LegalizeReform history
Public Records (Scotland) Act 2011
24 versions
· 2011-04-20
2026-03-01
Public Records (Scotland) Act 2011
2025-09-01
Public Records (Scotland) Act 2011
2024-10-07
Public Records (Scotland) Act 2011
2024-02-15
Public Records (Scotland) Act 2011
2022-04-01
Public Records (Scotland) Act 2011
2021-10-01
Public Records (Scotland) Act 2011
2020-12-01
Public Records (Scotland) Act 2011
2020-04-01
Public Records (Scotland) Act 2011
2019-10-16
Public Records (Scotland) Act 2011
2018-06-28
Public Records (Scotland) Act 2011
2018-01-12
Public Records (Scotland) Act 2011
2017-04-01
Public Records (Scotland) Act 2011
2017-02-16
Public Records (Scotland) Act 2011
2016-12-01
Public Records (Scotland) Act 2011
2016-11-28
Public Records (Scotland) Act 2011
2015-09-17
Public Records (Scotland) Act 2011
2015-08-31
Public Records (Scotland) Act 2011
2015-04-01
Public Records (Scotland) Act 2011
2013-07-01
Public Records (Scotland) Act 2011
2013-01-01
Public Records (Scotland) Act 2011
2012-08-08
Public Records (Scotland) Act 2011
2012-07-02
Public Records (Scotland) Act 2011
2012-02-24
Public Records (Scotland) Act 2011
Changes on 2012-02-24
@@ -8,29 +8,29 @@
- (1) Every authority to which this Part applies must—
- (a) prepare a plan (a “records management plan”) setting out proper arrangements for the management of the authority’s public records,
- (a) prepare a plan (a “records management plan”) setting out proper arrangements for the management of the authority's public records,
- (b) submit the plan to the Keeper for agreement, and
- (c) ensure that its public records are managed in accordance with the plan as agreed with the Keeper.
- (2) An authority’s records management plan must—
- (2) An authority's records management plan must—
- (a) identify—
- (i) the individual who is responsible for management of the authority’s public records, and
- (i) the individual who is responsible for management of the authority's public records, and
- (ii) (if different) the individual who is responsible for ensuring compliance with the plan, and
- (b) include, in particular, provision about—
- (i) the procedures to be followed in managing the authority’s public records,
- (ii) maintaining the security of information contained in the authority’s public records, and
- (iii) the archiving and destruction or other disposal of the authority’s public records.
- (3) An authority’s records management plan may make different provision for the management of different kinds of public records (taking account, for example, of the different levels of risk associated with the management of different kinds of records).
- (i) the procedures to be followed in managing the authority's public records,
- (ii) maintaining the security of information contained in the authority's public records, and
- (iii) the archiving and destruction or other disposal of the authority's public records.
- (3) An authority's records management plan may make different provision for the management of different kinds of public records (taking account, for example, of the different levels of risk associated with the management of different kinds of records).
- (4) The Keeper must issue guidance to authorities about the form and content of records management plans.
@@ -52,7 +52,7 @@
- (a) must, if the Keeper so requires, or
- (b) may, with the Keeper’s agreement,
- (b) may, with the Keeper's agreement,
have separate records management plans for public records relating to separate functions of the authority.
@@ -60,7 +60,7 @@
- (a) must, if the Keeper so requires, or
- (b) may, with the Keeper’s agreement,
- (b) may, with the Keeper's agreement,
have a common records management plan for both or, as the case may be, all of the authorities in the group.
@@ -86,11 +86,11 @@
- (a) a part of the Scottish Administration,
- (b) a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act [1998 (c.46)](https://www.legislation.gov.uk/ukpga/1998/46)), or
- (b) a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998 (c.46)), or
- (c) a publicly owned company.
- (4) In subsection (3)(c), “publicly owned company” means a company that is wholly owned by—
- (4) In subsection (3)(c), “*publicly owned company*” means a company that is wholly owned by—
- (a) the Scottish Ministers, or
@@ -110,7 +110,7 @@
- (ii) persons acting on behalf of the authority or of such other companies.
- (6) In this section, “company” includes any body corporate.
- (6) In this section, “*company*” includes any body corporate.
- (7) An order under subsection (2) may—
@@ -124,15 +124,15 @@
##### 3
- (1) In this Act, “public records”, in relation to an authority, means—
- (1) In this Act, “*public records*”, in relation to an authority, means—
- (a) records created by or on behalf of the authority in carrying out its functions,
- (b) records created by or on behalf of a contractor in carrying out the authority’s functions,
- (c) records created by any other person that have come into the possession of the authority or a contractor in carrying out the authority’s functions.
- (2) In subsection (1) “contractor”, in relation to an authority, means a person to whom functions of the authority are delegated (whether under a contract or otherwise) by the authority.
- (b) records created by or on behalf of a contractor in carrying out the authority's functions,
- (c) records created by any other person that have come into the possession of the authority or a contractor in carrying out the authority's functions.
- (2) In subsection (1) “*contractor*”, in relation to an authority, means a person to whom functions of the authority are delegated (whether under a contract or otherwise) by the authority.
#### Agreement of plans
@@ -146,7 +146,7 @@
- (a) agree it, or
- (b) if the Keeper considers that it does not set out proper arrangements for the management of the authority’s public records, return it.
- (b) if the Keeper considers that it does not set out proper arrangements for the management of the authority's public records, return it.
- (4) What constitutes “proper arrangements” in any case is for the Keeper to determine.
@@ -196,7 +196,7 @@
- (b) if the Keeper so requires (whether at the time of agreement of the plan or otherwise), carry out a review of the plan by such date (the “review date”) as the Keeper may determine in accordance with subsections (2) to (4).
- (2) The Keeper must not determine a review date under subsection (1)(b) which is earlier than five years after the date on which the authority’s records management plan was last agreed.
- (2) The Keeper must not determine a review date under subsection (1)(b) which is earlier than five years after the date on which the authority's records management plan was last agreed.
- (3) In subsection (2), reference to the plan being agreed includes—
@@ -250,7 +250,7 @@
- (4) Section 5(5) applies to a review of a plan carried out under subsection (3)(b) of this section as it applies to a review of a plan carried out under section 5, but as if the reference to the review date were a reference to the date determined under subsection (3)(b) of this section.
- (5) Subsection (3) does not affect the Keeper’s powers under section 7.
- (5) Subsection (3) does not affect the Keeper's powers under section 7.
- (6) The Keeper may carry out a records management review in relation to—
@@ -286,7 +286,7 @@
- (c) have regard to any representations made by the authority.
- (4) In subsection (2)(b), “specified” means specified in the action notice.
- (4) In subsection (2)(b), “*specified*” means specified in the action notice.
- (5) If the authority fails to comply with any of the requirements of the action notice, the Keeper may take such steps as the Keeper considers appropriate to publicise the failure.
@@ -306,7 +306,7 @@
- (b) have regard to any views expressed in response to the consultation.
- (3) Authorities must, in preparing and revising their records management plans for the Keeper’s agreement, have regard to the model records management plan published under this section.
- (3) Authorities must, in preparing and revising their records management plans for the Keeper's agreement, have regard to the model records management plan published under this section.
- (4) The Keeper must keep the model records management plan under review and may revise it and publish the revised model plan.
@@ -348,7 +348,7 @@
- (1) This section applies in relation to the public records of a sheriff court or a justice of the peace court.
- (2) The Sheriff Principal of the sheriffdom in which the court is located is responsible for carrying out the authority’s functions under this Part in relation to such public records.
- (2) The Sheriff Principal of the sheriffdom in which the court is located is responsible for carrying out the authority's functions under this Part in relation to such public records.
- (3) Accordingly, in relation to such public records, a reference in this Part to an authority (other than in section 3) is to be read as a reference to the Sheriff Principal.
@@ -368,7 +368,7 @@
- (1) The Keeper must, after the end of each financial year—
- (a) prepare a report on the carrying out of the Keeper’s functions under this Part during the year, and
- (a) prepare a report on the carrying out of the Keeper's functions under this Part during the year, and
- (b) submit the report to the Scottish Ministers.
@@ -402,23 +402,23 @@
- (1) In this Part—
- “action notice” means a notice issued under section 7,
- “authority” means an authority to which this Part applies (see section 2),
- “the Keeper” means the Keeper of the Records of Scotland,
- “management”, in relation to public records, includes keeping, storage, securing, archiving, preservation, destruction or other disposal (and “manage” and other related expressions are to be construed accordingly),
- “public records”, in relation to an authority, has the meaning given by section 3(1),
- “record” means anything in which information is recorded in any form,
- “records management plan”, in relation to an authority, means the plan referred to in section 1(1),
- “records management review” means a review carried out under section 6.
- (2) Except where the context requires otherwise, references in this Part to an authority’s records management plan include references to the plan as revised from time to time.
- “*action notice*” means a notice issued under section 7,
- “*authority*” means an authority to which this Part applies (see section 2),
- “*the Keeper*” means the Keeper of the Records of Scotland,
- “*management*”, in relation to public records, includes keeping, storage, securing, archiving, preservation, destruction or other disposal (and “manage” and other related expressions are to be construed accordingly),
- “*public records*”, in relation to an authority, has the meaning given by section 3(1),
- “*record*” means anything in which information is recorded in any form,
- “*records management plan*”, in relation to an authority, means the plan referred to in section 1(1),
- “*records management review*” means a review carried out under section 6.
- (2) Except where the context requires otherwise, references in this Part to an authority's records management plan include references to the plan as revised from time to time.
#### Repeals
@@ -426,15 +426,15 @@
The following are repealed—
- (a) sections 2(3) and 2A(4) of the [Public Records (Scotland) Act 1937 (c.43)](https://www.legislation.gov.uk/ukpga/1937/43) (care and preservation of sheriff court and JP court records),
- (b) section 53(1) to (3) of the [Local Government etc. (Scotland) Act 1994 (c.39)](https://www.legislation.gov.uk/ukpga/1994/39) (preservation and management of records of local authorities),
- (c) section 30(1)(b) to (d) of the [Environment Act 1995 (c.25)](https://www.legislation.gov.uk/ukpga/1995/25) (preservation and management of records of SEPA),
- (d) section 27(2) to (4) of the [National Parks (Scotland) Act 2000 (asp 10)](https://www.legislation.gov.uk/asp/2000/10) (preservation and management of records of National Park authorities), and
- (e) section 58(2) to (4) of the [Water Industry (Scotland) Act 2002 (asp 3)](https://www.legislation.gov.uk/asp/2002/3) (preservation and management of records of Scottish Water).
- (a) sections 2(3) and 2A(4) of the Public Records (Scotland) Act 1937 (c.43) (care and preservation of sheriff court and JP court records),
- (b) section 53(1) to (3) of the Local Government etc. (Scotland) Act 1994 (c.39) (preservation and management of records of local authorities),
- (c) section 30(1)(b) to (d) of the Environment Act 1995 (c.25) (preservation and management of records of SEPA),
- (d) section 27(2) to (4) of the National Parks (Scotland) Act 2000 (asp 10) (preservation and management of records of National Park authorities), and
- (e) section 58(2) to (4) of the Water Industry (Scotland) Act 2002 (asp 3) (preservation and management of records of Scottish Water).
## Part 2 — Transmission of court records
@@ -442,7 +442,7 @@
##### 15
- (1) The [Public Records (Scotland) Act 1937 (c.43)](https://www.legislation.gov.uk/ukpga/1937/43) is amended as follows.
- (1) The Public Records (Scotland) Act 1937 (c.43) is amended as follows.
- (2) In section 1 (High Court and Court of Session records), after subsection (2) add—
@@ -454,17 +454,17 @@
- (a) for subsection (1) substitute—
> (1) A sheriff principal may, with the agreement of the Keeper, transmit any of the sheriff court records of the sheriff principal’s sheriffdom to the Keeper.
> (1) A sheriff principal may, with the agreement of the Keeper, transmit any of the sheriff court records of the sheriff principal's sheriffdom to the Keeper.
,
- (b) in subsection (4), for “subsections (1) and (3)” substitute “subsection (1)”.
- (b) in subsection (4), for “subsections (1) and (3)” substitute “ subsection (1) ”.
- (4) In section 2A (JP court records)—
- (a) for subsection (1) substitute—
> (1) A sheriff principal may, with the agreement of the Keeper, transmit any of the JP court records of the sheriff principal’s sheriffdom to the Keeper.
> (1) A sheriff principal may, with the agreement of the Keeper, transmit any of the JP court records of the sheriff principal's sheriffdom to the Keeper.
,
2011-04-20
Public Records (Scotland) Act 2011
original version
Text at this date