National Records of Scotland

Preserving the past, Recording the present, Informing the future

Secondary Public Records Legislation

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Secondary Public Records Legislation

Legislation falls into two categories – primary and secondary legislation. Primary legislation comprises Acts of Parliament. Acts often make provision for related, but more detailed, regulations to be issued by means of statutory instruments. These statutory instruments are known as secondary legislation. In Scotland, the same relationship exists between Acts of the Scottish Parliament and Scottish Statutory Instruments.

The full text of all the statutory instruments and Scottish statutory instruments mentioned below can be found on the Office of Public Sector Information website.

Disposal of records by the Keeper of the Records of Scotland

The Disposal of Records (Scotland) Regulations 1992 No 3247 and the Disposal of Records (Scotland) Amendment Regulations 2003 No 522 govern the disposal by the Keeper of the Records of Scotland of all records other than court records covered by the Public Records (Scotland) Act of 1937.

Disposal of court records by the Keeper of the Records of Scotland

The Disposal of Court Records (Scotland) Regulations 1990 No 106 govern the disposal by the Keeper of the Records of Scotland of all court records covered by the Public Records (Scotland) Act of 1937.

Acts of the Scottish Parliament

Section 3(4) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc of Acts of the Scottish Parliament) Order 1999 No 1379 provides for the official copy of each Act of the Scottish Parliament to be deposited with the Keeper of the Records of Scotland.