An Act to amend the law relating to the functions of local authorities with respect to records in written or other form.
[1st August 1962]
Modifications etc. (not altering text)
C1Act amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(b)
C2Act extended (5.7.1994) by 1994 c. 19, s. 39, Sch. 13 para. 20(c)(with s. 54(5)(7), 55(7), Sch. 17 paras. 22(1), 23(2))
Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
C3Act applied (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 21(1)
C4Act applied (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), art. 21(1)
Commencement Information
I1Act wholly in force at 1.10.1962, see s. 9(3).
(1)A local authority may do all such things as appear to it necessary or expedient for enabling adequate use to be made of records under its control, and in relation to such records may in particular—
(a)make provision for enabling persons, with or without charge and subject to such conditions as the authority may determine, to inspect the records and to make or obtain copies thereof;
(b)prepare, or procure or assist in the preparation of, indexes and guides to and calendars and summaries of the records;
(c)publish, or procure or assist in the publication of, the records or any index or guide to or calendar or summary of the records;
(d)hold exhibitions of the records and arrange for the delivery of explanatory lectures, with or without charging for admission to such exhibitions or lectures;
(e)direct that the records be temporarily entrusted to other persons for exhibition or study.
(2)Nothing in subsection (1) above shall be taken to authorise the doing of any act which infringes copyright or contravenes conditions subject to which records are under the control of a local authority.
(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 [F1the 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, [F2section two hundred and twenty four of the M1Local 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, [F5county borough,] metropolitan district or London borough [F6to the Common Council of the City of London,] [F7to 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
F1Words 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)
F2Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)
F3Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
F4S. 2(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 16, Sch. 8 para. 22(1)
F5Words 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
F6Words in s. 2(6) inserted by S.I. 1986/148, art. 18(2)(a)
F7Words 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)
F8Words 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)
F9Words in s. 2(6) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13
F10Words in s. 2(6) inserted by S.I. 1990/1765, art. 4(1)(a)
F11Words 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
F12Words 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)
F13S. 2(7) inserted by S.I. 1986/148, art. 18(2)(b)
Modifications etc. (not altering text)
C5Reference 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
Textual Amendments
F14S. 3 repealed by Local Government Act 1972 (c. 70), Sch. 30
(1)A local authority may contribute a sum equal to the whole or a part of any such expenses as the following, that is to say—
(a)as respects records under the authority’s control, expenses which have been incurred by any person in doing, by arrangement with the authority, anything relating to the records which the authority itself was empowered to do;
(b)as respects records not under the authority’s control, being records which in the opinion of the authority are nevertheless of local interest,—
(i)expenses which have been incurred by any person in doing any such thing relating to the records as the authority is empowered by subsection (1) of section one above to do in relation to records under its control;
(ii)expenses which have been incurred by any person in looking after the records in a case where the authority are of opinion that reasonable provision is made for enabling persons to inspect and make copies of them.
(2) . . . F15
Textual Amendments
Where at the commencement of this Act there is in force—
(a)in a county borough a local Act the Bill for which was promoted by the council of the borough, or
(b)in a county or county district a local Act the Bill for which was promoted either by the council of the county or by the council of the county district,
and the said local Act contains provisions appearing to [F16the Secretary of State] either to be inconsistent with any of the provisions of this Act, or to be redundant having regard to any of the provisions of this Act, [F16the Secretary of State] on the application of the council by which the said Bill was promoted may by order make such alterations, whether by amendment or repeal, in the local Act as appear to him to be necessary for the purpose of bringing its provisions into conformity with the provisions of this Act, or for the purpose of removing redundant provisions, as the case may be.
Textual Amendments
F16Words substituted by virtue of S.I. 1965/319, arts. 2(1), 10(1) Sch. I Pt. I and 1970/1681, arts. 2(1), 6(3)
(1)Any power to make orders conferred by this Act shall be exercisable by statutory instrument; and any instrument containing an order made under section five thereof shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2)Any order made under subsection (6) of section two of this Act may be varied or revoked by a subsequent order made thereunder.
(1)Subsection (4) of section one hundred and forty-four A of the M2Law of Property Act 1922, and subsection (2) of section thirty-six of the M3Tithe Act 1936 (which respectively empower the Master of the Rolls to direct the transfer to the Public Record Office, or to a public library or museum or historical or antiquarian society, of manorial documents and copies of instruments of apportionment) shall apply in relation to a local authority as they apply in relation to a public library and the governing body of a public library.
(2) . . . F17
Textual Amendments
Marginal Citations
(1)In this Act—
“local authority” means the council of a county, [F18county borough,] F19... [F20London borough] or county district, [F21the Broads Authority] [F22the Common Council of the City of London], [F23the London Fire Commissioner,] F24... F25[F26..., or a joint authority established by Part IV of the Local Government Act 1985 [F27or an authority established under section 10 of that Act (waste regulation and disposal authorities),] [F28or an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 or a combined authority established under section 103 of that Act [F29, or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023]],], F30... or a parish council or parish meeting, or the Council of the Isles of Scilly;
“records” means materials in written or other form setting out facts or events or otherwise recording information.
(2)For the purposes of this Act records shall be treated as being under the control of a local authority if they are in the possession of the authority by virtue of section two of this Act or otherwise, or if the authority has power to give directions as to their custody.
Textual Amendments
F18Words in s. 8(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 20(2) (with s. 54(5)(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F19Words repealed by Local Government Act 1972 (c. 70), Sch. 30
F20Words substituted by London Government Act 1963 (c. 33), Sch. 17 para. 27(b)
F21Words in s. 8(1) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 27(2), Sch. 6 para. 4
F22Words in s. 8(1) inserted by S.I. 1986/148, art. 18(2)(c)
F23Words in s. 8(1) 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. 22; S.I. 2018/227, reg. 4(c)
F24Words in s. 8(1) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 81; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 18)
F25Words in s. 8(1) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13
F26Words in s. 8(1) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 39(b)
F27Words in s. 8(1) inserted by S.I. 1990/1765, art. 4(1)(b)
F28Words in s. 8(1) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 3(3); S.I. 2009/3318, art. 2
F29Words in s. 8(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 5 (with s. 247)
F30Words in s. 8(1) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(3), Sch. 17
Modifications etc. (not altering text)
C6Reference 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)
(1)This Act may be cited as the Local Government (Records) Act 1962.
(2)Save as otherwise expressly provided by this Act, the provisions thereof are without prejudice to any provision relating to records made by or under any other Act (including a local Act) or Measure.
(3)This Act shall come into operation on the expiration of the period of two months beginning with the date of its passing.
(4)This Act shall not extend to Scotland or Northern Ireland.