Local Government (Records) Act 1962

2 Acquisition and deposit of records. E+W

(1) A local authority to which this subsection applies may—

(a) by agreement acquire by way of purchase records which, or (in the case of a collection) the majority of which, appear to the authority to be of local interest;

(b) accept the gift of records which, or (in the case of a collection) the majority of which, appear to the authority to be of general or local interest.

(2) A local authority to which this subsection applies may accept the deposit of records—

(a) which appear to the authority to be of general or local interest; or

(b) which are the subject of an arrangement made under subsection (4) below.

(3) A local authority may accept the deposit of records authorised to be deposited with it by any enactment other than this section.

(4) A local authority other than a parish council or parish meeting may arrange to deposit any records under its control with an authority to which subsections (1) and (2) above apply or, if [F1 the Secretary of State] consents, with any other person.

(5) Where by virtue of this section records are under the control of a local authority in relation to which a provision of the following sections applies, namely, [F2 section two hundred and twenty four of the M1 Local Government Act 1972], F3 ... (which sections regulate the custody of certain records) that provision shall apply as respects those records notwithstanding that apart from this subsection it would not so apply.

[F4 (6) Subsections (1) and (2) above apply to the council of every country, [F5 county borough,] metropolitan district or London borough [F6 to the Common Council of the City of London,] [F7 to the London Fire Commissioner,] F8 ... F9 ..., to a joint authority established by Part IV of the Local Government Act 1985 [F10 , to an authority established under section 10 of that Act (waste regulation and disposal authorities) ] [F11 , to an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, to a combined authority established under section 103 of that Act [F12 , to a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023]] and to the council of any non-metropolitan district specified in an order made in that behalf by the Secretary of State.]

[F13 (7) In the application of this section to the Common Council of the City of London ’local interest’ shall be construed as if the area of the Council included the whole of Greater London.]

Textual Amendments

F1 Words substituted by virtue of S.I. 1965/319, arts. 2(1), 10(1), Sch. I Pt. I and S.I. 1970/1681, arts. 2(1), 6(3)

F2 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)

F3 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F4 S. 2(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 16, Sch. 8 para. 22(1)

F5 Words inserted (1.4.1996) after the word “county,” by virtue of 1994 c. 19, s. 66(6), Sch. 16 para. 20(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F6 Words in s. 2(6) inserted by S.I. 1986/148, art. 18(2)(a)

F7 Words in s. 2(6) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 21; S.I. 2018/227, reg. 4(c)

F8 Words in s. 2(6) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 80; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 17)

F9 Words in s. 2(6) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13

F10 Words in s. 2(6) inserted by S.I. 1990/1765, art. 4(1)(a)

F11 Words in s. 2(6) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 3(2); S.I. 2009/3318, art. 2

F12 Words in s. 2(6) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 4 (with s. 247)

F13 S. 2(7) inserted by S.I. 1986/148, art. 18(2)(b)

Modifications etc. (not altering text)

C1 Reference to parish council or parish meeting to be construed (W.) as reference to community council: Local Government Act 1972 (c. 70), s. 179(4)(b)

Marginal Citations

M1 1972 c. 70.