The Public Records (Transfer to the Public Record Office) (Transitional and Saving Provisions) Order 2012

JurisdictionUK Non-devolved

2012 No. 3028

Public Records

The Public Records (Transfer to the Public Record Office) (Transitional and Saving Provisions) Order 2012

Made 5th December 2012

Laid before Parliament 6th December 2012

Coming into force 1st January 2013

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 45(2) and (3) of the Constitutional Reform and Governance Act 20101:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Public Records (Transfer to the Public Record Office) (Transitional and Saving Provisions) Order 2012 and shall come into force on 1st January 2013.

(2) In this Order—

the 1958 Act” means the Public Records Act 19582;

“relevant records” means records which, by virtue of the coming into force for some purposes on 1st January 2013 of section 45(1)(a) (transfer of records to Public Record Office) of the Constitutional Reform and Governance Act 20103and but for this Order, must be transferred in accordance with section 3(4) (selection and preservation of public records) of the 1958 Act not later than 20 years after their creation.

S-2 Transitional provision

Transitional provision

2.—(1) Notwithstanding the coming into force on 1st January 2013 of section 45(1)(a) of the Constitutional Reform and Governance Act 2010, for the period of 10 years beginning on that day the time within which relevant records must be transferred in accordance with section 3(4) of the 1958 Act is that provided for by paragraph (2).

(2) Relevant records created in a year specified in column 1 of the table in the Schedule to this Order shall be transferred not later than the end of the year specified in the corresponding entry in column 2 of that table.

S-3 Saving provision

Saving provision

3. Section 3(4) of the 1958 Act continues to apply as it did immediately before 1st January 2013 in relation to relevant records created in 1983.

McNally

Minister of State

Ministry of Justice

5th December 2012

SCHEDULE

Article 2(2)

Transitional arrangements for transferring relevant records in accordance with the Public Records Act 1958

Column 1

Column 2

1984

2013

1985

2014

1986

2014

1987

2015

1988

2015

1989

2016

1990

2016

1991

2017

1992

2017

1993

2018

1994

2018

1995

2019

1996

2019

1997

2020

1998

2020

1999

2021

2000

2021

2001

2022

EXPLANATORY NOTE

(This note is not part of the Order)

This Order sets out the transitional arrangements that are to apply following the commencement for certain purposes of section 45(1)(a) of the Constitutional Reform and Governance Act 2010.

The commencement of that provision takes effect from 1st January 2013, by virtue of the Constitutional Reform and Governance Act 2010...

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