar-General shall, when satisfied that the Chapter has obtained and supplied appropriate information and expert advice, make a declaration in writing, having regard to that information and advice, stating that the object is or is not treasure, as the case may be, and shall send copies of the declaration to both the administrator and the Commission.

(5) On receipt by the Commission of a copy of any declaration by the Vicar-General under sub-paragraph (4) above, the secretary to the Commission shall send a copy to the Secretary of State or to the designated person if any.

(6) The Chapter shall ensure that as soon as reasonably practicable any amendments which are necessary or appropriate in consequence of a declaration by the Vicar-General under sub-paragraph (4) above are made in the inventory maintained under rule 28 of these rules in accordance with directions issued by the Commission.

Display of treasure and access by the public

4.—(1) The Chapter shall, wherever and so far as it is reasonably practicable to do so, ensure that any object of treasure discovered within the precinct of the cathedral concerned is made available to be viewed by members of the public in conditions which are secure and appropriate for its preservation.

(2) In the interests of the security and preservation of objects of treasure any inspection of such an object by a member or members of the public on a individual basis shall be limited to those persons who have been expressly authorised in writing by the Chapter for that purpose and who at the time of inspection provide such documentary evidence of personal identification as the Chapter may reasonably require.

(3) In sub-paragraphs (1) and (2) above “member of the public” means a person other than an officer of the cathedral or other person carrying out work for the cathedral (whether or not on a paid basis) who is viewing or inspecting the object of treasure concerned in connection with the functions of that office or for the purposes of that work.

Work to object of treasure

5.—(1) An application by a Chapter for approval of a proposal for the carrying out of work to an object of treasure which would materially affect the architectural, archaeological, artistic or historic interest of the object, shall—

(a) if the object has been designated by the fabric advisory committee under section 13(2) as being of outstanding architectural, archaeological, artistic or historic interest, be made to the Commission; and

(b) if the object is not within sub-rule (a) of this paragraph, be made to the fabric advisory committee.

(2) Rule 5 of these rules shall apply to an application to the fabric advisory committee under paragraph (1)(b).

(3) Rule 7 of these rules shall apply to an application to the Commission under paragraph (1)(a).

Sale, loan or disposal of object of treasure

6.—(1) There shall be no sale, loan or disposal of an object of treasure unless it has been approved by the Commission.

(2) An application to the Commission for the approval of a proposal involving the sale, loan or disposal of an object of treasure shall be made only after the Chapter has consulted the fabric advisory committee.

(3) An application to the Commission for the approval of a proposal involving the sale or other disposal (other than a loan) of an object of treasure shall be made only after the Chapter—

(a) has supplied to the British Museum photographs and a description of the object, and has requested it to inform the Chapter in writing within four weeks (or such other period as may be agreed between the Chapter and the British Museum) which museum is to be the specified museum in relation to the object; and, if that museum is to be the British Museum, whether it is interested in acquiring the object; and

(b) if the specified museum is not to be the British Museum, has supplied to the specified museum photographs and a description of the object and has requested the specified museum to inform the Chapter in writing within four weeks (or such other period as may be agreed between the Chapter and the specified museum) whether it is interested in acquiring the object.

(4) An application to the Commission for the approval of a proposal involving the sale, loan or disposal of an object of treasure shall—

(a) be made in writing in Form 16 in Schedule 2 particularising the proposed sale, loan or other disposal of the object;

(b) be accompanied by photographs and a detailed description of the size, features and history (where known) and the significance of the object; and

(c) where the proposal is for the sale or other disposal of the object (other than a loan), be accompanied by copies of the correspondence between the Chapter and the British Museum as to which museum is to be the specified museum in relation to the object concerned, and copies of the correspondence between the Chapter and the specified museum as to the interest of that museum in purchasing or otherwise acquiring the object if the Commission were to approve the Chapter’s proposal.

(5) At the same time as an application referred to in sub-paragraph (4) is made to the Commission the administrator shall display for a period of 28 days inside and outside the cathedral where it is readily visible to the public a notice in Form 17 in Schedule 2 which—

(a) gives particulars of the proposals;

(b) identifies an address at which the items referred to in sub-paragraph (4)(b) and (c) can be inspected; and

(c) states that representations in writing in respect of the proposal may be sent to the secretary of the Commission at the address of the Commission no later than 28 days from the date of the notice.

(6) At the same time as an application referred to in sub-paragraph (4) is made to the Commission the administrator shall send or deliver a copy of the notice in Form 17 to the fabric advisory committee.

(7) At the same time as an application referred to in sub-paragraph (4) is made to the Commission the administrator shall send or deliver a copy of the notice in Form 17 together with copies of the items referred to in sub-paragraph (4)(b) and (c) to—

(a) English Heritage; and

(b) the national amenity societies (or such person as those societies may jointly appoint for the purposes of the Measure).

(8) Before determining the application the Commission shall give the Chapter not less than 21 days within which to comment on any representations made to the Commission under sub-paragraphs (5), (6) and (7) and the Chapter shall be entitled to have copies of such representations for the purpose of deciding whether or not to comment upon them.

Decision

7.—(1) Immediately after the expiry of 28 days following display of the notice required by paragraph 6(5) the administrator shall complete the certificate of publication in Form 17 and send or deliver it to the secretary of the Commission at the address of the Commission.

(2) Within a period not exceeding 3 months after the expiry of the period given to the Chapter to comment under paragraph 6(8) (or, if no representations are received in respect of the proposal, after the expiry of the period for representations specified in the notice in Form 17), the Commission shall consider the representations and comments, if any, received under paragraph 6(5), (6), (7) and (8) and shall decide whether to give its approval to the Chapter’s proposal, either unconditionally or subject to such conditions as it may specify, or whether to refuse to give its approval.

(3) Within 10 days of the Commission’s decision the secretary of the Commission shall send or deliver a notice of the decision in Form 18 in Schedule 2 to—

(a) the Chapter;

(b) the fabric advisory committee;

(c) English Heritage;

(d) the national amenity societies (or such person as those societies may jointly appoint for the purposes of the Measure); and

(e) the Secretary of State or the designated person if any.

(4) The administrator shall within 7 days of receipt of the notice sent or delivered to the Chapter under sub-paragraph (3), display a copy of the notice inside and outside the cathedral where it is readily visible to the public for a period of not less than 28 days.

Opportunity for museum to purchase object of treasure

8.—(1) If the Commission decides to approve a proposal for the sale or other disposal of an object of treasure other than a loan, and other than a disposal to the specified museum on terms already agreed with that museum, then unless the specified museum has confirmed in writing that it has no interest in purchasing the object, the Commission shall—

(a) specify a reasonable period of time, which shall not be less than 4 months after the purchase price to be paid on a purchase by the specified museum under section 6A(4)(b) has been determined under sub-paragraph (3) below, during which the specified museum shall have the opportunity to purchase the object at the purchase price so determined; and

(b) direct that upon the expiry of such period without such purchase having taken place (or upon the specified museum confirming in writing that it does not wish to purchase the object, if sooner) the object may be sold in accordance with the proposal approved by the Commission subject to any conditions specified by the Commission under paragraph 7(2) above.

(2) The Commission shall have power from time to time, on the application of either the Chapter or the specified museum or both jointly, to extend the period specified under sub-paragraph (1)(a) above as it considers reasonable in the circumstances, and if the Commission refuses any such application the applicant or applicants may apply to the Vicar-General, who shall have the like power to extend that period.

(3) If the Commission gives its approval to any such proposal as is referred to in sub-paragraph (1) above the following provisions shall then apply for the purpose of determining the price (in this paragraph referred to as “the purchase price”) to be paid for the object of treasure concerned on a purchase by the specified museum under section 6A(4)(b)—

(a) the Chapter and the specified museum may each obtain written valuations from one or more independent valuers with experience of the market nationally and internationally;

(b) the Chapter and the specified museum shall jointly request a valuation from any independent panel of experts for the time being established or approved by the Secretary of State for the purpose of establishing the market value of objects under section 10 of the Treasure Act 1996 and shall supply to that panel copies of any valuations obtained under paragraph (a) above;

(c) if any such panel as is referred to in paragraph (b) above provides such a valuation, then subject to paragraphs (d) and (e) below that valuation shall be the purchase price;

(d) if—

(i) there is no such panel; or

(ii) any such panel declines to provide such a valuation; or

(iii) any such panel provides such a valuation but within 14 days of receiving the valuation either the Chapter or the specified museum or both declare in writing that it or they wish the matter to be referred to the Vicar-General;

the Chapter and the specified museum (or, in the case of a reference following a valuation within paragraph (c) above, whichever of them has declared a wish for such a reference) shall refer the determination of the purchase price to the Vicar-General.

(e) On any such reference to the Vicar-General—

(i) the Chapter and the specified museum shall submit to the Vicar-General any valuations obtained under paragraph (a) above, any valuation within paragraph (b) above and any further written valuation or valuations obtained by either the Chapter or the specified museum from such independent valuers as are referred to in paragraph (a) above;

(ii) the Vicar-General may issue any such directions as he or she thinks fit for the purpose of the reference; and

(iii) when the Vicar-General is satisfied that he or she has been supplied with sufficient information he or she shall determine the purchase price and notify it in writing to the Chapter, the specified museum and the Commission.

(f) On receipt by the Commission of notification of a determination by the Vicar-General of the purchase price under paragraph (e)(iii) above, the secretary to the Commission shall send a copy to the Secretary of State or to the designated person if any.