Coroners and Justice Bill — Report (2nd Day) — 26 Oct 2009 at 16:33

Amendment 37

Moved by Lord Redesdale

37: After Clause 27, insert the following new Clause-

"Amendment of Treasure Act 1996

After section 8 of the Treasure Act 1996 (c. 24) (duty of finder to notify coroner) insert-

"8A Duty to notify coroner of acquisition of certain objects

(1) A person who-

(a) acquires property in an object, and

(b) believes or has reasonable grounds for believing-

(i) that the object is treasure, and

(ii) that notification in respect of the object has not been given under section 8(1) of this subsection,

must notify the Coroner for Treasure before the end of the notice period.

(2) The notice period is fourteen days beginning with-

(a) the day after he acquires property in the object; or

(b) if later, the day on which he first believes or has reason to believe-

(i) that the object is treasure; and

(ii) that notification in respect of the object has not been given under section 8(1) or subsection (1) of this section.

(3) Any person who fails to comply with subsection (1) is guilty of an offence if-

(a) notification in respect of the object has not been given under section 8(1) or subsection (1) of this section; and

(b) there has been no investigation in relation to the object.

(4) Any person guilty of an offence under this section is liable on summary conviction to-

(a) imprisonment for a term not exceeding the relevant maximum;

(b) a fine or an amount not exceeding level 5 on the standard scale; or

(c) both.

(5) In proceedings for an offence under this section, it is a defence for the defendant to show he had, and has continued to have, a reasonable excuse for failing to notify the Coroner for Treasure.

(6) If the office of Coroner for Treasure is vacant, notification under subsection (1) must be given to the Chief Coroner.

(7) In determining for the purposes of this section whether a person has acquired property in an object, section 4 is to be disregarded.

(8) In this section "investigation" means an investigation under section (Investigations concerning treasure) of the Coroners and Justice Act 2009.""

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