The Public Records (Scotland) Bill is currently making its way through the Scottish Parliament. The Bill proposes to extend the number of public authorities subject to its provisions and the Scottish Further and Higher Education Funding Council and The General Teaching Council for Scotland are included but university and colleges are currently not included. Although there is provision in the Bill to extend the number in future (as with FOISA) the Scottish Parliament Information Centre briefing on the Bill states that it is intended to be ‘light touch’ and the Scottish ministers consider it would be disproportionate to include all of the FOISA public authorities. However the definition of ‘public records’ in the Bill extends to records created by or on behalf of a contractor in carrying out the public authority’s functions which could include for example another public authority acting as an adviser under contract.
The Bill’s intention is to provide a framework for improvements in records keeping in the public sector and sets out the requirement to produce and implement a records management plan which will require approval by the Keeper of the Records of Scotland. The Keeper will be given powers to carry out compliance reviews of a public authority’s plan and will produce guidance on the content and form of plans including a model records management plan. The sanctions for non-compliance are limited and again ‘light touch’. The Keeper will be authorised to issue warning notices and to publicise the names of public authorities found to be in breach of the provisions.
In summary, the Bill’s purpose is to improve records management in the named Scottish public authorities. It aims to do this by making it compulsory to produce and maintain Records Management Plans, updating the definition of ‘public records’, setting up the Keepers role in compliance monitoring and guidance provisions and updating the law on records of the Scottish courts. The deadline for completion of stage one of the parliamentary process is 11 Feb 2011. Full text of the Bill as it currently stands is on the Scottish Parliament website at http://www.scottish.parliament.uk/business/bills/billsInProgress/index.htm.