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The Constitutional Reform and Governance Act 2010 (Commencement No. 7) Order 2012

Consolidated Text Cited authorities 16 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2012/3001
Year2012

2012 No. 3001 (C. 119)

Public Records

Freedom Of Information

The Constitutional Reform and Governance Act 2010 (Commencement No. 7) Order 2012

Made 29th November 2012

The Secretary of State makes the following Order in exercise of the powers conferred by section 52(2) of the Constitutional Reform and Governance Act 20101:

S-1 Citation and interpretation

Citation and interpretation

1.—(1) This Order may be cited as the Constitutional Reform and Governance Act 2010 (Commencement No. 7) Order 2012.

(2) In this Order, “the 2010 Act” means the Constitutional Reform and Governance Act 2010.

S-2 Provisions of the 2010 Act coming into force on the day after the day on which this Order is made

Provisions of the 2010 Act coming into force on the day after the day on which this Order is made

2. The following provisions of the 2010 Act shall come into force on the day after the day on which this Order is made—

(a) section 45(2) to (5) (transfer of records to Public Record Office); and

(b) section 46(2) to (5) (freedom of information).

S-3 Provisions of the 2010 Act coming into force on 1st January 2013

Provisions of the 2010 Act coming into force on 1st January 2013

3.—(1) The following provisions of the 2010 Act shall come into force on 1st January 2013—

(a)

(a) section 45(1), except for the purpose specified in paragraph (2); and

(b)

(b) section 46(1) and Schedule 7 (amendments of Freedom of Information Act 2000), so far as they are not already in force.

(2) The purpose referred to in paragraph (1)(a) is the transfer in accordance with section 3(4) of the Public Records Act 19582of records of a description set out in the Schedule to this Order.

Tom McNally

Minister of State

Ministry of Justice

29th November 2012

SCHEDULE

Article 3(2)

Descriptions of Records

Records of a prison, remand centre, secure training centre or young offender institution.

Records of a coroner’s court.

Records of the Environment Agency, except board minutes or records which relate to the formulation or development of policy governing the work of the Environment Agency.

Records of a Family Practitioner Committee for localities in England.

Records of a Family Practitioner Committee for localities in Wales.

Records of the Forestry Commission, except board minutes or records which relate to the formulation or development of policy governing the work of the Forestry Commission.

Records of a health service hospital within the meaning of the National Health Service Act 19773, in England.

Records of a health service hospital within the meaning of the National Health Service (Wales) Act 20064.

Records of the Homes and Communities Agency that were formerly records of the Commission for New Towns or the Urban Regeneration Agency, except board minutes or records which relate to the formulation or development of policy governing the work of the Commission for New Towns or the Urban Regeneration Agency.

Records of a magistrates’ court.

Records of the Maritime and Coastguard Agency.

Records of a National Health Authority including a Primary Care Trust, a National Health Service trust and a NHS foundation trust other than local health authorities and 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.

Records of a National Health Authority 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.

Records of Natural England, except board minutes or records which relate to the formulation or development of policy governing the work of Natural England.

Records of any Rent Tribunal or Local Valuation Court.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force sections 45 (for specified purposes) and (so far as not already in force) 46 of, and Schedule 7 to, the Constitutional Reform and Governance Act 2010 (c. 25)(“the 2010 Act”).

Section 45(1)(a) of the 2010 Act reduces the period by the end of which public records are required by section 3(4) of the Public Records Act 1958 (c. 51)(“the 1958 Act”) to be transferred to the Public Record Office (which exercises its functions as part of The National Archives) or other place of deposit. In future, transfer will generally be required no later than the end of 20 years from the date on which the record was created, as opposed to 30 years. Section 45(1)(b) provides that, for a period of 10 years from the date of its commencement, this reduction takes effect subject to any transitional, transitory or saving provision made by order by the Secretary of State under section 45(2) to (5).

Article 3(1)(a) brings section 45(1) into force from 1st January 2013, except for the purposes of transferring records of a type specified in the Schedule to this Order. The specified records remain subject to the obligation to transfer...

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