The Disposal of Records (Scotland) Regulations 1992

Procedure for disposal

4.  Before authorising the disposal of any records as mentioned in regulation 3 above, the Keeper shall obtain the consent of the Scottish Records Advisory Council and—

(a) in relation to any records relating to a government department-

(i) the Secretary of State or other Minister of the Crown in charge of that government department; or

(ii) where the government department is no longer in existence or no longer performs the function to which those records relate—

(aa) in the case where the same or similar function is exerciseable by another government department, the Secretary of State or other Minister of the Crown in charge of that other government department; or

(bb) in any other case, the Secretary of State;

(b) in relation to any records belonging to a local authority, that local authority;

(c) in relation to any Health Board records, the Secretary of State; and

(d) in relation to the records of heritors, the Secretary of State; and

(e) in any other case, where the records were transmitted to the Keeper by any board of trustees or other body or person under section 5(1) of the 1937 Act and that board, body or person is still in existence, the trustees of that board, or, as the case may be, that body or that person.