Public Records Act 1958

4 Place of deposit of public records. U.K.

(1) If it appears to the [F1 Secretary of State] that a place outside the Public Record Office affords suitable facilities for the safe-keeping and preservation of records and their inspection by the public he may, with the agreement of the authority who will be responsible for records deposited in that place, appoint it as a place of deposit as respects any class of public records selected for permanent preservation under this Act.

(2) In choosing a place of deposit under this section for public records of—

(a) courts of quarter sessions or magistrates’ courts, or

(b) courts of coroners of counties or boroughs,

the [F2 Secretary of State] shall have regard to any arrangements made by the person for the time being responsible for the records with respect to the place where those records are to be kept and, where he does not follow any such arrangements, shall, so far as practicable, proceed on the principle that the records of any such court ought to be kept in the area of the [F3 county] or county borough comprising the area for which the court acts or where it sits, except in a case where the authorities or persons appearing to the [F2 Secretary of State] to be mainly concerned consent to the choice of a place of deposit elsewhere.

(3) The [F4 Secretary of State] may at any time direct that public records shall be transferred from the Public Record Office to a place of deposit appointed under this section or from such a place of deposit to the Public Record Office or another place of deposit.

(4) Before appointing a place of deposit under this section as respects public records of a class for which the [F5 Secretary of State] is not himself responsible, he shall consult with the Minister or other person, if any, who appears to him to be primarily concerned and, where the records are records of a court of quarter sessions the records of which are, apart from the provisions of this Act, subject to the directions of a custos rotulorum, the [F5 Secretary of State] shall consult him.

(5) Public records in the Public Record Office shall be in the custody of the Keeper of Public Records and public records in a place of deposit appointed under this Act shall be in the custody of such officer as the [F6 Secretary of State] may appoint.

(6) Public records in the Public Record Office or other place of deposit appointed by the [F7 Secretary of State] under this Act shall be temporarily returned at the request of the person by whom or department or office from which they were transferred.

Textual Amendments

F1 Words in s. 4(1) substituted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 1(3)(e)

F2 Words in s. 4(2) substituted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 1(3)(e)

F3 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 179(2)

F4 Words in s. 4(3) substituted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 1(3)(e)

F5 Words in s. 4(4) substituted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 1(3)(e)

F6 Words in s. 4(5) substituted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 1(3)(e)

F7 Words in s. 4(6) substituted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 1(3)(e)

Modifications etc. (not altering text)

C1 S. 4(1)-(5): transfer of functions (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 6(1)(a), (2)(d) (with art. 7)