Summary of the Act Part 1 – Records Management Plans
4.Part 1 of the Act imposes duties on certain public authorities, which are listed in the schedule to the Act, to produce, implement and review records management plans. A plan must set out the arrangements for the management of records created or held by the authority and records created or held by contractors who carry out any functions of the authority. Each plan must be agreed by the Keeper of the Records of Scotland (the Keeper). It may be returned if the Keeper considers that it fails to make proper arrangements for the records it covers. The Keeper must issue guidance on the form and content of plans and must prepare a model plan and must consult authorities and other persons before doing so. Authorities must have regard to the model plan and the guidance when preparing their own plans.
5.The Act gives the Keeper the power to review whether authorities are complying with their plans. The Keeper may issue action notices to authorities who are failing to meet their obligations under the Act. Authorities may make representations before an action notice is issued. If an authority fails to comply with an action notice, the Keeper may publicise the failure. The Keeper must also produce an annual report in relation to the Keeper’s functions under the Act, including details of any authority which has failed to comply with an action notice and details of the failure.