Statutory Instruments
Public Records
Made
8th December 2014
The Lord Chancellor makes the following Order in exercise of the powers conferred by section 52(2) of the Constitutional Reform and Governance Act 2010(1):
1. This Order may be cited as the Constitutional Reform and Governance Act 2010 (Commencement No. 9) Order 2014.
2. Section 45(1) of the Constitutional Reform and Governance Act 2010 shall come into force on 1st January 2015 for all remaining purposes.
Simon Hughes
Minister of State
Ministry of Justice
8th December 2014
(This note is not part of the Order)
This Order brings into force (so far as not already in force) section 45(1) of the Constitutional Reform and Governance Act 2010 (c. 25).
Section 45(1)(a) of that Act reduces the period by the end of which public records are required by section 3(4) of the Public Records Act 1958 (c. 51) (“the 1958 Act”) to be transferred to the Public Record Office (which exercises its functions as part of The National Archives) or other place of deposit. In future, transfer will generally be required no later than the end of 20 years from the date on which the record was created, as opposed to 30 years.
Section 45(1)(b) provides that, for a period of 10 years from the date of its commencement, this reduction takes effect subject to any transitional, transitory or saving provision made by order by the Secretary of State under section 45(2) to (5). Particular transitional provision for the purpose of records newly subject to section 45(1) by virtue of this Order is made by The Public Records (Transfer to the Public Record Office) (Transitional and Saving Provisions) Order 2014.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at http://www.nationalarchives.gov.uk/archives-sector/20-year-rule-and-records-of-local-interest.html.
(This note is not part of the Order)
The following provisions of the Constitutional Reform and Governance Act 2010 have been brought into force by commencement orders made before the date of this order.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 to 25 | 11.11.2010 | 2010/2703 |
| Section 26 | 19.4.2010 | 2010/1277 |
| Section 27 and 28(1) to (3) | 7.5.2010 | 2010/1277 |
| Section 28(4) | 27.7.2010 | 2010/1931 |
| Section 29 | 24.5.2011 | 2011/1274 |
| Section 30 | 7.5.2010 | 2010/1277 |
| Section 31(1) to (5) | 27.7.2010 | 2010/1931 |
| Sections 31(6) and 32 | 7.5.2010 | 2010/1277 |
| Sections 33 to 35 | 27.7.2010 | 2010/1931 |
| Section 36 | 7.5.2010 | 2010/1277 |
| Section 37 | 7.5.2010 | 2010/1277 |
| Section 38, in part | 19.5.2010 and 7.5.2010 | 2010/1277 |
| Section 38, in part | 27.7.2010 | 2010/1931 |
| Section 38, so far as not already in force | 24.5.2011 | 2011/1274 |
| Section 39 | 24.5.2011 | 2011/1274 |
| Section 40, in part | 24.10.2011 | 2011/2485 |
| Section 40, so far as not already in force | 1.11.2013 | 2013/2826 |
Sections 43 and 44 | 11.11.2010 | 2010/2703 |
| Section 45(1), in part | 1.1.2013 | 2012/3001 |
| Section 45(2) to (5) | 30.11.2012 | 2012/3001 |
| Section 46(1), in part | 19.1.2011 | 2011/46 |
| Section 46(1), so far as not already in force | 1.1.2013 | 2012/3001 |
| Section 46(2) to (5) | 30.11.2012 | 2012/3001 |
| Schedule 3 | 19.4.2010 | 2010/1277 |
| Schedule 4 | 27.7.2010 | 2010/1931 |
| Schedule 5, paragraphs 1, 2(b), 4(1) and 2(a), 5(1) and (3), 7(1) and 7(4)(d) in part | 19.4.2010 | 2010/1277 |
| Schedule 5, paragraphs 2(a), 3, 4(2)(b), 5(2), 6, and 7(2), (3)(c) and (4)(c) | 7.5.2010 | 2010/1277 |
| Schedule 5, paragraphs 4(3) 7(3)(b), 4(b), 4(d), so far as not already in force, and (5) | 27.7.2010 | 2010/1931 |
| Schedule 6: Part 1, Part 2 and paragraph 35(1) and (2), paragraphs 36, 37 and 42 to 46, paragraph 47(1), paragraph 47(2) in part, paragraph 47(3) and paragraphs 48 to 50 | 24.10.2011 | 2011/2485 |
| Schedule 6, paragraphs 35(3) and 38 to 41 and paragraph 47(2), so far as not already in force | 1.11.2013 | 2013/2826 |
| Schedule 7, paragraphs 1 to 3, 5(2)(b) in part, 5(4) in part, and paragraph 6 in part | 19.1.2011 | 2011/46 |
| Schedule 7, so far as not already in force | 1.1.2013 | 2012/3001 |