Advisory Council

The Advisory Council was established by the Public Records Act 1958 as a non-departmental public body.

It is chaired by the Master of the Rolls, a senior judge, and has 17 members including historians, archivists, information management professionals, former civil servants and journalists.

The Advisory Council has several roles:

• advises the Secretary of State on issues relating to public records that are over 20 years old (historical public records), including public access to them, at the point of transfer to The National Archives
• advises the Secretary of State on requests from Government departments to retain historical public records under the Public Records Act
• acts for the Secretary of State in deciding on requests from departments for historical public records to remain closed under certain Freedom of Information Act exemptions and challenges departments to provide evidence to justify such requests
• advises the Chief Executive and Keeper of The National Archives on matters relating to his duties as Historical Manuscripts Commissioner under the Royal Warrant through the Council’s sub-committee, the Forum on Historical Manuscripts and Academic Research

It also supports government departments and The National Archives by providing independent advice and scrutiny on issues relating to records management and archives.

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The outcome of the triennial review of the Advisory Council was announced on 20 March 2014.

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Read the report on Gov.uk

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https://www.gov.uk/government/publications/triennial-review-of-the-lord-chancellors-advisory-council-on-national-records-and-archives

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Further information

The Advisory Council has also published some FAQs (PDF, 0.38 MB).

In addition, its status, structure, roles and responsibilities are set out in more detail in this document (PDF, 0.17 MB).

Contacting the Advisory Council

If you have any questions about the Advisory Council or would like to make a Freedom of Information request, please contact:

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The Secretary
Advisory Council on National Records and Archives
The National Archives
Kew
Richmond
Surrey TW9 4DU

Tel: +44 (0) 20 8392 5248

Email the Advisory Council Secretary

For any media enquiries about the Advisory Council, please contact The National Archives’ media team.

Openness and objectivity underpin the Advisory Council’s work in considering applications for the retention or closure of records. The Advisory Council’s guiding principle is to support information being made public.

That principle will only be set aside when there are clear grounds to do so, based on public or national interest, or sensitivity about personal data. The Advisory Council regularly challenges government departments to provide evidence to justify requests for permission to retain documents or for them to remain closed.

On appointment, Advisory Council members agree to observe the seven principles of public life – selflessness, integrity, objectivity, accountability, openness, honesty and leadership.

Public records

The Council is to consider and advise on matters including:

• applications from departments for the retention within those departments of public records beyond the age of 20 years, when those selected for permanent preservation are normally transferred to The National Archives
• the balance of the public interest in relation to applications from departments for the extended closure of historical public records and other ‘matters relating to the application of the Freedom of Information Act 2000 (FOIA) to information contained in public records that are historical records within the meaning of Part VI of that Act’3
• the balance of the public interest in the release or non-disclosure of historical records, an application for the disclosure of which has been made under the FOIA
• preservation of public records in places of deposit and facilities for public access to them

In addition, the Council may be required to advise on:

• major objectives, programmes and policy changes for The National Archives
• proposed legislation affecting The National Archives
• the implications for records and public services of any proposed change to the status of The National Archives
• any subject brought to its attention by the Secretary of State

Independent archives

The Council’s responsibility relating to historical manuscripts (private archives) is to be discharged through the work of its sub-committee, The Forum on Historical Manuscripts and Academic Research (the Forum). The Forum advises the Keeper of Public Records in his capacity as Historical Manuscripts Commissioner. The Forum will consider and provide advice to the Secretary of State through the Council on matters relating to manuscripts, records and archives, other than public records, and particularly:

• the location, collection, care, custody, preservation, acquisition, sale, and use in all formats of such documents
• the compilation and dissemination of information about them
• any questions affecting such documents as may be referred for its consideration, including issues relating to the statutory duties of the Master of the Rolls in respect of manorial and tithe documents, and the making of recommendations to Arts Council England on the allocation of archives and manuscripts accepted for the nation in lieu of tax
• other issues that would formerly have come within the terms of reference of the Royal Commission on Historical Manuscripts

In addition, on behalf of the Council, the Forum is to:

• act as a vehicle for the development of constructive and collaborative engagement between The National Archives and its academic stakeholders, sharing knowledge and developing trust and understanding
• provide an open, independent and authoritative advisory voice to The National Archives, to support its research and academic liaison

The Advisory Council on National Records and Archives (ACNRA) is an authority under the Freedom of Information Act 2000 and therefore has a statutory obligation to adopt and maintain a publication scheme. A publication scheme is a commitment to routinely and proactively provide specified information to the public.

In accordance with the new model publication scheme, the Advisory Council on National Records and Archives is expected to make available as much information as it can within the following classes:

• who we are and what we do
• what we spend and how we spend it
• what our priorities are and how we are doing
• how we make decisions
• policies and procedures
• lists and registers

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Read the Advisory Council's publication scheme

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Advisory Council Publication Scheme

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The Secretary of State for Digital, Culture, Media and Sport appoints the members of the Advisory Council.

As an advisory non-departmental public body, the Advisory Council adheres to the Code of Practice set out by the Office of the Commissioner for Public Appointments.

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Read about the members of the Advisory Council

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Membership of the Advisory Council

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The Council meets quarterly. However, because the remit of the Advisory Council was extended by the Freedom of Information Act 2000 to cover the giving of advice on the application of the Freedom of Information Act to public records which are historical records (those over 30 years old), small panels are required to meet several times a year and then report to the next full meeting.

Access to information considered at meetings

The Advisory Council on National Records and Archives (ACNRA) recognises the public interest in access to information about its constitution, its work, and the advice it gives to the Secretary of State including the reasons for that advice. It also recognises, however, the public interest in maintaining the confidentiality of some of its information and of the advice that it gives.

Some of the work of the ACNRA is confidential and appropriate exemptions may apply under the Freedom of Information Act 2000. For example, where the disclosure of some information may damage the international relations of the UK with another country or may prejudice the effective conduct of public affairs.

In keeping with the Information Commissioner’s Model Publication Scheme, the ACNRA is expected to publish minutes and agendas of the quarterly ACNRA meetings along with background documents referred to in agendas.

The meetings of the ACNRA are not public meetings because of the sensitive nature of some of the information discussed.

The ACNRA is not obliged to publish information, which would be exempt under the Freedom of Information Act, Environmental Information Regulations or the Data Protection Act. Information that is exempt and cannot be published in full, such as minutes or agendas, will be published in summary form where possible.

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The Forum on Historical Manuscripts and Academic Research is a subcommittee of the Advisory Council on National Records and Archives. The Forum allows the Advisory Council and The National Archives to strengthen their respective roles relating to historical manuscripts and private archives.

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Read more about the Forum and its work

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Forum on Historical Manuscripts and Academic Research

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Intellectual Property Office consultation on copyright exceptions

On 31 March 2010, the Advisory Council submitted its response to the Intellectual Property Office’s consultation entitled ‘Taking Forward the Gowers Review of Intellectual Property: Second Stage Consultation on Copyright Exceptions’.

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The report is available in the Government Web Archive

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View the document

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https://webarchive.nationalarchives.gov.uk/ukgwa/20140603083549/http://www.ipo.gov.uk/consult-gowers2.pdf

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The Advisory Council believes that copyright exceptions are fundamental to the preservation and dissemination of archival content. It has concerns with the current copyright regime in two respects: undue complexity and anomalies/inconsistencies. For the regime to be effective in practice, and understood and observed by archivists and archival users, it needs to be simplified and harmonised wherever possible. Copyright exceptions should also be format-blind. An exception, once granted, should be applicable to all formats of information, and not just some. These are the two litmus tests which we have used to evaluate the Government’s proposals as set out in the Second Stage Consultation.

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Department for Culture, Media and Sport consultation

On 1 March 2010, the Advisory Council submitted its response to the Department for Culture, Media and Sport’s consultation entitled ‘Proposal on the Collection and Preservation of UK Offline and Microform Publications and UK Online and Microform Publications and UK Online Publications Available Free of Charge and Without Access Restrictions.’

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The report is available in the Government Web Archive

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Read the report

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https://webarchive.nationalarchives.gov.uk/ukgwa/+/http://www.culture.gov.uk/images/consultations/Digital_legal_deposit.pdf

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The Advisory Council has a particular interest in United Kingdom online publications available free of charge and without access restrictions. The Advisory Council therefore supports the government’s proposals to legislate for archiving these online publications through a Statutory Instrument pursuant to the Legal Deposit Libraries Act 2003.

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The Advisory Council reports to the Secretary of State every year. This is published with the annual report of The National Archives.

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