CHAPTER
189
PUBLIC RECORDS |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
General responsibility of Chief Justice for
public records. |
Establishment of The Bahamas Archives and
appointment of Archivist. |
Examination of records and transfer of such
records to The Bahamas Archives. |
Selection and preservation of public records. |
Acquisition of records by Archivist. |
Access to public records. |
Legal validity of public records and
authenticated copies. |
Return of public records to Government
departments. |
Appointment and functions of the Advisory
Council. |
Restriction on exportation of public records. |
Power of Chief Justice to make regulations. |
|
CHAPTER 189 |
PUBLIC RECORDS |
An Act to
provide for the preservation of the public records of The Bahamas; to establish
a Public Records Office for The Bahamas; and for matters connected therewith or
incidental thereto. | 26 of 1971
5 of 1987 |
[Assent 19th August,
1971]
[Commencement 9th December, 1971] |
1. This Act may be cited as the Public Records Act. | Short title. |
2. (1) In this Act, unless the context otherwise
requires- | Interpretation. |
"Archivist"
means the Archivist appointed under the provisions of section 4; |
"Government
department" includes any office or any other body or establishment
whatsoever existing by virtue of the Constitution or being under the Government
of The Bahamas; |
"Minister"
means the Minister responsible for Archives; |
"public
records" or "records" means all public records, archives,
documents and other historical matter of every kind, nature and description
which are in the custody of any Government department or which may, after the
commencement of this Act, be transferred to or acquired by
The Bahamas Archives. |
(2) Unless the
contrary intention appears, references in this Act to a section are references
to a section of this Act and references in a section to a subsection are
references to a subsection of that section. |
3. The Chief Justice shall be generally responsible for
the execution of this Act and shall supervise the care and preservation of the
public records in The Bahamas. | General responsibility of Chief Justice for public
records. |
4. (1) There shall be established an office to be
called The Bahamas Archives with as many branches as may be deemed necessary or
convenient, in which shall be preserved such public records of historical value
as are transferred thereto under section 6 or acquired by the Archivist under
section 7. | Establishment of Bahamas Archives and appointment of
Archivist. |
(2) There shall be
an Archivist, who shall be a public officer and who, under the direction of the
Chief Justice, shall be responsible for the custody, preservation, arrangement,
repair and rehabilitation, and for such duplication and reproduction of records
maintained at The Bahamas Archives as may be necessary or appropriate,
including the preparation and publication of inventories, indexes, catalogues
and other finding aids or guides facilitating the use of such records. |
5. (1) The Archivist or any officer of The Bahamas
Archives authorised by him shall have power to examine any records which are in
the custody of any Government department, and shall advise such department as
to the care, custody and control thereof: | Examination of records and transfer of such records to
The Bahamas Archives. |
Provided that
nothing contained in this subsection shall empower the Archivist, or any other
person authorised by him, to examine any records relating to matters which, by
statute, are forbidden to be communicated to him. |
(2) Records in the
custody of any Government department shall be transferred periodically to The
Bahamas Archives in accordance with regulations made under section 13. |
6. (1) It shall be the duty of every person responsible
for public records of any description which are not in The Bahamas Archives to
make arrangements for the selection of those records which ought to be
permanently preserved and for their safe-keeping. | Selection and preservation of public records. |
(2) Every such
person shall perform his duties under this section under the guidance of the
Archivist and the Archivist shall be responsible for co-ordinating and
supervising all action taken under this section. |
(3) Public records
selected for permanent preservation under this section shall be transferred not
later than thirty years after their creation to The Bahamas Archives: |
Provided that any
such records shall not be so transferred but may be retained after the said
period if, in the opinion of the person who is responsible for them, they ought
to be so retained for any special reason. |
7. The Archivist, with the approval of the Chief
Justice, may by contract, testamentary bequest, or in any other manner acquire
all such original records, documents and other historical material or copies or
replicas thereof as he may deem necessary or desirable to secure for The
Bahamas Archives and he may pay for them or for the transcribing, binding and
repairing thereof out of such funds as are voted by Parliament for that
purpose. | Acquisition of records by Archivist. |
8. (1) Public records in The Bahamas Archives shall not
be available for public inspection until they have been in existence for thirty
years or such other period, either longer or shorter, as the Chief Justice may,
with the approval, or at the direction, of the Minister for the time being
specify as respects any particular class of records. | Access to public records. |
(2) Without
prejudice to the generality of subsection (1), if it appears to the person
responsible for any public records which have been selected by him under
section 6 for permanent preservation, that they contain information which was
obtained from members of the public under such conditions that the opening of
those records to the public after the period determined under subsection (1)
would or might constitute a breach of good faith on the part of the Government
of The Bahamas or on the part of the persons who obtained the information, he
shall inform the Chief Justice accordingly and those records shall not be
available in The Bahamas Archives for public inspection even after the expiration
of the said period except in such circumstances and subject to such conditions,
if any, as the Chief Justice and that person may approve or, if the Chief
Justice and that person think fit, after the expiration of such further period
as they may approve. |
(3) Subject to the
provisions of subsections (1) and (2) or of any other enactments (whether
passed before or after the commencement of this Act) which prohibit the
disclosure of information obtained from the public, and subject to any
regulations made under section 13 it shall be the duty of the Archivist to
arrange that reasonable facilities are available to the public for inspecting
and obtaining copies of public records in The Bahamas Archives. |
(4)
Notwithstanding anything contained in this section, it shall be lawful for the
Archivist to permit a person to inspect any records if he has obtained special
authority in that behalf given by a public officer of a Government department
being an officer accepted by the Chief Justice or the Minister as qualified to
give such authority. |
9. (1) The legal validity of any record shall not be
affected by its removal under the provisions of this Act with respect to its
legal custody. | Legal validity of public records and authenticated
copies. |
(2) A copy of, or
extract from, a public record in The Bahamas Archives purporting to be examined
and certified as true and authentic by the Archivist or by an officer of The
Bahamas Archives purporting to be authorised by him in that behalf and to be
sealed or stamped with the seal of The Bahamas Archives shall be admissible as
evidence in any proceedings without any further or other proof thereof if the
original record would have been admissible as evidence in those proceedings. |
10. Where the person in charge of any Government
department notifies the Archivist in writing that any public record which was
transferred from that department to The Bahamas Archives is required for use in
that department, the Archivist shall, if he has the custody or control of that
public record, return it to that person and such person shall return the public
record to the Archivist as soon as it is no longer required by him for use. | Return of public records to Government departments. |
11. (1) There shall be an Advisory Council on Public
Records, which shall consist of- | Appointment and functions of the Advisory Council. |
|
(b) such other
persons, not exceeding eight in number, as may be appointed by the Minister. |
(2) The persons
appointed under paragraph (b) of subsection (1) shall hold office for such
period and on such terms as may be determined at the time of their respective
appointments. |
(3) The Minister
shall appoint one of the members to be Chairman of the Council. |
(4)
It shall be the duty of the Council to advise the Chief Justice on all matters
relating to public records in general and, in particular, on those aspects of
the work of The Bahamas Archives which affect members of the public who make
use of the facilities provided by The Bahamas Archives. |
12. (1) The exportation from The Bahamas of any public
records which relate to The Bahamas and which have been certified by the
Archivist to be of historical value is prohibited except in accordance with the
terms of an export licence issued by the Minister. | Restriction on exportation of public records. |
(2) A licence
issued under the provisions of subsection (1) shall specify each record to
which the licence relates and may contain such conditions as the Minister
thinks fit. |
(3) Any person who
contravenes the provisions of subsection (1) shall be guilty of an offence and
shall be liable on summary conviction to a fine not exceeding five hundred
dollars. |
13. The Chief Justice may, with approval of the
Minister, make regulations providing for- | Power of Chief Justice to make regulations. |
(a) the
admission of the public to The Bahamas Archives and the inspection by the
public of the records; |
(b) the
transfer of any records from the custody of any Government department having
control thereof to The Bahamas Archives; |
(c) the
examination, disposal or destruction of any records which are not of sufficient
value to justify their preservation in The Bahamas Archives or elsewhere; |
(d) the fees to
be paid in respect of services provided to the public by The Bahamas Archives; |
(e) generally
the better carrying out of the objects and purposes of this Act. |
14. Any expenses incurred in carrying this Act into
effect shall be defrayed out of moneys provided by Parliament. | Expenses under this Act. |