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Taking notes

Taking notes

Miners, 1877. Cat ref: COPY 1/37

Terms of reference

The three councils described below work together to advise the Lord Chancellor on archival matters in the United Kingdom. Although they share the same members, each has a distinct role. Together they help to safeguard our unique archival heritage for future generations.

Advisory Council on National Records and Archives

The function of the Lord Chancellor's Advisory Council on National Records and Archives is to advise the Lord Chancellor, and through him other ministers as appropriate, on all matters relating to records and archives in the United Kingdom and in particular in England and Wales(1). It is chaired by the Master of the Rolls.

The Advisory Council on National Records and Archives embraces two further bodies: the Advisory Council on Public Records, established by s1(2) of the Public Records Act 1958(2), and the Advisory Council on Historical Manuscripts, established by the Lord Chancellor to advise him on matters formerly the responsibility of the Royal Commission on Historical Manuscripts. All three bodies share the same members.

The terms of reference of the Advisory Council on National Records and Archives are to consider and advise the Lord Chancellor upon:

  • Major objectives, programmes and policy changes for The National Archives
  • Proposed legislation affecting The National Archives
  • The implications for records and public services of any proposed change to the status of The National Archives
  • Any subjects brought to its attention by the Lord Chancellor

Advisory Council on Public Records

Certain topics are within the scope of the statutory responsibilities of the Advisory Council on Public Records. It will consider and investigate the following matters and provide advice to the Lord Chancellor on them as necessary(3):

  • Applications from departments for the retention of public records
  • Pending the repeal of s5(1) of the Public Records Act 1958 by the Freedom of Information Act 2000, applications from departments for the extended closure of public records and restrictions placed by departments on the release of public records under the Open Government Initiative
  • Matters relating to the application of the Freedom of Information Act 2000 to information contained in public records which are historical records within the meaning of Part VI of that Act(4)
  • Preservation of public records in places of deposit and facilities for public access to them

Advisory Council on Historical Manuscripts

Certain topics are outside the scope of the Advisory Council on Public Records and are the responsibility of the Advisory Council on Historical Manuscripts. It will consider and investigate, and provide advice to the Lord Chancellor as necessary on, manuscripts, records and archives of all kinds, other than the public records, and in particular:

  • The location, care, custody, preservation and use of such documents
  • The compilation and dissemination of information about them
  • Any questions affecting such manuscripts, records and archives as may be referred for its consideration, including issues relating to the statutory duties of the Master of the Rolls in respect of manorial and tithe documents, and the making of recommendations to appropriate Ministers on the allocation of archives and manuscripts accepted for the nation in lieu of tax
  • Other issues which would formerly have come within the terms of reference of the Royal Commission on Historical Manuscripts

Footnotes

1. The remit of the Advisory Council on National Records and Archives for the United Kingdom as a whole is without prejudice to matters covered by records and archives legislation of the devolved administrations

2. Public Records Act 1958 s1(2):
There shall be an Advisory Council on Public Records to advise the Lord Chancellor on matters concerning public records in general and, in particular, on those aspects of the work of The National Archives which affect members of the public who make use of the facilities provided by The National Archives. The Master of the Rolls shall be chairman of the said council and the remaining members of the council shall be appointed by the Lord Chancellor on such terms as he may specify.

3. Based on the terms of reference set by the Lord Chancellor in January 1998

4. Inserted as s1(2A) of the Public Records Act 1958 by sch 5 para 1 of the Freedom of Information Act 2000