Local Government (Wales) Act 1994

60 Records. E+W

(1) Each new principal council shall make and maintain a scheme setting out their arrangements for the proper care, preservation and management of their records.

(2) Each scheme shall include details of any relevant shared arrangements which the council concerned have made.

(3) The council by whom a scheme has been made shall keep the scheme under review and, where they consider that it should be modified, make such adjustments to it as they consider appropriate.

(4) Before making, or modifying, their scheme a new principal council shall consult the Secretary of State and have regard to any advice that he may give.

(5) Where the records of a new principal council relate to the area, or part of the area, of another such council, that other council shall have the right—

(a) to inspect those records at all reasonable times (without payment of any fee); and

(b) to take copies of any of them, in such manner as carries no risk of damage.

(6) The right conferred by subsection (5) is subject to any shared arrangements which affect the records concerned.

(7) In this section—

• “documents” includes records, of whatever form and in whatever medium, which convey or are capable of conveying information;

• “records”, in relation to a council, means any documents which—

  (a)

  belong to the council or of which they have custody; and

  (b)

  have been retained for reference and research purposes or because of their likely historical interest; and

• “shared arrangements”, in relation to a council, means any arrangements which the council have made with any other authority under section 25 of this Act or section 101 of the 1972 Act (arrangements for the discharge of functions by other local authorities).

Modifications etc. (not altering text)

C1 S. 60(4): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1 S. 60 in force at 3.4.1995, see s. 66 and S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5))