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Public Records (Scotland) Act 2011

Section 7 – Action notices

29.This section allows the Keeper to issue an action notice to an authority which is failing in its obligations under Part 1 of the Act. An action notice could be issued in relation to a failure to prepare a records management plan, a failure to comply with a plan, a failure to assist in a review or any other failure under the Act. Subsection (2) sets out the information which must be included in an action notice.

30.Subsection (3) requires the Keeper to notify an authority before issuing an action notice, to give the authority an opportunity to make representations and to have regard to these before making his decision.

31.Where an authority fails to comply with the action notice, subsection (5) allows the Keeper to publicise the failure.

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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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