Public Records
The Public Records Act (Northern Ireland) 1923 established the Office of Public Record of Northern Ireland. Its purpose was to receive and preserve public records.
The Act applied to Northern Ireland records, which are records of any court, Government department or authority or office in Northern Ireland in relation to which the Parliament of Northern Ireland has the power to make laws. It also applies to imperial records, records appertaining to Northern Ireland to which the Act may be applied by order of the Governor-General, not being Northern Ireland records. Records mean rolls, records, books, proceedings, decrees, bills, warrants, accounts, maps, and documents of a public nature.
The charge of the Public Records Office is under the Department of Finance/Arts Culture, etc. The Department is to appoint a Deputy Keeper of the Records of Northern Ireland, to act as the chief Record Keeper. He is to superintend the Public Record Office and keep the records in the custody of the Department. The Department is to appoint officers, clerks, and employees as necessary.
The Department of Finance may, by warrant, appoint a person to remove records vested in the Minister for Finance, courts, principal officers of departments, and to take charge of such records into the custody of the Department of Finance. Once in the custody of the Department of Finance, they are to be removed and deposited in the Public Record Office of Northern Ireland, and a schedule is to be delivered to prove their receipt.
The Department of Finance is to issue a warrant specifying the documents to be transferred. The records must be at least 20 years old. Largely, if a judge of any court, with the approval of the Lord Chief Justice or the principal officer of any government department or office, forms the view that it will be conducive to the ends of justice or to the due performance of the business of such court, department, or office that the record should not be delivered to the Minister for Finance at the end of 20 years, it shall be lawful to certify accordingly, and they may be retained for a further period of a year, which may be renewed year-to-year by new certificates.
The removal of records from the Public Record Office does not affect their legal authenticity. The Records Office is deemed to be a place of deposit, and the records retained have the same legal validity. It is lawful for trustees or other persons having custody of deeds and documents, which, in the opinion of the Department of Finance, are fit to be deposited in the Public Records Office, to do so with the permission of the Department of Finance, subject to such rules as may be made.
It is the duty of the Deputy Keeper of Records to arrange that reasonable facilities are available to the public for inspecting and obtaining copies of public records that fall to be disclosed under the Freedom of Information Act.
The seal of the Public Records Office is to be sealed and stamped, and certified copies of documents issued from the Public Records Office. Copies may be allowed to be made at the request and cost of the person requesting the same, and such copies may be examined and certified as true authentic copies by the Deputy Keeper of the Records or an officer of the Records Office.
It is lawful for the Minister for Culture, Arts, and Leisure to cause to be printed calendars, catalogues, and an index of Northern Ireland records, and also such Northern Ireland records in his custody, as he may recommend to be printed.
And the Department of Finance may purchase, for the use of the Public Records Office, private calendars, catalogues, and indexes to the Northern Ireland records, as the Department may see fit.
The Department of Finance may make rules in relation to the disposal and destruction of documents that have no value and do not have sufficient public value to justify preservation. A schedule of documents proposed to be disposed of is to be prepared. Particulars of their character and contents as may be calculated to enable the Assembly to judge the expediency of disposal are to be prepared. They may be identified by class. No document predating 1800 shall be disposed of.
The Department of Finance may make rules and regulations for the management of the office. This may deal with the admission of persons to the records, fees payable, and any other matter. The Deputy Keeper is to make an annual report to the First and Second Deputy First Minister.
The board of trustees of National Museums and Galleries of Northern Ireland is established under the 1998 order. It absorbs the trustees of the Ulster Folk and Transport Museum, trustees of the Ulster Museum.
The board is to care for and preserve objects in its collection, secure that they are exhibited to the public and assist the public in interpreting their significance, ensure that they are available to persons to inspect in connection with study and research, promote general awareness and appreciation by the public of arts, history, and science, culture, and way of life, and migration and settlement of people both by means of the board’s collection and such other means as it sees fit.
The board is to have particular regard to the heritage of Northern Ireland. The board may incur expenditure, accept gifts, give assistance to bodies having similar functions, provide education, training, instruction, and advice, compile and maintain an archive.
The board shall not dispose of objects that are vested in it, which comprise collections, except in accordance with the following provisions. The board may dispose of properties and objects by way of sale, exchange, or gift of an object that is a duplicate of another, which is so vested.
An object that is unsuitable for attention in its collection and which can be disposed of without detriment to the interests of students or members of the public, disposal by way of sale and gift to an institution mentioned in UK legislation, disposal of an object that the board is satisfied has become useless for the purposes of the collection by means of damage, physical deterioration, infestation, or destruction.Disposal must not be consistent with any trust or condition applying to the object concerned.
Bodies may be designated by the department as having functions similar to the board. The board and bodies concerned, with the approval of the department and notwithstanding anything contained in the instruments relating to that body, enter into agreements for the transfer of the property rights and liabilities of that body to the board. This may include the transfer of employment and other liabilities.
The board may make byelaws regulating admission to any premises occupied and managed by it, regulating conduct on the premises, preservation of property vested, and otherwise securing the efficient administration of any premises occupied and managed by the board.
Contravention of the byelaw may be enforced by persons employed by the board.
The Department may make grants to the board. The grant may be subject to such conditions as it thinks appropriate for securing the proper management and control of money received by the board.
The board shall maintain accounts. They shall be submitted to the Comptroller and Auditor General and the department. The department shall lay copies of the accounts of the board together with the report of the Comptroller and Auditor General before the Assembly.
District Councils, either together or with other District Councils, may provide and maintain galleries and museums. They may acquire land for such purposes. They may contribute to the expenses of another council. They may make grants towards the maintenance and provision of a private museum or gallery by a person.
The Council must consult with the department and such other bodies as the Department may determine before exercising powers to provide a museum or make grants.
The District Council may make byelaws regulating admission, conduct, and preserving property vested in a museum and securing its efficient administration. They may authorize persons employed by the Councils or members of the police after due warning to remove persons who are reasonably suspected of breaching byelaws.
The Department may make grants towards the expenses of a District Council in carrying out its function. They should be at such rates and subject to such terms as the department determines.