The Disposal of Records (Scotland) Amendment Regulations 2003

Scottish Statutory Instruments

2003 No. 522

REGISTERS AND RECORDS

The Disposal of Records (Scotland) Amendment Regulations 2003

Made

28th October 2003

Coming into force

11th November 2003

The Scottish Ministers in exercise of the powers conferred by section 12(1) of the Public Records (Scotland) Act 1937(1) and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 12(2) of that Act, section 6(2) of the Statutory Instruments Act 1946(2), and articles 3(3) and 12 of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999(3), been laid before the Scottish Parliament and a period of 40 days having expired without a resolution that the Regulations be not made:

Citation and commencement

1.  These Regulations may be cited as the Disposal of Records (Scotland) Amendment Regulations 2003 and shall come into force on the fourteenth day after the day on which they are made.

Amendment of the Disposal of Records (Scotland) Regulations 1992

2.  Regulation 4 of the Disposal of Records (Scotland) Regulations 1992(4) is amended in accordance with the following paragraphs–

(a) after paragraph (a) insert–

“(ab) in relation to any records relating to the Scottish Administration, the Scottish Ministers;

(ac) in relation to any records relating to the Scottish Parliament, The Scottish Parliamentary Corporate Body;”; and

(b) in paragraphs (c) and (d) for “the Secretary of State” substitute “the Scottish Ministers”.

TAVISH SCOTT

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

28th October 2003

Explanatory Note

(This note does not form part of the Regulations)

These Regulations amend the Disposal of Records (Scotland) Regulations 1992, which relate to the disposal of records other than court records.

These Regulations make provision for the disposal by the Keeper of the Records of Scotland (“Keeper”) of records of the Scottish Administration and the Scottish Parliament. Before disposing of these records the Keeper requires to obtain the consent of the Scottish Ministers and The Scottish Parliamentary Corporate Body respectively. In addition, regulation 2(b) provides for changes consequential on devolution.

(1)

1937 c. 43. Section 12 was extended by the Public Registers and Records (Scotland) Act 1948 (c. 57), section 5, and amended by the National Heritage (Scotland) Act 1985 (c. 16), section 19(3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

1946 c. 36. Section 6(2) was modified by article 3(3) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (S.I. 1999/1096).

(3)

S.I. 1999/1096.

(4)

S.I. 1992/3247.