Public Records (Scotland) Act 2011
| Jurisdiction | Scotland |
| Citation | 2011 asp 12 |
prepare a plan (a “records management plan”) setting out proper arrangements for the management of the authority's public records,submit the plan to the Keeper for agreement, andensure that its public records are managed in accordance with the plan as agreed with the Keeper.the individual who is responsible for management of the authority's public records, and(if different) the individual who is responsible for ensuring compliance with the plan, andthe procedures to be followed in managing the authority's public records,maintaining the security of information contained in the authority's public records, andthe archiving and destruction or other disposal of the authority's public records.(3) An authority's records management plan may make different provision for the management of different kinds of public records (taking account, for example, of the different levels of risk associated with the management of different kinds of records) .(4) The Keeper must issue guidance to authorities about the form and content of records management plans.(5) The Keeper may issue different guidance under subsection (4) in relation to different authorities.such authorities as the Keeper considers will be affected by the guidance, andsuch other persons (if any) as the Keeper considers appropriate, andhave regard to any views expressed in response to the consultation.(7) Authorities must have regard to the guidance issued by the Keeper in preparing their records management plans for agreement with the Keeper.must, if the Keeper so requires, ormay, with the Keeper's agreement,must, if the Keeper so requires, ormay, with the Keeper's agreement,(1) The authorities to which this Part applies are the bodies, office-holders and other persons listed, or of a description listed, in the schedule.a body, office-holder or other person, ora description of bodies, office-holders or other persons,removing an entry listed in it, ormodifying an entry listed in it.a part of the Scottish Administration,a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998 (c.46) ) , ora publicly owned company.the Scottish Ministers, oranother authority.the Scottish Ministers or other companies that are wholly owned by the Scottish Ministers, orpersons acting on behalf of the Scottish Ministers or of such other companies,the authority or other companies that are wholly owned by the authority, orpersons acting on behalf of the authority or of such other companies.(6) In this section, “company” includes any body corporate.include consequential, supplementary, incidental, transitional, transitory or saving provision,modify any enactment.(8) An order under subsection (2) is not to be made unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.records created by or on behalf of the authority in carrying out its functions,records created by or on behalf of a contractor in carrying out the authority's functions,records created by any other person that have come into the possession of the authority or a contractor in carrying out the authority's functions.(2) In subsection (1) “contractor”, in relation to an authority, means a person to whom functions of the authority are delegated (whether under a contract or otherwise) by the authority.(1) An authority must submit its proposed records management plan to the Keeper for agreement by such date as the Keeper may determine.(2) The proposed plan is to be submitted in such form and manner as the Keeper may determine.agree it, orif the Keeper considers that it does not set out proper arrangements for the management of the authority's public records, return it.(4) What constitutes “proper arrangements” in any case is for the Keeper to determine.the guidance issued by the Keeper under section 1(4) ,the model records management plan published under section 8,the nature of the authority and its public records, andany representations made by the authority.that the Keeper is considering returning the proposed plan, andof the reasons for doing so,give the authority an opportunity to make representations, andhave regard to any representations made by the authority.must state reasons for the return, andmay propose modifications to the proposed plan, andthe authority
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