There are 4 main acts that impact how NRS and other government bodies manage records.
These are:
- Public Records (Scotland) Act 2011
- Public Records (Scotland) Act 1937
- Public Registers and Records (Scotland) Act 1948
- Public Records Act 1958
Public Records (Scotland) Act 2011
The Public Records (Scotland) Act aims to:
- raise the profile of records management across the public sector
- promote improvements in record keeping
It tasks named public authorities with preparing, submitting and implementing a Records Management Plan.
You can read more about the Public Records (Scotland) Act 2011.
Public Records (Scotland) Act 1937
This act mostly covers how records of central and local courts should be transferred to the Keeper. The act makes it lawful for the following bodies to transfer their records to the Keeper:
- government departments
- agencies
- non-departmental public bodies
- statutory bodies corporate
- local authorities
This act also:
- prescribes procedures for records disposal
- provides for the temporary retransmission of records when required by their creators
- outlines the powers and duties of the Keeper concerning the records in their care, and allows them to take necessary steps to carry out these duties, including employing staff and destroying records which are not judged to be of long term value
- makes it lawful for the Keeper to acquire records from private owners through an amendment introduced in the National Heritage (Scotland) Act 1985
Public Registers and Records (Scotland) Act 1948
This act created a new 'Keeper of the Records of Scotland’. It took away from the Keeper the responsibility for the General Register of Sasines. This was passed to the newly-created post of ‘Keeper of the Registers of Scotland’.
Public Records Act 1958
This Act excludes Scotland from its provisions, but it has an effect on Scottish public records in two ways.
With the agreement of both the UK and Scottish Keepers, UK public bodies operating wholly or mainly in Scotland may transfer their records to National Records of Scotland. They can do this instead of transferring to the National Archives, which are based in London.
In 1962, the Scottish Office adopted the arrangements for access to government records set out in the 1958 Act. They also adopted similar arrangements for the selection, transfer and preservation of government records.
You can find more information about the 1958 Act in the policy and legislation section of The National Archives (TNA) Website.
