Public Records (Scotland) Act 1937
| Jurisdiction | UK Non-devolved |
| Citation | 1937 c. 43 |
| Year | 1937 |
Public Records (Scotland) Act, 1937
(1 Edw. 8 & 1 Geo. 6.) CHAPTER 43.
An Act to make better provision for the preservation, care and custody of the Public Records of Scotland, and for the discharge of the duties of Principal Extractor of the Court of Session.
[6th July 1937]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I.
Court Records;
1 High Court and Court of Session records.
(1) The records of the High Court of Justiciary and of the Court of Session shall be transmitted to the Keeper of the Registers and Records of Scotland (hereinafter referred to as the Keeper) at such times, and subject to such conditions, as may respectively be prescribed by Act of Adjournal or Act of Sederunt.
(2) An Act of Adjournal or an Act of Sederunt under the foregoing subsection may fix different times and conditions of transmission for different classes of records and may make provision for re-transmission of records to the Court when such re-transmission is necessary for the purpose of any proceedings before the Court, and for the return to the Keeper of records so re-transmitted as soon as may be after they have ceased to be required for such purpose.
2 Sheriff court records.
(1) It shall be lawful for the Lord President of the Court of Session (hereinafter referred to as the Lord President) on the application of the Keeper and after consultation with the sheriff of any sheriffdom, to make an order directing that such of the sheriff court records of that sheriffdom as may be specified in the order shall be transmitted to the Keeper on or before a date specified therein not being earlier than three months from the date of the order:
Provided that no such order shall apply to any record which is of more recent date than twenty-five years before the date of the order, unless the Lord President is satisfied that adequate provision as regards care, indexing, and availability for consultation cannot otherwise be made.
(2) Where any record transmitted in pursuance of the foregoing subsection to the Keeper is required for the purpose of any proceedings in the High Court of Justiciary, the Court of Session or any sheriff court, the Keeper shall re-transmit such record to the clerk of such court on any order of a judge of the said High Court or Court of Session or of the sheriff as the case may be, and any record so re-transmitted shall be returned by such clerk to the Keeper as soon as may be after it has ceased to be required for the said purpose.
(3) The sheriff of each sheriffdom shall be responsible for the proper care and preservation of the sheriff court records of that sheriffdom which have not been transmitted under subsection (1) of this section to the Keeper and shall, in compliance with any request which the Keeper, with the consent of the Lord President, may from time to time make, cause a report to be prepared and sent by the sheriff clerk to the Keeper, giving such information as may be specified in the request, regarding—
(a ) the nature, situation and condition of all buildings in which any such records are kept;
(b ) the age and condition of such records;
(c ) the arrangements made for their care and preservation, and for indexing them and rendering them available for inspection by the public; and
(d ) any other matters connected with the care and preservation of such records.
(4) In subsections (1) and (3) of this section, the expression ‘sheriff’ does not include ‘sheriff substitute.’
3 Justice of the peace records.
(1) It shall be lawful for the Lord President, on the application of the Keeper, to make an order directing that such of the justice of the peace records of any county as may be specified in the order shall be transmitted to the Keeper on or before a date specified therein not being earlier than three months from the date of the order:
Provided that no such order shall apply to any record which is of more recent date than twenty-five years before the date of the order, unless the Lord President is satisfied that adequate provision as regards care, indexing, and availability for consultation cannot otherwise be made.
(2) The clerk of the peace for any county shall have the custody, and be responsible for the proper care and preservation, of the justice of the peace records of that county which have not been transmitted under subsection (1) of this section to the Keeper, and shall in compliance with any request which the Keeper, with the consent of the Lord President, may, from time to time, make, prepare and send to the Keeper a report giving such information as may be specified in the request regarding—
(a ) the nature, situation, and condition of all buildings in which any such records are kept;
(b ) the age and condition of such records;
(c ) the arrangements made for their care and preservation, and for indexing them and rendering them available for inspection by the public; and
(d ) amy other matters connected with the care and preservation of such records.
Part II.
State, Departmental and Local Authority Records.
4 Certain records to be transferred from the Public Record Office.
4. The documents specified in the First Schedule to this Act, which prior to the passing of this Act have been kept in the Public Record Office, shall, as soon as may be after the passing of this Act, be transmitted by the Master of the Rolls to the Keeper for custody.
5 Provision for transfer of departmental and local authority records to the Keeper.
(1) It shall be lawful for any Government Department, board of trustees, or other body or person having the custody of any records belonging to His Majesty and relating exclusively or mainly to Scotland (other than the documents specified in section four of this Act) to transmit such records to the Keeper:
Provided that no record which is in the charge and superintendence or custody of the Master of the Rolls in pursuance of the Public Record Office Acts, 1838 to 1898, shall be so transmitted without the consent of the Master of the Rolls.
(2) Notwithstanding anything contained in section seventy-eight of the Town Councils (Scotland) Act, 1900 , or in any other enactment it shall be lawful for the town council of any burgh in Scotland, or for any other local authority in Scotland, with the consent of the Keeper, to transmit any of their records to the Keeper for custody:
Provided that nothing in this subsection shall apply to any burgh register of sasines or to any book or public record relating thereto.
(3) Any document transmitted under this section to the Keeper shall be re-transmitted by him to the Department, local authority, body or person from whom it was received, on application to that effect made on the ground that such re-transmission is necessary for the purposes of such Department, local authority, body or person. Any record so re-transmitted shall be returned to the Keeper as soon as may be after it has ceased to be required for the purposes for which it was re-transmitted.
6 Records transmitted by the Master of the Rolls.
6. Any record or document which is, under either of the last two foregoing sections, transmitted to the Keeper by or with the consent of the Master of the Rolls shall cease to be under the charge and superintendence of the Master of the Rolls.
Part III.
General.
7 Advisory Council.
(1) There shall be constituted a Council to be called the Scottish Records Advisory Council, consisting of not more than twelve members, who shall be persons, or representatives of public bodies or societies, interested in the public records of Scotland.
(2) The members of the aforesaid Council shall be appointed by the Secretary of State, shall hold office for three years from the date of their appointment, and shall be eligible for reappointment on expiry of that period: Provided that the Keeper shall be ex officio a member and chairman and convener of the Council.
(3) The aforesaid Council may submit proposals or make representations to the Secretary of State, the Lord Justice General, or the Lord President on questions relating to the public records of Scotland, and in...
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