Public Records Act 2005

46 Basis for determining access status of local authority records

  • (1) In classifying the access status of a local authority record under section 45, the administrative head of the controlling local authority must consider whether—

    • (a) there are good reasons to restrict public access to the local authority record, having regard to any relevant standard or advice issued by the Chief Archivist; or

    • (b) another enactment requires the local authority record to be withheld from public access.

    (2) If there are no good reasons to restrict public access under subsection (1)(a), or if no enactment requires a local authority record to be withheld from public access, the administrative head of the controlling local authority must classify the record as an open access record.

    (3) However, if there are good reasons to restrict public access under subsection (1)(a), or if another enactment requires a local authority record to be withheld from public access, the administrative head of the controlling local authority must, having regard to any relevant standard or advice issued by the Chief Archivist,—

    • (a) determine whether it is necessary—

      • (i) to restrict public access to the local authority record for a specified period of time (which must not be for a period greater than 25 years); or

      • (ii) to permit public access on conditions; and

    • (b) if paragraph (a)(ii) applies, determine the conditions appropriate for public access.

    (4) Despite subsection (3)(a)(i), the administrative head of the controlling local authority may, if there is good reason to do so, restrict public access to the local authority record for 1 or more further specified periods not exceeding 25 years for each further period.

    (5) At any time, the administrative head of the controlling local authority, having regard to any relevant standard or advice issued by the Chief Archivist, may vary or withdraw a condition imposed under subsection (3)(b).

    (6) A local authority record subject to a restriction under subsection (3)(a)(i) becomes an open access record on the withdrawal of the restriction.

    Section 46(2): amended, on 7 July 2010, by section 4 of the Public Records Amendment Act 2010 (2010 No 79).