Local Government etc. (Scotland) Act 1994, 1994 c.39

Contents

Transfer of property
Records held by local authorities
Use, acquisition and disposal of records
Further provision as to discharge of functions by authorities
Records held by new authorities
Schedule 13: Minor and consequential amendments

Transfer of property

15.(1) Subject to subsection (5) below, the Secretary of State may by order provide that any property vested in one or more existing local authorities immediately before 1st April 1996 shall on that date be transferred to and vest in such new authority or authorities as may be specified in or determined under the order.

(2) An order under this section may include provision for the transfer of all rights, liabilities and obligations of an existing local authority on 1st April 1996 to such new authority or authorities as may be specified in or determined under the order.

(3) An order under this section may make different provision in relation to–

(a) different items or categories of property;

(b) different, or different categories of, rights, liabilities or obligations; and

(c) different authorities.

(4) The power to transfer property conferred by this section includes power to transfer property which is held by an existing local authority as part of the common good, but such property may not be transferred to a residuary body and, in administering such property, any authority to which it is transferred shall–

(a) except in the case of the councils for Aberdeen, Dundee, Edinburgh and Glasgow, have regard to the interests of the inhabitants of the area to which the common good related prior to 16th May 1975; and

(b) in the case of the councils for Aberdeen, Dundee, Edinburgh and Glasgow, have regard to the interests of all the inhabitants of their areas.

(5) This section does not apply to any property which is transferred under or by virtue of section 16, 17 or 91 of this Act.

(6) Orders under this section shall be made by statutory instrument, and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) For the purposes of this section–

"existing local authority" includes a joint committee and a joint board but does not, subject to any other provision of this Act, include an islands authority;

"new authority" means any of the authorities constituted under section 2 of this Act, and includes a joint board and a residuary body; and

"property" includes any records held by, or in the custody of, an existing local authority.

Records held by local authorities

53.(1) A local authority shall, in accordance with the provisions of this section, make proper arrangements for the preservation and management of any records which have been–

(a) transferred to and vested in them by virtue of an order under section 15 of this Act;

(b) created or acquired by them in the exercise of any of their functions; or

(c) otherwise placed in their custody,

and shall, before putting any such arrangements into effect, or making any material change to such arrangements, consult the Keeper of the Records of Scotland, and have regard to any comments which he may make on the proposed arrangements or changes.

(2) A local authority may dispose of any records which they do not consider to be worthy of preservation.

(3) Before entering into any arrangements to which section 58 of this Act or section 56 of the 1973 Act (arrangements for discharge of functions by local authorities) applies with regard to the preservation and management of any records, a local authority shall consult the Keeper.

(4) Where a local authority hold records relating to the property or functions of any other local authority, that other authority shall, subject to any arrangements made under section 58 of this Act or section 56 of the 1973 Act by the two authorities–

(a) be entitled to free access to, and copies of, any such records; and

(b) pay to the local authority holding the records such proportion of the costs incurred by that authority in preserving and managing the records–

(i) as the authorities may agree; or

(ii) as may, failing such agreement, be determined by the Secretary of State.

(5) The Keeper shall be entitled to free access to any records held by a local authority.

(6) For the purposes of this section and section 54 of this Act "records" includes charters, deeds, minutes, accounts and other documents, and any other records, of whatever form and in whatever medium, which convey information, but does not include records which are the property of the Registrar General of Births, Deaths and Marriages for Scotland.

Use, acquisition and disposal of records

54.(1) A local authority may do anything which appears to them to be appropriate for the purpose of enabling proper use to be made of their records and, without prejudice to the generality of the foregoing, may

(a) make provision for enabling persons, with or without charge and subject to such conditions as the authority may determine, to inspect the records and to make or obtain copies thereof;

(b) prepare, or procure or assist in the preparation of, indices and guides to and calendars and summaries of the records;

(c) publish, or procure or assist in the publication of, the records or any index or guide to or calendar or summary of the records;

(d) hold exhibitions of the records and arrange for the delivery of explanatory lectures, with or without charging for admission to such exhibitions or lectures;

(e) direct that the records be temporarily entrusted to other persons for exhibition or study.

(2) Nothing in subsection (1) above shall be taken as authorising the doing of any act which infringes copyright or contravenes conditions subject to which records are under the control of an authority.

(3) A local authority may-

(a) acquire by way of purchase records which, or (in the case of a collection) the majority of which, appear to the authority to be of general or local interest;

(b) accept the gift of records which or, in the case of a collection, the majority of which appear to the authority to be of general or local interest.

(4) A local authority may accept the deposit of records-

(a) authorised to be deposited with it by any enactment; and

(b) which appear to the authority to be of general or local interest.

(5) (Footnote: Section 54(5) repealed by schedule 24 of the Environment Act 1995.)

Further provision as to discharge of functions by authorities

58.(1) Subject to the provisions of this section, a local authority (a "contracting authority") may agree with any other local authority (a "supplying authority") that the supplying authority shall carry out for the contracting authority any activity or service which the contracting authority are required to, or may legitimately, carry out.

(2) An agreement under this section–

(a) may provide for activities or services to be carried out by two or more authorities jointly; and

(b) may include such terms as to payment as the authorities concerned consider appropriate.

(3) Anything requiring to be done by a supplying authority under an agreement under this section shall be treated as one of their statutory functions.

(4) The Secretary of State may by regulations make such provision as he thinks fit in relation to the exercise by local authorities of the power conferred by this section and, without prejudice to the generality of the foregoing, such regulations may include provision–

(a) prohibiting or restricting to such extent as may be prescribed the use of the power in relation to such activities or services, or such class or classes of activities or services, as may be so prescribed;

(b) specifying, either generally or in relation to such activities or services, or such classes of activities or services, as may be so prescribed, which authorities may enter into agreements under this section.

(5) This section is without prejudice to any other power under or by virtue of which a local authority may arrange for the carrying out of any of their activities or services by another authority.

(6) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) For the purposes of this section "local authority" includes a residuary body and a joint board.

Records held by new authorities

119.(1) Subject to subsection (3) below –

(a) this section applies to all records (in whatever form or medium) –

(i) transferred to and vested in a new water and sewerage authority by virtue of section 91(1) of this Act;

(ii) created or acquired by them in the exercise of any of their functions; or

(iii) otherwise in their keeping;

(b) the authority shall ensure that the records, other than such as are mentioned in paragraph (c) below, are preserved and managed in accordance with such arrangements as the authority, after consulting the Keeper of the Records of Scotland, shall put into effect;

(c) records which, in the opinion of the authority, are not worthy of preservation may be disposed of by them;

(d) the authority may from time to time revise the arrangements mentioned in paragraph (b) above but before making any material change to those arrangements shall consult the Keeper; and

(e) the authority –

(i) shall secure that the Keeper has at all reasonable hours, unrestricted access to the records preserved by them;

(ii) may afford members of the public, free of charge or on payment of reasonable charges, facilities for inspecting, and for obtaining copies or extracts from those records.

(2) Nothing in subsection (1)(e)(ii) above permits infringement of copyright or contravention of conditions subject to which records are in the keeping of the authority.

(3) In so far as any provision of, or inserted or amended by, the Part of this Act, being a provision which relates to records of a specific kind, is (but for this subsection) inconsistent with subsection (1) above, that subsection is subject to the provision in question.

Schedule 13: Minor and consequential amendments

Section 180(1).

The Public Records (Scotland) Act 1937 (c.43)

22.(1) The Public Records (Scotland) Act 1937 shall be amended in accordance with this paragraph.

(2) In section 5 (transfer of records to Keeper)–

(a) for subsection (2) substitute–

" (2) Notwithstanding anything contained in any enactment, it shall be lawful for any local authority or any statutory body corporate in Scotland, with the consent of the Keeper, to transmit such of their records as relate exclusively or mainly to Scotland to the Keeper for custody.

(2A) For the purposes of this section, "statutory body corporate" means any body corporate established by or under a statute relating to Scotland other than such bodies, or such classes of such bodies, as may be specified by the Secretary of State in an order made by statutory instrument.

(2B) Nothing in subsection (2) above shall apply to any burgh register of sasines or to any book or public record relating thereto."

(3) In subsection (1) of section 14 (interpretation), after the definition of "court records" insert–

" the expression "local authority" means an authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and includes a joint board and a joint committee;

the expression "statutory body corporate" shall be construed in accordance with section 5(2A) above."