Another interesting piece Iain -----Original Message----- From: PETER GALLIARD [mailto:peter.galliard@btinternet.com] Sent: 10 February 2006 18:47 To: SCT-ARGYLL-L@rootsweb.com Subject: [ARGYLL] Murdo etc - the latest fromNational Archives Argyll and Bute Council Thought everyone would like to see this!!! Ann ----- Original Message ----- From: Ian Hill To: peter.galliard@btinternet.com Sent: Friday, February 10, 2006 5:50 PM Subject: Argyll and Bute Council Dear Mrs Galliard I am replying to your email of 6 February concerning Argyll and Bute Council Archives on behalf of NAS, as the Keeper has a statutory role in the way that local authorities manage their records. More specifically, section 53 of the Local Government (Scotland) Act 1994 states that local authorities should make 'proper arrangements' for their records', should not make any 'material changes' to their arrangements without consulting the Keeper and should have regard to any comments he (or she) makes. But as 'proper arrangements' have no statutory definition, these powers fall short of being able to compel a local authority to operate a professional archives service. In general terms, there is no act in Scotland that obliges local authorities to run an archives service in this way and access is therefore at the discretion of the authority concerned. In terms of the Freedom of Information Act, the ability of local archives to be classified as 'reasonably obtainable' under sec 25 of the Act may diminish if professional supervision is not available and access rights are reduced, and the records are therefore less likely to be exempt from requests under sec 1. NAS has been in touch with the Council about the situation in Argyll. The Keeper wrote to the Chief Executive at the end of January asking for assurances about Mr MacDonald's post and I also contacted his office this week to point out their duty to consult the Keeper in terms of sec 53 of the 1994 Act. We are still waiting to hear back from the Council and do need to be officially told what they are planning to do but please be assured that we shall continue to monitor the situation in Argyll and do all that we can to promote the continuation of the service. Yours sincerely Ian Hill Head of Outreach Services Branch National Archives of Scotland (0131-535 1372) -- No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.375 / Virus Database: 267.15.5/256 - Release Date: 10/02/2006 ==== SCT-ARGYLL Mailing List ==== ***************************************************************** Scotland Free Census Search: http://freecen.rootsweb.com/cgi/search.pl