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PUBLIC RECORDS ACT 2002 - SECT 61 Existing notices about access to public records

PUBLIC RECORDS ACT 2002 - SECT 61

Existing notices about access to public records

61 Existing notices about access to public records

(1) This section applies to a notice (the
"original notice" ) given by a public authority under the repealed Libraries Act 1943 , or the Libraries and Archives Regulation 1990, section 23, that—
(a) imposes prohibitions, conditions or restrictions on access to, and inspection of, the public authority’s public records given to the archives; and
(b) is in force immediately before the commencement of this section.
(2) The original notice is taken to be a notice given, under a following provision, to the archivist by the responsible public authority for the record—
(a) if the notice prohibits or restricts access to the record for a period†”section 16; or
(b) if the notice imposes conditions on access to the record†”section 18(2)(b)(ii).
(3) If the period stated in an original notice mentioned in subsection (2)(a) is not longer than the restricted access period for the record, the period stated applies, unless changed under section 18 or 19, as if it were the restricted access period.
(4) If the period stated in an original notice mentioned in subsection (2)(a) is longer than the restricted access period for the record, the period stated applies for 1 year after the commencement and unless changed under section 18 or 19 as if it were the restricted access period.
(5) If subsection (4) applies, the responsible public authority for the record must, within 1 year after the commencement, give the archivist a notice under section 16 or 18(2)(b) for the record.
(6) For a notice mentioned in subsection (5) and given under section 16, the record for which the notice is given is taken to have been given to the archives when the notice is given to the archivist.
(7) On the giving of a notice mentioned in subsection (5) for a record, the original notice mentioned in subsection (4) for the record ceases to have effect.