Public Records (Scotland) Act 2011

7 Action notices

(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.