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close this bookArchives and Records Management for Decision Makers: a RAMP study (UNESCO; 1990; 79 pages)
View the documentPreface
View the document1. Introduction
Open this folder and view contents2. Origins of records and archives
Open this folder and view contents3. Records and archives in decision making
Open this folder and view contents4. Records management
Open this folder and view contents5. Archives
Open this folder and view contents6. Planning for archives
close this folder7. Legislative authority
View the document7.1. Archival legislation
View the document7.2. Legislative requirements
View the document7.3. Placement of institutions
Open this folder and view contents8. Staffing
Open this folder and view contents9. Conclusion
View the documentAppendix 1 - List of national archival institutions that responded
View the documentAppendix 2 - List of respondents to second questionnaire
View the documentAppendix 3 - Staffing levels in relation to population
 

7.1. Archival legislation

Archival institutions are service organisations. whose existence stems from the need to cater for records and archives that have been generated. Whether at federal, central government or local authority level, these organisms comprise a number of units each of which has its own authority within certain defined limits. The archival institution is therefore external to these units in so far as it is not a component of, or particular to any one of them. Being an outsider the archival institution therefore requires a defined basis for providing its services.

In most countries there are Acts of Parliament or decrees that provide the legislative authority required for these services to operate. These acts and decrees define the rights of the archival institutions and provide it with the authorisation necessary for it to carry out its functions. The work of the archival institutions is necessarily determined by the powers so conferred. Various studies and comparisons have been made of the legislations that exist in various countries, and the general provisions of the legislations include:

7.1.1 A definition of the materials that constitute records and archives with distinctions being made between public records and public archives and perhaps between these and private records and archives.

7.1.2 A definition of the powers of the institution in respect of:

7.1.2.1 The ability to inspect defined records and archives.

7.1.2.2 The supervision of the welfare of the records and archives.

7.1.2.3 The transfer of records from the creating agencies to the archival institution. 7.1.3 The rights of individuals and citizens in accessing records and archives.

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