NATIONAL ARCHIVES AND RECORDS SERVICES: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

National Archives and Records Services (Declaration of Secrecy) Regulations

National Archives and Records Services Regulations

NATIONAL ARCHIVES AND RECORD SERVICES (DECLARATION OF SECRECY) REGULATIONS

(section 22)

(12th August, 1983)

ARRANGEMENT OF REGULATIONS

   REGULATION

   1.   Citation

   2.   Declaration of secrecy

      Schedule - Declaration of Secrecy

S.I. 92, 1983,
Act 14, 2007.

1.   Citation

   These Regulations may be cited as the National Archives and Records Services (Declaration of Secrecy) Regulations.

2.   Declaration of secrecy

   Every person who is appointed under or employed in carrying out the provisions of the Act shall make and subscribe before a commissioner of oaths a declaration of secrecy in the form set in the Schedule.

SCHEDULE
DECLARATION OF SECRECY

(section 9(2))

(reg 2)

REPUBLIC OF BOTSWANA

NATIONAL ARCHIVES AND RECORDS SERVICES ACT

(Cap. 59:04)

I, ....................................................................................................................................... (full name of declarant)

being appointed under or employed in carrying out the provisions of the National Archives and Records Services Act, do hereby solemnly, sincerely and truly declare and affirm that I will not disclose, either directly or indirectly, to any unauthorized person any information contained in public records which are secret or confidential or to which access may be restricted or permit any unauthorized person to have access to such records.

...................................................................
(Signature of Declarant)

Made and subscribed before me at .............................................. this ............ day of ............................., 20 ................

...................................................................
(Signature of Commissioner of Oaths)

NATIONAL ARCHIVES AND RECORDS SERVICES REGULATIONS

(section 22)

(30th December, 2011)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
Preliminary

   1.   Citation

   2.   Interpretation

   3.   Application

PART II
Transfer of Public Records

   4.   Primary appraisal of semi-current records

   5.   Application for approval to transfer records

   6.   Issue of approval to transfer records

   7.   Rejection of application to transfer records

   8.   Access to transferred records

   9.   Transfer of records between Ministries or Government Departments

   10.   Retention and disposition of public records

PART III
Reproduction of Public Archives

   11.   Reproduction of archives

   12.   Reproduction of audio tapes, etc. or cine films

   13.   Broadcast of audio tape, etc. or cine film

   14.   Photographic shots of archives

   15.   Fees

PART IV
Access to and Use of Public Archives

   16.   Access to archives by public officers

   17.   Loan of publications to public officers

   18.   Consultation of archives by members of the public

   19.   Use of archives

   20.   Restriction to access of archives by members of the public

   21.   Access to semi-current records by members of public

   22.   Hours of operation

   23.   Prohibition of smoking, eating, etc.

PART V
Management and Protection of Public Records

   24.   Responsibility for public records

   25.   Record classification system

   26.   Records Manager

PART VI
General

   27.   Export of archives

   28.   Donation of private archives

      Schedule 1 "” Forms

      Schedule 2 "” Prescribed fees

S.I. 116, 2011.

PART I
Preliminary (regs 1-3)

1.   Citation

   These Regulations may be cited as the National Archives and Records Services Regulations.

2.   Interpretation

   (1) In these Regulations, unless the context otherwise requires"”

   "accession list" means a form used to capture records which are contained in a box;

   "appraisal" means the process of assessing and determining the value of records for their disposition;

   "archives officer" means an official of the National Archives and Records Services responsible for maintaining and preserving archives;

   "Archives Repository" means a facility designated for the storage of public records which have been selected for preservation as archives.

   "consignment" means a collection of records which are transferred to a Records Centre at the same time;

   "consignment booklet" means a compilation of accession lists, with location numbers, for a particular consignment;

   "location number" means a unique number given to a box containing records in a record centre;

   "Records Centre" means a facility designated for storage of semi-current records by the National Archives and Records Services;

   "record creating agency" means a ministry or government department responsible for producing a particular record;

   "Record Management Procedures Manual" means a document published by the National Archives and Record Services which sets out procedures for the management of public sector records;

   "semi-current records" means records that are infrequently consulted for current official business and have been inactive for at least a period of three years;

   "transfer" means a change of custody, ownership and responsibility for public records; and

   "publication" means books, published reports and pamphlets and include reports, periodicals and reprints of articles from periodicals, newspapers, maps, plans, illustrations and other materials whether printed, micrographed or produced by other processes, issued for sale or for free to members of the public.

3.   Application

   These Regulations shall apply to all places of deposit and prescribed bodies.

PART II
Transfer of Public Records (regs 4-10)

4.   Primary appraisal of semi-current records

   (1) A record creating agency shall not transfer semi-current records to a Record Centre unless the records have been subjected to a primary appraisal exercise and were found to have a continuing value.

   (2) Public records that have been selected for preservation shall be transferred to the Records Centre.

   (3) A record creating agency shall, before destroying records, apply to the Director for approval to destroy such records.

   (4) Where the Director approves destruction of records, he shall issue a certificate of destruction in Form B set out in Schedule 1.

5.   Application for approval to transfer records

   An application for approval to transfer semi-current records shall be made to the Director in writing, accompanied by a typed accession list of the records to be transferred as set out in Form A of Schedule 1.

6.   Issue of approval to transfer records

   (1) The Director may, if he is satisfied that the requirements of regulation 4 have been met, issue a written approval to transfer semi- current records and shall specify the date on which such semi-current records are to be transferred by the record creating agency, which date must be adhered to.

   (2) The record creating agency shall, while awaiting transfer, systematically store such records in a safe, secure, dust free and insect free environment.

   (3) Upon transfer of semi-current records to a records centre, the National Archives and Records Services shall"”

   (a)   update the accession lists to indicate the date of preservation or destruction and the Records Centre location number; and

   (b)   produce a consignment booklet in duplicate and issue a copy to the record creating agency.

7.   Rejection of application to transfer records

   (1) The Director may reject an application for approval to transfer records after having inspected the records where the records"”

   (a)   have not undergone primary appraisal;

   (b)   have not been properly accessioned and boxed; and

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