Public Records Act 1958
1958 c.51
An Act to make new provision with respect to public records and the Public Record Office, and for connected purposes.
Act excluded by Australian Constitution (Public Record Copy) Act 1990 (c.17, SIF 101),s. 1
Act modified (1.4.1996) by 1995 c. 25, s. 120(2), Sch. 23 Pt. I para. 9 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Act restricted (1.4.1999) by 1998 c. 38, s. 116(1) (with s. 143(2)); S.I. 1999/782, art. 2
Act modified (temp.) (1.4.1999) by 1998 c. 38, s. 116(2) (with s. 143(2)); S.I. 1999/782, art. 2
Act excluded (24.4.2000) by S.I. 2000/942, art. 4
Act applied (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 66(4), 68(1)-(3), Sch. 5 para. 6(1) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(d)
Act restricted by Government of Wales Act 2006 (c. 32) , s. 146(1)(2)(3), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.
Act modified (temp) by Government of Wales Act 2006 (c. 32) , s. 146(2), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.
1 General responsibility of the Lord Chancellor for public records.
1
The direction of the Public Record Office shall be transferred from the Master of the Rolls to the Lord Chancellor, and the Lord Chancellor shall be generally responsible for the execution of this Act and shall supervise the care and preservation of public records.
2
There shall be an Advisory Council on Public Records to advise the Lord Chancellor on matters concerning public records in general and, in particular, on those aspects of the work of the Public Record Office which affect members of the public who make use of the facilities provided by the Public Record Office.
The Master of the Rolls shall be chairman of the said Council and the remaining members of the Council shall be appointed by the Lord Chancellor on such terms as he may specify.
F12A
The matters on which the Advisory Council on Public Records may advise the Lord Chancellor include matters relating to the application of the Freedom of Information Act 2000 to information contained in public records which are historical records within the meaning of Part VI of that Act.
3
The Lord Chancellor shall in every year lay before both Houses of Parliament a report on the work of the Public Record Office, which shall include any report made to him by the Advisory Council on Public Records.
2 The Public Record Office.
1
The Lord Chancellor may appoint a Keeper of Public Records to take charge under his direction of the Public Record Office and of the records therein and may, with the concurrence of the Treasury as to numbers and conditions of service, appoint such other persons to serve in the Public Record Office as he may think fit.
2
The Keeper of Public Records and other persons appointed under this Act shall receive such salaries and remuneration as the Treasury may from time to time direct.
3
It shall be the duty of the Keeper of Public Records to take all practicable steps for the preservation of records under his charge.
4
The Keeper of Public Records shall have power to do all such things as appear to him necessary or expedient for maintaining the utility of the Public Record Office and may in particular—
a
compile and make available indexes and guides to, and calendars and texts of, the records in the Public Record Office;
b
prepare publications concerning the activities of and facilities provided by the Public Record Office;
c
regulate the conditions under which members of the public may inspect public and other records or use the other facilities of the Public Record Office;
d
provide for the making and authentication of copies of and extracts from records required as evidence in legal proceedings or for other purposes;
e
accept responsibility for the safe keeping of records other than public records;
f
make arrangements for the separate housing of films and other records which have to be kept under special conditions;
g
lend records, in a case where the Lord Chancellor gives his approval, for display at commemorative exhibitions or for other special purposes;
h
acquire records and accept gifts and loans.
5
The Lord Chancellor may by regulations made with the concurrence of the Treasury and contained in a statutory instrument prescribe the fees which may be charged for the inspection of records under the charge of the Keeper of Public Records, for authenticated copies or extracts from such records and for other services afforded by officers of the Public Record Office and authorise the remission of the fees in prescribed cases.
6
Fees received under the last foregoing subsection shall be paid into the Exchequer.
3 Selection and preservation of public records.
1
It shall be the duty of every person responsible for public records of any description which are not in the Public Record Office or a place of deposit appointed by the Lord Chancellor under this Act to make arrangements for the selection of those records which ought to be permanently preserved and for their safe-keeping.
2
Every person shall perform his duties under this section under the guidance of the Keeper of Public Records and the said Keeper shall be responsible for co-ordinating and supervising all action taken under this section.
3
All public records created before the year sixteen hundred and sixty shall be included among those selected for permanent preservation.
C134
Public records selected for permanent preservation under this section shall be transferred not later than F20420 years after their creation either to the Public Record Office or to such other place of deposit appointed by the Lord Chancellor under this Act as the Lord Chancellor may direct:
Provided that any records may be retained after the said period if, in the opinion of the person who is responsible for them, they are required for administrative purposes or ought to be retained for any other special reason and, where that person is not the Lord Chancellor, the Lord Chancellor has been informed of the facts and given his approval.
F2034A
Until the end of the period of 10 years beginning with the commencement of section 45 of the Constitutional Reform and Governance Act 2010, subsection (4) has effect subject to any order made under subsection (2) of that section.
5
The Lord Chancellor may, if it appears to him in the interests of the proper administration of the Public Record Office, direct that the transfer of any class of records under this section shall be suspended until arrangements for their reception have been completed.
6
Public records which, following the arrangements made in pursuance of this section, have been rejected as not required for permanent preservation shall be destroyed or, subject in the case of records for which some person other than the Lord Chancellor is responsible, to the approval of the Lord Chancellor, disposed of in any other way.
7
Any question as to the person whose duty it is to make arrangements under this section with respect to any class of public records shall be referred to the Lord Chancellor for his decision.
8
The provisions of this section shall not make it unlawful for the person responsible for any public record to transmit it to the Keeper of the Records of Scotland or to the Public Record Office of Northern Ireland.
4 Place of deposit of public records.
1
If it appears to the Lord Chancellor 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 Lord Chancellor 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 F2county 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 Lord Chancellor to be mainly concerned consent to the choice of a place of deposit elsewhere.
3
The Lord Chancellor 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 Lord Chancellor 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 Lord Chancellor 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 Lord Chancellor may appoint.
6
Public records in the Public Record Office or other place of deposit appointed by the Lord Chancellor under this Act shall be temporarily returned at the request of the person by whom or department or office from which they were transferred.
5 Access to public records.
F31
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43
It shall be the duty of the Keeper of Public Records to arrange that reasonable facilities are available to the public for inspecting and obtaining copies of those public records in the Public Record Office which fall to be disclosed in accordance with the Freedom of Information Act 2000.
F54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The Lord Chancellor shall, as respects all public records in places of deposit appointed by him under this Act outside the Public Record Office, require arrangements to be made for their inspection by the public comparable to those made for public records in the Public Record Office F6. . ..
6 Destruction of public records in Public Record Office or other place of deposit.
If, as respects any public records in the Public Record Office or any place of deposit appointed under this Act, it appears to the Keeper of Public Records that they are duplicated by other public records which have been selected for permanent preservation or that there is some other special reason why they should not be permanently preserved, he may, with the approval of the Lord Chancellor and of the Minister or other person, if any, who appears to the Lord Chancellor to be primarily concerned with public records of the class in question, authorise the destruction of those records or, with that approval, their disposal in any other way.
7 Records for which Master of the Rolls remains responsible.
1
Subject to the provisions of this section, the Master of the Rolls shall continue to be responsible for, and to have custody of, the records of the Chancery of England, including those created after the commencement of this Act, and shall have power to determine where the said records or any of them are for the time being to be deposited.
2
Section three and subsection (6) of section four of this Act shall not apply to any of the said records but if and so long as any of them are deposited in the Public Record Office those records shall be in the custody of the Keeper of Public Records and subject to the directions of the Lord Chancellor as in the case of any other records in the Public Record Office.
3
Subject to the foregoing provisions of this section, the Master of the Rolls shall not have charge and superintendence over, or custody of, any public records and any public records which at the commencement of this Act were in the custody of the Master of the Rolls (other than records of the Chancery of England) shall thereafter be in the custody of the Keeper of Public Records or such other officer as the Lord Chancellor may from time to time appoint.
8 Court records.
1
The Lord Chancellor shall be responsible for the public records of every court of record or magistrates’ court which are not in the Public Record Office or a place of deposit appointed by him under this Act and shall have power to determine in the case of any such records F7other than records of the Supreme Court, the officer in whose custody they are for the time being to be:
F8. . .
F91A
Records of the Supreme Court for which the Lord Chancellor is responsible under subsection (1) shall be in the custody of the chief executive of that court.
2
F10The power of the President of the Probate Division of the High Court under section one hundred and seventy of the M1Supreme Court of Judicature (Consolidation) Act 1925, to direct where the wills and other documents mentioned in that section are to be deposited and preserved (exercisable with the consent of the Lord Chancellor) shall be transferred to the Lord Chancellor.
F113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where any private documents have remained in the custody of a court in England or Wales for more than fifty years without being claimed, the Keeper of Public Records may, with the approval of the Master of the Rolls, require the documents to be transferred to the Public Record Office and thereupon the documents shall become public records for the purposes of this Act.
5
Section three of this Act shall not apply to such of the records of ecclesiastical courts described in paragraph (n) of sub-paragraph (1) of paragraph 4 of the First Schedule to this Act as are not held in any office of the F12Senior Courts or in the Public Record Office, but, if the Lord Chancellor after consulting the President of the F13Family Division so directs as respects any of those records, those records shall be transferred to such place of deposit as may be appointed by the Lord Chancellor and shall thereafter be in the custody of such officer as may be so appointed.
6
The public records which at the commencement of this Act are in the custody of the University of Oxford and which are included in the index a copy of which was transmitted to the principal probate registrar under section two of the M2Oxford University Act 1860, shall not be required to be transferred under the last foregoing subsection but the Lord Chancellor shall make arrangements with the University of Oxford as to the conditions under which those records may be inspected by the public.
9 Legal validity of public records and authenticated copies.
1
The legal validity of any record shall not be affected by its removal under the provisions of this Act, or of the Public Record Office Acts 1838 to 1898, or by any provisions in those Acts with respect to its legal custody.
2
A copy of or extract from a public record in the Public Record Office purporting to be examined and certified as true and authentic by the proper officer and to be sealed or stamped with the seal of the Public Record Office shall be admissible as evidence in any proceedings without any further or other proof thereof if the original record would have been admissible as evidence in those proceedings.
F143
An electronic copy of or extract from a public record in the Public Record Office which—
a
purports to have been examined and certified as true and authentic by the proper officer; and
b
appears on a website purporting to be one maintained by or on behalf of the Public Record Office,;
shall, when viewed on that website, be admissible as evidence in any proceedings without further or other proof if the original record would have been admissible as evidence in those proceedings.
F154
F16In this section any reference to the proper officer is a reference to the Keeper of Public Records or any other officer of the Public Record Office authorised in that behalf by the Keeper of Public Records, and, in the case of copies and extracts made before the commencement of this Act, the deputy keeper of the records or any assistant record keeper appointed under the M3Public Record Office Act 1838.
10 Interpretation.
1
In this Act “public records” has the meaning assigned to it by the First Schedule to this Act and “records” includes not only written records but records conveying information by any other means whatsoever.
2
Where records created at different dates are for administrative purposes kept together in one file or other assembly all the records in that file or other assembly shall be treated for the purposes of this Act as having been created when the latest of those records was created.
F1711 Public Record Office Acts to cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Northern Ireland.
1
It shall be lawful for any government department or other body or person having the custody of any public records relating exclusively or mainly to Northern Ireland to transmit those records to the Public Record Office of Northern Ireland.
F182
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13 Short title, repeals and commencement.
1
This Act may be cited as the Public Records Act 1958.
F192
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
This Act shall come into force on the first day of January, nineteen hundred and fifty-nine.
SCHEDULES
C10C11 FIRST SCHEDULE Definition of Public Records
Sch. 1 excluded by Transport Act 1968 (c. 73), s. 144(9)
Sch. 1 excluded (E.W.S.) (1.4.1994) by 1993 c. 43, s. 125(6); S.I. 1994/571, art. 5 (with art. 7) (which exclusion was repealed (18.7.1996) by 1996 c. 42, s. 8(2)(3))
Sch. 1 excluded (E.W.S.) (18.9.1996) by 1996 c. 42, ss. 5(3), 8(3)
Sch. 1: power to amend conferred (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 84; S.I. 2011/2329, art. 3
1
The provisions of this Schedule shall have effect for determining what are public records for the purposes of this Act.
Departmental records
2
1
Subject to the provisions of this paragraph, administrative and departmental records belonging to Her Majesty, whether in the United Kingdom or elsewhere, in right of Her Majesty’s Government in the United Kingdom and, in particular,—
a
records of, or held in, any department of Her Majesty’s Government in the United Kingdom, or
b
records of any office, commission or other body or establishment whatsoever under Her Majesty’s Government in the United Kingdom,
shall be public records.
2
Sub-paragraph (1) of this paragraph shall not apply—
a
to records of any government department or body which is wholly or mainly concerned with Scottish affairs, or which carries on its activities wholly or mainly in Scotland, or
b
to registers or certified copies of entries in registers being registers or certified copies kept or deposited in the General Register Office under or in pursuance of any enactment, whether past or future, which provides for the registration of births, deaths, marriages F20, civil partnerships or adoptions, or
c
except so far as provided by paragraph 4 of this Schedule, to records of the Duchy of Lancaster, or
d
to records of the office of the Public Trustee relating to individual trusts F21or
e
to Welsh public records (as defined in F22the Government of Wales Act 2006).
3
1
Without prejudice to the generality of sub-paragraph (1) of the last foregoing paragraph, the administrative and departmental records of bodies and establishments set out in the Table at the end of this paragraph shall be public records, whether or not they are records belonging to Her Majesty.
2
The provisions of this paragraph shall not be taken as applying to records in any museum or gallery mentioned in the said Table which form part of its permanent collections (that is to say records which the museum or gallery has acquired otherwise than by transfer from or arrangements with a government department).
C7PART I | |
|---|---|
BODIES AND ESTABLISHMENTS UNDER GOVERNMENT DEPARTMENTS | |
Responsible Government Department | |
F23Department for Environment, Food and Rural Affairs. | Agricultural Wages Board. Agricultural Wages Committees. Organisation known as the “National Farm Survey”. Official seed testing station for England and Wales. |
F186Department for Business, Innovation and Skills | Meteorological Office. |
F24. . . | F25. . . |
F26Department of Health | National Health Service Authorities F27including F196the National Health Service Commissioning Board, clinical commissioning groups,F28Primary Care TrustsF29, National Health Service trusts and NHS foundation trusts other than local health authorities F30and Authorities for districts or localities in Wales, or for areas in or consisting of Wales (including National Health Service trusts all of whose hospitals, establishments and facilities are situated in Wales). F31Family Practitioner CommitteesF32for localities in England F33health service hospitals, within the meaning of the National Health Service Act 1977F34, in England except— records of endowments passing to Boards of Governors under section seven of the National Health Service Act 1946. records relating to funds held by Hospital Boards and Committees under sections fifty-nine and sixty of the said Act, and records of private patients admitted under section five of the said Act. F35records of property passing to F36Regional, Area or District Health Authorities or special health authorities under sections 23 to 26 of the M4 National Health Service Reorganisation Act 1973 F37, section 92 of the National Health Service Act 1977, section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006 records of property held by a F38Regional, Area or District Health Authority or special health authority under section 21 or 22 of the said Act 1973F39, section 90 or 91 of the National Health Service Act 1977, section 218 of the National Health Service Act 2006 or paragraph 8 of Schedule 6 to that Act, or paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006 F40records of trust property passing to F197the National Health Service Commissioning Board, a clinical commissioning group, a F41Strategic Health Authority, Health Authority, Special Health Authority or Primary Care Trust by virtue of the Health Authorities Act 1995 F42, under section 213 of the National Health Service Act 2006 or section 161 of the National Health Service (Wales) Act 2006,F198or section 300 of the Health and Social Care Act 2012 or held by F199 the National Health Service Commissioning Board, a clinical commissioning group orF43a Strategic Health Authority or a Health Authority under section 90 or 91 of F44the National Health Service Act 1977, section 218 of the National Health Service Act 2006, paragraph 12 of Schedule 2 to, or paragraph 8 of Schedule 6 to, that Act, or F200by virtue of section 2 and section 13X of, or paragraph 20 of Schedule 1A to, that Act, or under paragraph 8 of Schedule 5 to the National Health Service (Wales) Act 2006. F45. . . |
Home Office | Office of Commissioner of Police of the Metropolis. Office of Receiver for the Metropolitan Police District. |
F46Department of Employment | National Dock Labour Board. National Institute of Houseworkers Limited. Wages Boards and Wages Councils. |
F47Department of Social Security | National Insurance Advisory Committee. Industrial Injuries Advisory Council. F48Attendance Allowance Board. National Insurance and Industrial Injuries Joint Authorities. Workmen’s Compensation Supplementation Board. Pneumoconiosis and Byssinosis Benefit Board. F49. . . F50. . . |
F51Department of Transport | Air Transport Advisory Council. Air Registration Board. F52Airworthiness Requirements Board, Civil Aviation Authority. F53Strategic Rail Authority. |
F54Ministry of Justice | F55Legal Aid Board F206... |
OTHER ESTABLISHMENTS AND ORGANISATIONS
F56...
Anglo-Egyptian Resettlement Board.
F57Armouries
F58Arts and Humanities Research Council.
F59The Big Lottery Fund.
F60The Board of the Pension Protection Fund.
F61The Board of Trustees of the National Museums and Galleries on Merseyside.
F62British Coal Corporation
F63British Council.
British Museum (including the Natural History Museum).
F64Care Council for Wales.
F65The Care Quality Commission F195and the Healthwatch England committee.
Catering Wages Commission.
F66Central Police Training and Development Authority
F67Child Maintenance and Enforcement Commission.
F193...
F68Civil Nuclear Police Authority.
F69Coal Authority
Coal Industry Social Welfare Organisation.
F70Commission for Architecture and the Built Environment.
F71The Commission for Equality and Human Rights.
F72...
F73...
F74Commission on Industrial Relations
F75Commission for Patient and Public Involvement in Health.
F76Commission for Rural Communities.
F77...
F78The Committee on Climate Change.
F185 The company that was nominated under section 62 of the Postal Services Act 2000 (reorganisation of the Post Office: transfer of property etc to nominated company).
F79Competition Commission.
F80Competition Service
F181Compliance Officer for the Independent Parliamentary Standards Authority.
F81...
F82Consumer Council for Water.
F201...
F83...
F84Criminal Cases Review Commission
F85Crown Agents for Overseas Governments and Administrations (before and after their reconstitution as a body corporate) except when acting for governments or authorities outside Her Majesty’s dominions.
F86Crown Agents Holding and Realisation Board.
F88...
F89A development agency established under section 1 of the Regional Development Agencies Act 1998.
Development Commission.
F90Director of Fair Access to Higher Education
F91...
F92Economic and Social Research Council.
F93Electoral Commission.
F94. . .
F95Engineering and Physical Sciences Research Council.
F96...
F97The Environment Agency
F99Further Education Funding Council for England.
F100...
F207Gangmasters Licensing Authority
F81...
F101General Social Care Council.
F192...
F102General Teaching Council for Wales.
F99Higher Education Funding Council for England.
F103...
F104Historic Buildings and Monuments Commission for England
F105The Homes and Communities Agency.
F106Human Tissue Authority.
Imperial War Museum.
F107The Independent Parliamentary Standards Authority.
F108Information Commissioner.
F109Infrastructure Planning Commission.
Irish Sailors’ and Soldiers’ Land Trust.
F180...
F110The Legal Services Board.
F111The Legal Services Consultative Panel.
F187...
F112Local Better Regulation Office.
F179Local Government Boundary Commission for England.
London Museum.
F113The Lord Chancellor’s Advisory Committee on Legal Education and Conduct
F114. . .
F173The Marine Management Organisation.
F115Medical Research Council.
F116...
F119National Audit Office
F72...
F120. . .
F121The National Consumer Council.
National Gallery.
F116...
F122National Lottery Commission.
National Maritime Museum.
F96...
F123National Policing Improvement Agency.
National Portrait Gallery.
National Savings Committee.
F124Natural England.
F125Natural Environment Research Council.
F126...
F116...
F127Nuclear Decommissioning Authority.
F128Occupational Pensions Regulatory Authority.
F183Office for Budget Responsibility.
F129Office of Communications.
F130...
F131Office of Fair Trading.
F176The Office of the Health Professions Adjudicator.
F132The Office for Legal Complaints.
F188...
F133Olympic Delivery Authority.
F134Olympic Lottery Distributor.
F135The Ombudsman for the Board of the Pension Protection Fund.
F177Passengers’ Council.
F136Pensions Compensation Board.
F137Pensions Ombudsman.
F138The Pensions Regulator.
F205...
F139Police Information Technology Organisation
F184....
F184...
F185A Post Office company within the meaning of Part 1 of the Postal Services Act 2011.
F202The Professional Standards Authority for Health and Social Care
F190...
F140...
F141Rail Passengers’ Committees.
F178...
Remploy Limited.
F142Royal Botanic Gardens, Kew
Royal Greenwich Observatory.
F185A Royal Mail company within the meaning of Part 1 of the Postal Services Act 2011.
F145Science Museum
F146Security Industry Authority.
F147Serious Organised Crime Agency.
F148...
F149...
F150The Simpler Trade Procedures Board.
F194Social Mobility and Child Poverty Commission
Tate Gallery.
F151...
F152Technology Strategy Board.
F153Traffic Director for London
F189...
F154. . .
F182The trustee corporation established by section 75 of the Pensions Act 2008.
Trustee Savings Banks Inspection Committee.
United Kingdom Atomic Energy Authority.
University Grants Committee.
F155Valuation Tribunal Service.
F156Victoria and Albert Museum
Wallace Collection.
War Works Commission.
F191...
Any body established for the purpose of determining the boundaries of constituencies of the Parliament of the United Kingdom, or of local authorities in England F157....
F1583A
1
Her Majesty may by Order in Council amend the Table at the end of paragraph 3 of this Schedule by adding to either Part of the Table an entry relating to any body or establishment—
a
which, at the time when the Order is made, is specified in Schedule 2 to the Parliamentary Commissioner Act 1967 (departments, etc. subject to investigation), or
b
in respect of which an entry could, at that time, be added to Schedule 2 to that Act by an Order in Council under section 4 of that Act (which confers power to amend that Schedule).
2
An Order in Council under this paragraph may relate to a specified body or establishment or to bodies or establishments falling within a specified description.
3
An Order in Council under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Records of courts and tribunals
4
1
Subject to the provisions of this paragraph, records of the following descriptions shall be public records for the purposes of this Act:—
F159za
records of the Supreme Court;
a
records of, or held in any department of, the Supreme Court (including any court held under a commission of assize);
b
records of county courts and of any other superior or inferior court of record established since the passing of the M5County Courts Act 1846;
F160c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
records of courts of quarter sessions:
e
records of magistrates’ courts;
f
records of coroners’ courts;
F161fa
records of the Court Martial, the Summary Appeal Court or the Service Civilian Court;
g
records of courts-martial held whether within or outside the United Kingdom by any of Her Majesty’s forces raised in the United Kingdom;
h
records of naval courts held whether within or outside the United Kingdom under the enactments relating to merchant shipping;
i
records of any court exercising jurisdiction held by Her Majesty within a country outside Her dominions;
j
records of any tribunal (by whatever name called)—
i
which has jurisdiction connected with any functions of a department of Her Majesty’s Government in the United Kingdom; or
ii
which has jurisdiction in proceedings to which such a government department is a party or to hear appeals from decisions of such a government department;
F174ja
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
k
records of F162. . . any Rent Tribunal or Local Valuation Court;
l
records of the Industrial Court, of the Industrial Disputes Tribunal, and of the National Arbitration Tribunal (which was replaced by the Industrial Disputes Tribunal);
m
n
F175nn
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
o
records of such other courts or tribunals (by whatever name called) as the Lord Chancellor may by order contained in a statutory instrument specify.
F1631A
Records of, or held in any department of, the Supreme Court within sub-paragraph (1)(a) of this paragraph include the records of the Chancery Court of the county palatine of Lancaster and the Chancery Court of the county palatine of Durham (which were abolished by the Courts Act 1971).
1B
Records of county courts within sub-paragraph (1)(b) of this paragraph include the records of the following courts (which were abolished by the Courts Act 1971)—
a
the Tolzey and Pie Poudre Courts of the City and County of Bristol;
b
the Liverpool Court of Passage;
c
the Norwich Guildhall Court; and
d
the Court of Record for the Hundred of Salford.
2
This paragraph shall not apply to any court or tribunal whose jurisdiction extends only to Scotland or Northern Ireland.
3
In this paragraph “records” includes records of any proceedings in the court or tribunal in question and includes rolls, writs, books, decrees, bills, warrants and accounts of, or in the custody of, the court or tribunal in question.
Records of the Chancery of England
5
Records in Public Record Office
6
Without prejudice to the foregoing provisions of this Schedule, public records for the purposes of this Act shall include—
a
all records within the meaning of the M10Public Record Office Act 1838, or to which that Act was applied, which at the commencement of this Act are in the custody of the Master of the Rolls in pursuance of that Act, and
b
all records (within the meaning of the said Act or to which that Act was applied) which at the commencement of this Act are in the Public Record Office and, in pursuance of the said Act, under the charge and superintendence of the Master of the Rolls, and
Power to add further categories of records and to determine cases of doubt
7
1
Without prejudice to the Lord Chancellor’s power of making orders under paragraph 4 of this Schedule, Her Majesty may by Order in Council direct that any description of records not falling within the foregoing provisions of this Schedule F168and not being Welsh public records (as defined in F169the Government of Wales Act 2006) shall be treated as public records for the purposes of this Act but no recommendation shall be made to Her Majesty in Council to make an Order under this sub-paragraph unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
2
A question whether any records or description of records are public records for the purposes of this Act shall be referred to and determined by the Lord Chancellor and the Lord Chancellor shall include his decisions on such questions in his annual report to Parliament and shall from time to time compile and publish lists of the departments, bodies, establishments, courts and tribunals comprised in paragraphs 2, 3 and 4 of this Schedule and lists describing more particularly the categories of records which are, or are not, public records as defined in this Schedule.
Interpretation
8
It is hereby declared that any description of government department, court, tribunal or other body or establishment in this Schedule by reference to which a class of public records is framed extends to a government department, court, tribunal or other body or establishment, as the case may be, which has ceased to exist, whether before or after the passing of this Act.
F170SECOND SCHEDULE
Sch. 2 repealed (1.1.2005) by 2000 c. 36, ss. 67, 86, 87(3), Sch. 5 Pt. I para. 3, Sch. 8 Pt. III; S.I. 2004/3122, art. 2
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F171THIRD SCHEDULE
Sch. 3 repealed by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 303(2), Sch. 8
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F172FOURTH SCHEDULE
Sch. 4 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
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Act wholly in force at 1.1.1959 see s. 13(3).