Transfer of functions from the Lord Chancellor to the Secretary of StateI16

1

The following functions of the Lord Chancellor are transferred to the Secretary of State—

a

functions under a provision of the Public Records Act 195818 which is listed in paragraph (2),

b

functions under a provision of the Freedom of Information Act 2000 which is listed in paragraph (3),

c

functions under regulation 17(1)(a) and (4)(a) of the Environmental Information Regulations 200419 (requirements to be consulted about disclosure of public records), and

d

functions under sections 147(1), (4) and (5) and 148(1)(f) and (4)(a) of the Government of Wales Act 200620 (functions in connection with responsibility for Welsh public records).

2

The provisions of the Public Records Act 1958 referred to in paragraph (1)(a) are—

a

section 1(1), (2) and (3) (general responsibility for execution of Act and for public records),

b

section 2(1), (4)(g) and (5) (functions in relation to the Public Record Office),

c

section 3(4) and (5) to (7)21 (selection and preservation of public records),

d

section 4(1) to (5) (appointment of places of deposit of public records),

e

section 5(5)22 (arrangements for inspection of public records in appointed places of deposit),

f

section 6 (approval of destruction or other disposal of public records in certain circumstances), and

g

paragraph 7(2) of Schedule 1 (determining whether records are public records for purposes of the Act).

3

The provisions of the Freedom of Information Act 2000 referred to in paragraph (1)(b) are—

a

section 46(1), (3), (5) and (6)23 (code of practice providing guidance in connection with keeping, management and destruction of records),

b

section 65(1)(a) (requirement to be consulted about proposal to refuse request for information contained in a historical record), and

c

section 66(5)(a) (requirement to be consulted about whether public interest exemption applies to information contained in a transferred public record).