Record-keeping

Records are included in legislation relating to a wide range of local authority functions, which require certain records to be created and kept. However, record keeping as a distinct local authority function was first identified in the Local Government (Scotland) Act 1973 which transferred records of functions to the local authority responsible for that function[1]. Before its implementation in 1975 some authorities, such as the cities of Glasgow, Edinburgh and Dundee, had already appointed city archivists. Records of parish councils and parochial boards and all other county records (which in some cases had simply been abandoned in storage, or destroyed, since the local government reorganisation of 1929) were transferred to the regional or islands councils[2]. Where two or more authorities inherited records then the records were to be vested in the authority with the larger population.[3] Local authorities were permitted to transfer records to the Keeper of the Records of Scotland and to transfer records between regional and district councils, effectively enabling either tier to run an archives service.[4] Local authorities were permitted to allow persons to inspect the records, ‘with or without charge’.[5] Local authorities were also required to ‘make proper arrangements’ for records in their custody and permitted to dispose of records no longer required.[6]

The Local Government (Access to Information) Act 1985 amended the 1973 Act by inserting additional clauses in section 50 to enable inspection of documents before and after meetings and inserting Schedule 7A which listed exemptions to this right of access to information.[7]

The Local Government etc (Scotland) Act 1994 replaced the 1973 provisions.[8] The records were treated as property and transferred to the new councils.[9] Local authorities were required to ‘make proper arrangements’ for records, to consult the Keeper and ‘have regard to any comments which he may make on the proposed arrangements or changes’.[10] Local authorities could make arrangements with another local authority to provide the service but were required to consult the Keeper before agreeing any such joint or alternative arrangements. Local authorities were also entitled to dispose of records considered ‘not worthy of preservation’.

Under the 1994 Act, where records relating to a function of one authority were held by another authority, there was an entitlement to free access and free copies but also an entitlement to claim costs for the preservation and management of the records. [11]

The1994 Act also provided for public access to the records, covering the main functions of a public archives service.[12] Local authorities could make arrangements for persons to inspect the records ‘with or without charge’, catalogue, exhibit, give lectures, lend records temporarily and acquire other records by purchase or gift and accept deposits, all of ‘general or local interest’.

The records provisions in the 1994 Act applied to all records held by the local authority. Inspection of current records held by other services or departments (for example building warrants) can attract a charge under other legislation and the phrase ‘with or without charge’ enables such charging to be lawful. However, the right to charge for access has to be balanced by the requirements to provide information under the Freedom of Information (Scotland) Act and the Environmental Information Regulations.[13]

The three subsections of the 1994 Act requiring ‘proper arrangements’ were repealed by the Public Records (Scotland) Act 2011 and replaced by the requirement that ‘Authorities must have regard to the guidance issued by the Keeper in preparing their records management plan for agreement with the Keeper’.[14]

The Public Records (Scotland) Act 2011 required public authorities (including local authorities) to develop a records management plan (RMP), submit the RMP for agreement by the Keeper of the Records of Scotland and then manage its records in accordance with the RMP. The plan must include provision for archiving, destruction and other disposal of records, as well as information security and must take account of the Keeper’s guidance. The Keeper’s guidance was to be formal guidance, generally applicable and subject to consultation before publication, instead of the individual guidance envisaged in s53(1)-(3) of the 1994 Act which were consequently repealed. The Keeper can return an authority’s RMP if it does not set out ‘proper arrangements’ and states that ‘What constitutes ‘proper arrangements’ is in any case for the Keeper to determine’.[15] The Keeper has issued formal guidance on the RMP and on Proper Arrangements.[16]

Compiler: Elspeth Reid (2021)

Bibliography

Anderson, Peter, ‘The Evolution of Local Authority Archives 1960-90’ Scottish Local History 39 (1997) pp. 9-15

Flett, Iain, ‘The Genealogy of Archives; root and branch of the tree of administration’ Scottish Archives 4 (1998) pp. 6-10

Flett, Iain, ‘Scottish Local Government Archives in the New Millenium: modernity and majesty or meltdown and mediocrity?’ Scottish Archives 6 (2000) pp.17-23

Livingston, M., The public records of Scotland (HM General Register House, 1905)

Longmore, Bruno, ‘The Public Records (Scotland) Act 2011: creating a culture that values public records’ Journal of the Society of Archivists 34.2 (2013) pp. 248-62

Scottish Record Office, Guide to the National Archives of Scotland (HMSO, 1996)

Thomson, J. Maitland, The public records of Scotland (Maclehose, Jackson and Co, 1922)

References

[1] Local Government (Scotland) Act 1973 (c.65) s.200.

[2] Local Government (Scotland) Act 1973 (c.65) s.200 (2) & (3).

[3] Local Government (Scotland) Act 1973 (c.65) s.200 (4).

[4] Local Government (Scotland) Act 1973 (c.65) s.200 (8) & (9).

[5] Local Government (Scotland) Act 1973 (c.65) s.200 (10).

[6] Local Government (Scotland) Act 1973 (c.65) s.200 (7).

[7] Local Government (Access to Information) Act 1985 (c.43).

[8] The Local Government etc (Scotland) Act 1994, (c.39) s.55-56.

[9] The Local Government etc (Scotland) Act 1994, (c.39) s.15 (7).