Public Records (Scotland) Act 2011

4 Agreement of plans

(1) An authority must submit its proposed records management plan to the Keeper for agreement by such date as the Keeper may determine.

(2) The proposed plan is to be submitted in such form and manner as the Keeper may determine.

(3) On receiving the proposed plan, the Keeper must—

(a) agree it, or

(b) if the Keeper considers that it does not set out proper arrangements for the management of the authority’s public records, return it.

(4) What constitutes “proper arrangements” in any case is for the Keeper to determine.

(5) In deciding whether to agree or return the proposed plan, the Keeper must have regard to—

(a) the guidance issued by the Keeper under section 1(4),

(b) the model records management plan published under section 8,

(c) the nature of the authority and its public records, and

(d) any representations made by the authority.

(6) Where the Keeper is considering returning the proposed plan, before deciding whether to do so, the Keeper must—

(a) notify the authority—

(i) that the Keeper is considering returning the proposed plan, and

(ii) of the reasons for doing so,

(b) give the authority an opportunity to make representations, and

(c) have regard to any representations made by the authority.

(7) If the Keeper returns the proposed plan—

(a) the Keeper—

(i) must state reasons for the return, and

(ii) may propose modifications to the proposed plan, and

(b) the authority must submit a revised plan to the Keeper for agreement by such date as the Keeper may determine.

(8) Subsections (2) to (7) apply to a revised plan submitted under subsection (7)(b) as they apply to a proposed records management plan submitted under subsection (1).

(9) The Keeper may make different determinations under this section for different authorities or different descriptions of authorities.