(1)The Lord Justice General, as regards records of the High Court of Justiciary, the Lord President, as regards other court records, and the Secretary of State, as regards any other records to which this Act applies, may make regulations regarding the disposal by destruction or otherwise of records which have been transmitted to the Keeper in pursuance of this Act or otherwise, and which are of insufficient value to justify their preservation or which would more appropriately be in the custody of any person, body or institution other than the Keeper.
[F1(2)Regulations under this section are subject to the negative procedure.]
(3)No regulations made under this section shall authorise—
(a)the disposal of records relating to a Government department or belonging to a local authority without the consent of that department or authority; or
[F2(b)the disposal by destruction of any records of older date than the year 1707.]
Textual Amendments
F1S. 12(2) substituted (S.) (11.11.2011) by The Interpretation and Legislative Reform (Scotland) Act 2010 (Consequential, Savings and Transitional Provisions) Order 2011 (S.S.I. 2011/396), arts. 1, 4
Modifications etc. (not altering text)
C1S. 12 extended by Public Registers and Records (Scotland) Act 1948 (c. 57), s. 5
C2S. 12 modified (S.) (5.2.2009) by Scottish Register of Tartans Act 2008 (asp 7), ss. 3(2), 18(2); S.S.I. 2009/5, art. 2