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Public Records (Scotland) Act 2011

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This is the original version (as it was originally enacted).

5Review of plans

This section has no associated Explanatory Notes

(1)An authority must—

(a)keep its records management plan under review, and

(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.

(3)In subsection (2), reference to the plan being agreed includes—

(a)agreement of the plan under section 4,

(b)if the authority has been required to carry out a review of the plan under subsection (1)(b) of this section or section 6(3)(b), agreement of the revised or, as the case may be, resubmitted plan, and

(c)if the authority has submitted a revised plan under subsection (6) of this section, agreement of the revised plan.

(4)If—

(a)the Keeper has determined a review date under subsection (1)(b) in relation to a plan, and

(b)before that date, the Keeper agrees—

(i)a revised plan submitted by the authority under subsection (6), or

(ii)if the authority has been required to carry out a review of the plan under section 6(3)(b), a revised or, as the case may be, resubmitted plan,

the Keeper must determine a new review date and inform the authority of the new review date.

(5)After carrying out a review of its plan in accordance with subsection (1)(b), the authority must, by the review date, either—

(a)revise its plan and submit the revised plan to the Keeper for agreement, or

(b)if the authority decides not to revise its plan, resubmit its current plan to the Keeper for agreement.

(6)An authority may at any time revise its records management plan and submit the revised plan to the Keeper for agreement.

(7)Subsections (2) to (9) of section 4 apply, as they apply to a proposed records management plan submitted for agreement under that section, to—

(a)a revised records management plan submitted to the Keeper for agreement under subsection (5)(a) or (6) of this section, and

(b)a records management plan resubmitted to the Keeper for agreement under subsection (5)(b) of this section.

(8)The Keeper may make different determinations under this section for different authorities or different descriptions of authorities.

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