Public Records Act 2005

Protected records of local authorities

40 Protected records of local authorities
  • (1) The Chief Archivist may, by notice in the Gazette made after consultation with any local authority concerned, declare that a local authority record is a protected record for the purposes of this Act.

    (2) A local authority must provide for the adequate protection and preservation of a protected record it holds, in accordance with any applicable standards or instructions issued by the Chief Archivist.

    (3) A local authority must not dispose of a protected record unless the administrative head of the local authority has—

    • (a) given written notice to the Chief Archivist of his or her intention to dispose of the protected record; and

    • (b) identified the protected record concerned; and

    • (c) specified how he or she intends to dispose of the protected record.

    (4) Not later than 3 months after receiving written notice under subsection (3), the Chief Archivist must—

    • (a) direct the local authority in writing to transfer the protected record to the control of the Chief Archivist, subject to conditions (if any) agreed by the administrative head of the local authority and the Chief Archivist; or

    • (b) authorise the disposal of the protected record identified under subsection (3)(b).