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Burgh Registers (Scotland) Act 1926

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2 Transmission of burgh registers of sasines to keeper of the records.E+W+S+N.I.

(1)As soon as conveniently may be, and in any case not later than one month after the discontinuance of a burgh register of sasines, the whole volumes thereof, from and after the first day of January, eighteen hundred and seventy, and all minute books and presentment books and other public records relating thereto, shall be transmitted by the town clerk to the keeper of the records in such manner as the keeper of the records may direct or approve, and such volumes and records shall be kept in the custody of the keeper of the records, subject to right of access thereto, and inspection thereof, by members of the public, on such conditions as the Treasury may from time to time prescribe after consultation with the Lord President of the Court of Session, F1. . .and the Lord Justice Clerk.

(2)The volumes and records of the burgh register so transmitted to the keeper of the records shall remain the property of the burgh from which they were transmitted, and shall be re-transmitted to the town clerk of such burgh as follows: At the end of ten years after the discontinuance of such burgh register the portion applicable to the period from the first day of January, eighteen hundred and seventy, to the thirty-first day of December, eighteen hundred and seventy-four, shall be returned, and at the end of each period of five years thereafter the portion applicable to the five years immediately following those already returned shall be returned until the whole volumes have been returned:

Provided that the keeper of the records, if he or the keeper of the general register of sasines finds it necessary, may, from time to time, with the consent of the Secretary of State, retain the custody of such volumes and records, or require the same or any prior volumes and records to be transmitted to him, for such period as the Secretary of State may fix, but not in any case exceeding three years.

(3)The town council of any burgh mentioned in the First Schedule to this Act shall, notwithstanding anything in this Act contained, be responsible for the safe custody of any volumes of the burgh register of sasines for that burgh and relative records which have not been transmitted to the keeper of the records or which have been returned, and shall allow to all members of the public reasonable access to such volumes and records and inspection thereof: Provided that any such town council may, at any time, if they so resolve, deliver such volumes and records to the keeper of the records for permanent custody, and the keeper of the records shall be bound to receive the same, and thereupon all responsibility and obligation of such town council with reference thereto shall cease and determine: Provided further that the custody of such volumes by the keeper of the records shall be subject always to right of access thereto and inspection thereof by members of the public, on such conditions as the Treasury may from time to time prescribe, after consultation with the Lord President of the Court of Session, F1. . .and the Lord Justice Clerk.

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F1Words in s. 2(1)(3) repealed (20.5.1999) by S.I. 1999/1042, arts. 1(2)(b), 4, Sch. 2 Pt. I, para. 3, Pt. III

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