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Public Records (Scotland) Act 2011

Section 5 – Review of plans

22.This section requires authorities to keep their plans under review and to review them when required to do so by the Keeper under subsection (1)(b). Subsection (8) allows the Keeper to set different review dates for different authorities. This could be used to allow the Keeper to consider revised plans on a phased basis.

23.The Keeper may not require an authority to review its plan less than five years after the date on which it was last agreed (subsections (2) to (4)).  There is one exception to this rule, which allows the Keeper to require an authority to review its plan at any time, following a records management review under section 6.

24.Where the Keeper requires an authority to review its plan, subsection (5) requires the authority to submit any revised plan to the Keeper for agreement in accordance with section 4. If an authority decides that it does not need to make any changes to its plan as a result of the review the plan must still be submitted for agreement by the Keeper in accordance with section 4.

25.Subsection (6) enables authorities to revise their plans and submit revised plans to the Keeper at any time.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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