Constitutional Reform and Governance Act 2010

Constitutional Reform and Governance Act 2010

2010 CHAPTER 25

Commentary on Sections

Part 6: Public Records and Freedom of Information

Section 45: Transfer of records to Public Record Office

307. Section (1)(a) amends subsection 3(4) of the Public Records Act 1958 (“PRA 1958”) to reduce the time within which any public record selected for permanent preservation, and not required for an administrative purpose or other special reason, must be transferred to the Public Record Office or other place of deposit. The period is reduced from 30 years after the creation of the record to 20 years.

308. The remaining provisions of section 45 allow transitional provisions to be made in connection with the reduction of that period from 30 to 20 years. Subsection (1)(b) inserts a new section 3(4A) of the PRA 1958 which provides that, during the 10 years after the commencement of section 45, the amended section 3(4) of the PRA 1958 is to be read subject to any transitional provisions made by order under subsection (2) .

309. Subsection (2) allows the Lord Chancellor, by order, to make transitional arrangements relating to the reduction from 30 to 20 years. Subsection (3) enables any such order to make provision about the time within which particular records must be transferred and to make different provision for records of different descriptions.

310. Subsections (4) and (5) provide that a statutory instrument containing such an order is subject to the negative resolution procedure.