SUMMARY OF PROPOSED ARCHIVE LEGISLATION

Introduction

Our thinking has been affected by two main considerations:

  1. The statement in the Scottish National Archives Policy submitted to you as Secretary of State on 7 Jan. 1999, that:
    'a civilised society, concerned to uphold the rights of the citizen, to encourage efficient administration and to ensure that its history is accessible to all, should make provision for its archives to be preserved and made available for consultation'.
    Preservation and access are thus the key themes.

  2. As noted in our report, we have consulted very widely with representatives of public and professional bodies within Scotland. Although practical suggestions have varied, there is an overwhelming recognition of the need for new archive legislation.

We therefore recommend an entirely new Act to provide a suitable framework of archive administration for Scottish public bodies with money to match. We firmly believe that Scotland, having outgrown its existing scrappy and uneven provision for archives, now deserves no less.

1. New Scottish Archive Legislation

Scotland needs new archive legislation. The law governing public archives is patchy, scattered and often outdated. It does not apply to some public bodies and in parts of Scotland it has failed to deliver a reliable local archive service. Valuable archive material is being neglected, or lost, or is inaccessible. Public demand for access to archive material of many kinds is growing and cannot always be satisfied. New legislation on Freedom of Information will make this lack even more apparent.

We therefore propose a Scottish Bill to provide for a clearly defined structure of public archives in Scotland, both national and local, working to professional standards of archive preservation and access. The Bill should have six main purposes:-

  1. to provide for the existence, duties and powers of the National Archives of Scotland.
  2. To provide for the existence, duties and powers of the Keeper of the Records of Scotland
  3. To provide for the existence, duties and powers of the Scottish Archives Council.
  4. To place a duty on all public bodies to take proper care of their records.
  5. To place a duty on all public bodies to enable access to public records.
  6. To provide assistance for private archives.

2. The National Archives of Scotland

The National Archives of Scotland (previously the Scottish Record Office), already exists. The Bill should recognise and define its status as the institution responsible for the custody and care of the public records of Scotland (especially the records of the Scottish Parliament, government departments and the courts) and to provide for its proper funding and other financial matters. Other powers with regard to, inter alia, receiving, transferring and giving access to public records will be required, and similar powers in respect of private archives.

3. The Keeper of the Records of Scotland

The Bill will have to define the status, powers and responsibilities of the Keeper as chief executive of the National Archives and his/her responsibilities to officers of state, law officers and the Lord President. The Keeper should be suitably empowered to regulate and advise on record keeping by public bodies covered by the Bill with power to require custodians of archives to draw up policies for archive administration, stressing their policies for preservation and access. The Keeper's powers should include the ability to disburse money for the furtherance of good record keeping, public and private. The Keeper should also have certain obligations regarding the preservation of records and archives and to advise bodies covered by this Bill on any aspects of archive practice.

4. The Scottish Archives Council

This is a modern and more independent version of the present Scottish Records Advisory Council. Its functions are to advise the First Minister on archival matters, to recommend and promote policy on archival issues in a national context, to provide a forum for the governing bodies of archive services, to set standards for archive services and to arbitrate in disputes amongst collecting bodies. We propose that it should have a convener and 14 members chosen with regard to the interests of archive holders, creators, owners, and users and to include others with relevant qualifications and experience. It should have the power to receive and disburse funds.

5. Public Bodies and their Records

By 'public body' we mean a body discharging a public function, or whose activities are legislated for, or regulated by, or financed by the Scottish Parliament or other public authority in Scotland. This definition covers, in particular, local authorities, National Health Service authorities and universities.

We propose that local authorities and National Health Service authorities be required to submit schemes for the proper management and preservation of their records and, subject to reasonable confidentiality, to provide for public access to records. They should have power to recover alienated records, to receive and care for appropriate private archives.

Many of the Scottish universities already have good archives. To provide consistent standards in future, we propose a similar general obligation on universities to make proper provision for their records and to have a properly qualified archivist.

The Keeper of Records of Scotland already has certain powers in relation to public bodies. We propose that these should continue and be strengthened in certain ways.

6. Private Archives

Many private archives are already deposited with public authorities. Others are not, but we see no reason to change that situation so long as they can be properly cared for in private hands. We therefore propose that the Keeper should continue to be able to assist private archives with advice, practical help with, for example, conservation and with money. In exchange for such help, reasonable access would be expected.

7. Finance

Local

We strongly recommend that in future archive keeping and management should be recognised as routine activities of all public bodies and that the costs should be specifically allowed for in their budgets.

Much of what we propose is a thorough codification and clarification of existing law and practice. But our proposals will have an impact especially on local authorities which do not already have an adequate archive service, on most health authorities and probably on some universities. There will therefore be financial consequences. Standards may be defined as minimal or optimal depending on the size of the archive and its potential clientele, and costings can be provided. However, we assume that smaller public bodies with no tradition of archive administration may well find it expedient either to join in a co-operative venture, or to establish a contract with an existing archive. Examples of both practices are currently in operation.

Central

It has been represented to us very widely within the archives community that a body disbursing central funding, in the same manner as the Museums Council, would have a major impact on standards in archives by encouraging competition for resources. Although our proposals have delegated the overview of the technical standards of archives to the Keeper, under the scrutiny of the National Archives Council, we believe that an investment of public funds via the Council, particularly at the inception of new legislation, would have a substantial effect on public bodies who are currently reluctant to allocate resources for this purpose. It would also encourage pro rata capital investment. This may be particularly necessary in that, whereas a museum is largely a matter for voluntary local action, an archive must exist for legal as well as heritage purposes.

The Scottish Archives Council would require a separate administrative budget to achieve the necessary independence from the NAS. The Scottish Records Advisory Council is currently funded from within the budget of the NAS

The legislation will give the Keeper wider powers over archives throughout Scotland. We believe that the concentration of executive power in the Keeper's office, rather than through any new body, will streamline costs and administration. However, this will increase the burden on the NAS, and resources should be commensurate with extra responsibilities.

8. General

This is a very brief outline of our proposals to give Scotland public archives of good quality and to ensure public access to them.

The appendix to this paper sets out the detail behind these intentions.

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