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Act of Adjournal (Consolidation) 1988

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Custody and transmission of records

160.—(1) The records of the High Court of Justiciary specified in Column (1) of Form 87 of Schedule 1 for the periods specified in Column (2) shall, after the Keeper of the Records for Scotland and the Clerk of Justiciary have consulted as to what records or parts thereof may first be destroyed as not being considered to have a value for legal purposes or for historical or other research, be transmitted to the Keeper under arrangements to be agreed between him and the Clerk of Justiciary.

(2) On completion of such transmission, the Clerk of Justiciary and the Keeper shall, at intervals of not less than 5 years nor more than 10 years from the date of the immediately preceding transmission and after similar consultation, arrange for further transmissions of records falling within the categories specified in column (1) of Form 87 for such periods as may be deemed by them to be appropriate.

(3) The Lord Justice General may by order direct that any record comprised in those categories which might otherwise fall to be transmitted to the Keeper in terms of the said arrangements be retained in the custody of the Clerk of Justiciary.

(4) All other records, papers and productions presently in the custody of the Clerk of Justiciary not specified in column (1) of Form 87 shall be retained by him subject to such directions as to disposal, transmission or destruction as may from time to time be issued by the Lord Justice General or Lord Justice Clerk.

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