(1) A public authority is responsible for ensuring the safe custody and
preservation of records in its possession.
(2) Without limiting subsection
(1) , an arrangement between a public authority and another person for the
person to have custody of a record of the public authority must include
arrangements for the safe keeping, proper preservation and return of the
record.
(3) If a public authority ceases to exist, the records of the public
authority must be—
(a) if the functions of the public authority are to be
carried out by another public authority—given to the other public authority;
or
(b) if the functions of the public authority are not to be carried out by
another public authority—given to the public authority that is the relevant
public authority under a regulation; or
(c) in any other case—given to the
archives or disposed of in accordance with a decision of the archivist.
(4)
If a function or power of a public authority (the
"original public authority" ) is transferred to another public authority, the
records of the original public authority relating to the function or power
must be given to the other public authority.
