Search Legislation

Public Records (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

7Action notices

This section has no associated Explanatory Notes

(1)This section applies where the Keeper considers that an authority—

(a)has failed or is failing to comply with its records management plan, or

(b)otherwise has failed or is failing to comply with any duty imposed on the authority by or under this Part.

(2)The Keeper may issue to the authority a notice (an “action notice”)—

(a)specifying the details of the alleged failure, and

(b)requiring the authority to take specified action by a specified date.

(3)Where the Keeper is considering issuing an action notice to an authority, before deciding whether to do so, the Keeper must—

(a)notify the authority—

(i)that the Keeper is considering issuing an action notice, and

(ii)of the reasons for doing so,

(b)give the authority an opportunity to make representations, and

(c)have regard to any representations made by the authority.

(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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources