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S.I. No. 281/1997 - National Archives Act, 1986 (Prescription of Classes of Records) Order, 1997

Type Statutory Instrument
Publication 1997-06-26
Last updated 2005-06-30
State In force superseded text
Text As published
Source Irish Statute Book
articles 3

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 2005-06-30, S.I. No. 343/2005 - National Archives Act 1986 (Prescription of Classes of Records) (Amen…

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S.I. No. 281 of 1997.

NATIONAL ARCHIVES ACT, 1986 (PRESCRIPTION OF CLASSES OF RECORDS) ORDER, 1997

I, JOHN BRUTON, Taoiseach, in exercise of the powers conferred on me by section 8 (II) of the National Archives Act, 1986 (No. 11 of 1986), hereby order as follows:

1.

1.

This Order may be cited as the National Archives Act, 1986 (Prescription of Classes of Records) Order, 1997.

2.

2.

The classes of records referred to—

( a ) in the First Schedule to this Order found in all Departments of State, and

( b ) in column (2) of the Second Schedule to this Order found in a particular Department of State referred to in column (1) of that Schedule opposite the mention of a class of records,

are hereby prescribed as classes of records in relation to which a certificate granted under subsection (2) or (4) of section 8 of the National Archives Act, 1986 (No. 11 of 1986), may relate.

3.

3.

The National Archives Act, 1986 (Prescription of Classes of Records) Order, 1991, is hereby revoked.

FIRST SCHEDULE

Classes of records found in all Departments of State (including the courts and scheduled bodies).

1.

Personnel case files and related records concerning individual civil servants and public servants (including members of the Defence Forces and the Garda Síochána and employees of local authorities, state sponsored bodies and other public service organisations) recording matters such as their appointment, employment, performance, attendance, leave, salary or wages, promotion or re-grading, and retirement, resignation, dismissal or death.

2.

Pension case files and related records concerning pensions payable to individual civil servants and public servants (including members of the Defence Forces and the Garda Síochána and employees of local authorities, state sponsored bodies and other public service organisations) and their spouses and children.

3.

Accounting records concerning payments of salaries, wages, allowances, expenses, pensions etc. to individual civil servants and public servants (including members of the Defence Forces and the Garda Síochána and employees of local authorities, state sponsored bodies and other public service organisations) and their spouses or children.

SECOND SCHEDULE

Classes of records found in particular Departments of State (including courts and scheduled bodies).
Department of State (or court or scheduled body) Class of records
(1) (2)
Department of the Environment Records of exhumation licences granted under section 46 of the Local Government (Sanitary Services) Act, 1948 (No. 3 of 1948) and the Public Health (Ireland) Act, 1878.
Department of Foreign Affairs Consular files and related records concerning: (a) the protection of Irish citizens; (b) the issue of passports, visas and other travel documents; (c) foreign nationals; (d) commercial difficulties.
Department of Social Welfare Case files and related records concerning: (a) claims from individuals for benefits, allowances, pensions and assistance under the Social Welfare Acts; (b) questions arising in relation to claims at (a); (c) questions as to insurability of employments under the Social Welfare Acts; (d) claims for refunds of contributions under the Social Welfare Acts; (e) allegations of fraud against individuals or employers or categories thereof or alleged failure to fulfil obligations under the Social Welfare Acts or, in so far as Pay Related Social Insurance is concerned, the Finance Acts;
(f) contributions by individuals under the Social Welfare Acts; (g) payments made to individuals or other bodies by the Department; (h) claims by doctors for medical certificates under the Social Welfare Acts. Local office circulars pertaining to the operation of the Unemployment Assistance and Benefit Schemes.
Department of the Taoiseach State papers held by the Government Secretariat.
Department of Transport, Energy and Communications Records of: (a) applications for Radio Experimenter's Licences; (b) applications for General Certificates of Proficiency in Radiotelephony; (c) examinations for Certificates of Proficiency in Radiotelephony at various technical colleges; (d) examinations for Certificates in Marine Radar Maintenance at various technical colleges, under the Wireless Telegraphy Acts, 1926 to 1988.
High Court Files of the Central Office of the High Court relating to Matrimonial Cases. Files of Central Office of the High Court relating to Revenue Cases.
Constitution (Special Powers) Tribunal Records of the Tribunal.
Special Criminal Court established in 1939 Records of the Court.
Central Statistics Office Records containing information obtained in any way under the Statistics Acts, 1926 and 1946 and the Statistics Act, 1993 , which can be related to an identifiable person or undertaking.
Civil Service Commissioners Files relating to competitions held by the Commissioners.
Local Appointments Commissioners Files relating to competitions held by the Commissioners.

GIVEN under the Official Seal this 26th day of June, 1997.

JOHN BRUTON,

Taoiseach.

EXPLANATORY NOTE.

The purpose of orders made under section 8 (11) of the National Archives Act, 1986 , is to allow certificates made under sections 8(2) or 8(4) of the Act to refer to entire classes of records without giving details of individual records. Certificates made under section 8(2) or 8(4) of the Act are required if Departmental records which are more than 30 years old are to be retained by Departments and/or are to be withheld from public inspection. Where a class of records is not prescribed by an order made under section 8(11), details of each record which is to be retained or withheld must be given in the relevant certificate made under section 8(2) or 8(4).

This order is the second order made under section 8(11). It revokes the first order which was made in 1991.

The following class which was prescribed by the 1991 order is not prescribed by this order:
Department of the Taoiseach Rúnaí Aire files

In the case of the Central Statistics Office, all records of that office were prescribed as a class of records by the 1991 order. Only those records which contain information obtained in any way under the Statistics Acts, 1926, 1946 and 1993 which can be related to an identifiable person or undertaking are prescribed as a class of records by this order.

All other classes of records prescribed in the 1991 order are also prescribed by this order. No additional classes have been prescribed, by this order.

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