Records are transferred to The National Archives and other places of deposit under the Public Records Act 1958 (PRA). Following the full implementation of the Freedom of Information Act 2000 (FOIA) in January 2005, public access to records held by archives services, and the basis for their closure on transfer, was altered substantially. The ‘Thirty Year Access Rule’ was abolished and the previous provision on extended closure and accelerated opening was superseded.
The FOIA now governs public access to public records. When the information in those records is environmental information, as defined in the Environmental Information Regulations 2004, public access is governed by those regulations, which are similar but not identical to the FOIA. For simplicity, FOIA is used throughout, with Environmental Information Regulations specified only when provisions differ.
The Information Commissioner’s Office (ICO) issues guidance on FOIA exemptions (the reasons to withhold information). The Department for the Environment, Food and Rural Affairs (Defra) issues guidance on the Environmental Information Regulations. Part 2 of the code of practice on the management of records under section 46 of the FOIA sets out how records should be transferred to archives services.
The aim of this guidance is to supplement advice regarding the transfer of public records to archives services. It should be used as a reference tool by those involved in the sensitivity review of records and the transfer of closed records. The guidance is intended primarily for the transfer of public records held by government departments to The National Archives or other places of deposit but the principles and examples may also be relevant to the transfer of non-public records.
What are public records, and who is responsible for them (PDF, 177 Kb)
Freedom of Information exemptions (PDF, 158 Kb)
Data Protection and personal information (PDF, 114 Kb)
Procedures for closure on transfer (PDF, 121 Kb)
Retention (PDF, 185 Kb)
Redaction considerations (PDF, 98 Kb)
Closure at transfer application (Word) (DOC, 80 Kb)
Closure at transfer application (Excel) (XLS, 40 Kb)
Application to retain under s3(4) of the Public Record Act 1958 (Word) (DOC, 90 Kb)
Application to retain under s3(4) of the Public Record Act 1958 (Excel) (XLS, 40 Kb)