National Archives Act 1986
Regulations, etc.
19.—(1) The Taoiseach, after consultation with the Director, may from time to time make regulations in relation to all or any of the following matters:
(a) the management and work of, and the services to be provided by, the National Archives,
(b) the transfer of Departmental records to the National Archives,
(c) the disposal in accordance with this Act of archives and Departmental records,
(d) the admission of persons to inspect archives and to use any facilities provided by the National Archives,
(e) the reproduction and publication of archives and extracts from them,
(f) the authentication of copies of and extracts from archives,
(g) any other matter necessary to give effect to this Act.
(2) The Taoiseach may from time to time by regulations, made with the consent of the Minister for Finance, fix the amount and manner of payment of fees for services rendered, and for the use of facilities provided, by the National Archives, and may authorise the remission of fees in relation to such class or classes of services as may be specified in the regulations.
(3) The Minister for the Public Service, after consultation with the Director, may make regulations—
(a) for the proper management and preservation of Departmental records in the custody or care of a Department of State, and
(b) fixing standards in relation to the copying of such records by photographic, micro-photographic and other processes, and providing for the authentication and preservation of such copies with a view to the disposal of the originals of such copies.
(4) For the purpose of their disposal, originals of records copied in accordance with regulations under subsection (3) may be destroyed on the written authorisation of the Director and the disposal of such records shall be carried out in a manner which ensures that their confidentiality is not affected and that their contents are not ascertainable.
(5) Every regulation made under subsection (1) or (3) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
Annotations
Modifications (not altering text):
C24
Functions under subs. (2) transferred and reference to Minister for Finance construed as Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9. Functions under subs. (3)—as previously transferred (19.03.1987) to the Minister for Finance—further transferred, and reference to “Minister for the Public Service” further construed (29.07.2011) by same instrument.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 11 of 1986 |
National Archives Act 1986 |
Section 19(2) and (3) |
|
... |
... |
... |
The history of the Minister for Public Expenditure and Reform can be traced as follows:
• Title of Minister for Public Expenditure and Reform altered to Public Expenditure, National Development Plan Delivery and Reform 9.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023);
• Title of Minister for Public Expenditure, National Development Plan Delivery and Reform altered to Public Expenditure, Infrastructure, Public Service Reform and Digitalisation 5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025).
Editorial Notes:
E38
Power pursuant to subs. (2) exercised (2.01.2013) by National Archives (Fees) Regulations 2012 (S.I. No. 503 of 2012), in effect as per art. 1(2).
E39
Power pursuant to section exercised (25.11.1988) by National Archives Act, 1986, Regulations 1988 (S.I. No. 385 of 1988).
E40
Power pursuant to section exercised (21.06.1988) by National Archives Act, 1986 (Authentication of Documents) Regulations 1988 (S.I. No. 227 of 1988).
E41
Previous affecting provision: power pursuant to subs. (2) exercised (1.06.1988) by National Archives (Fees) Regulations 1988 (S.I. No. 226 of 1988), in effect as per art. 1(2); revoked (2.01.2013) by National Archives (Fees) Regulations 2012 (S.I. No. 503 of 2012), reg. 12, in effect as per art. 1(2).
E42
Previous affecting provision: function under subs. (3) transferred and reference to “Minister for the Public Service” construed (19.03.1987) as reference to the Minister for Finance by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), art. 4 and sch., subject to transitional provisions in arts. 5-9; superseded (29.07.2011) as per C-Note above.