EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force (so far as not already in force) section 45(1) of the Constitutional Reform and Governance Act 2010 (c. 25).

Section 45(1)(a) of that Act reduces the period by the end of which public records are required by section 3(4) of the Public Records Act 1958 (c. 51) (“the 1958 Act”) to be transferred to the Public Record Office (which exercises its functions as part of The National Archives) or other place of deposit. In future, transfer will generally be required no later than the end of 20 years from the date on which the record was created, as opposed to 30 years.

Section 45(1)(b) provides that, for a period of 10 years from the date of its commencement, this reduction takes effect subject to any transitional, transitory or saving provision made by order by the Secretary of State under section 45(2) to (5). Particular transitional provision for the purpose of records newly subject to section 45(1) by virtue of this Order is made by The Public Records (Transfer to the Public Record Office) (Transitional and Saving Provisions) Order 2014.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at http://www.nationalarchives.gov.uk/archives-sector/20-year-rule-and-records-of-local-interest.html.