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Local Government etc. (Scotland) Act 1994
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- 1994 c. 39
- SCHEDULE 13
- The Public Records (Scotland) Act 1937 (c.43)
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- S.S.I. 2010/70 art. 2 commences (2010 asp 2)
The Public Records (Scotland) Act 1937 (c.43)S
22(1)The Public Records (Scotland) Act 1937 shall be amended in accordance with this paragraph.S
(2)In section 5 (transfer of records to Keeper)—
(a)for subsection (2) substitute—
“(2)Notwithstanding anything contained in any enactment, it shall be lawful for any local authority or any statutory body corporate in Scotland, with the consent of the Keeper, to transmit such of their records as relate exclusively or mainly to Scotland to the Keeper for custody.
(2A)For the purposes of this section, “statutory body corporate” means any body corporate established by or under a statute relating to Scotland other than such bodies, or such classes of such bodies, as may be specified by the Secretary of State in an order made by statutory instrument.
(2B)Nothing in subsection (2) above shall apply to any burgh register of sasines or to any book or public record relating thereto.”.
(3)In subsection (1) of section 14 (interpretation), after the definition of “court records” insert—
“the expression “local authority” means an authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and includes a joint board and a joint committee;
the expression “statutory body corporate” shall be construed in accordance with section 5(2A) above.”.
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