The Disposal of Court Records (Scotland) Regulations 1990

• Citation: S.I. 1990/106
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Disposal of Court Records (Scotland) Regulations 1990.

(2) They shall come into force on 1st February 1990.

Section 2 Revocation

The following Regulations are revoked:–

(a) the Regulations made by the Lord Justice General and Lord President and the Secretary of State in 1940 relating to the disposal of documents in so far as they relate to court records;

(b) the Preservation of Sheriff Court Records Regulations 1969 .

Section 3 Application

These Regulations apply to court records dated in or after the year 1707 which are of insufficient value to justify their preservation by the Keeper of the Records of Scotland (“the Keeper”), or which would more appropriately be in the custody of some other person, body or institution.

Section 4 Disposal of court records

Subject to regulation 5, the Keeper may authorise the disposal of any court records to which these Regulations apply either by destroying them or in appropriate cases by transferring them to another person, body or institution.

Section 5 Procedure for disposal

Before authorising the disposal of any such court records the Keeper shall for that purpose consult with and obtain the agreement of–

(a) in relation to records of the Court of Session, the Lord President;

(b) in relation to records of the High Court of Justiciary, the Lord Justice General;

(c) in relation to records of any sheriff court, the Sheriff Principal of that court;

(d) in relation to records of the Scottish Land Court, the Chairman of that court;

(e) in relation to all such records, the Scottish Records Advisory Council.