National Archives Act 1986
National Archives Advisory Council.
20.—(1) The Taoiseach shall establish a Council, to be known as the National Archives Advisory Council (and referred to in this Act as “the Council”), to advise him in the exercise of his powers under this Act, and on all matters affecting archives and their use by the public, and to discharge the other functions conferred on it by this Act.
(2) The Council shall consist of a chairman and not more than eleven other members, appointed by the Taoiseach on such terms and conditions as shall be determined by him, after consultation with the Minister for the Public Service.
(3) (a) The members of the Council shall include not less than two members of the Irish Manuscripts Commission and not less than two archivists not employed by the National Archives.
(b) The Director shall be entitled to attend meetings of the Council.
(4) The Taoiseach may at any time terminate the appointment of the chairman or any other member of the Council.
Annotations
Amendments:
F13
Inserted (25.12.2015) by Harbours Act 2015 (61/2015), s. 12 and sch. 2 item 5(b), commenced on enactment.
Modifications (not altering text):
C25
Additional function of Council provided for (1.01.2002) by Local Government Act 2001 (37/2001), s. 80(6), S.I. No. 588 of 2001.
Records and archives of local authorities.
80.—(1) In this section—
“local archives” includes—
(a) such records and documents (including copies) as are, at the commencement of this section, held by any local archives service operated by any local authority (whether alone or in co-operation with another person or body),
(b) archival material acquired by a local authority under subsection (3), and
(c) other local records which are more than 30 years old, except such records as are certified, in accordance with directions under subsection (4), to be unsuitable for classification as local archives;
“local records” includes books, maps, plans, drawings, papers, files, photographs, films, micro-films and other micrographic records, sound recordings, pictorial records, magnetic tapes, magnetic discs, optical or video discs, other machine-readable records, other documentary or processed material made or received, and held in the course of its business or as successor to any other body by a local authority and includes copies of any such records duly made, but does not include—
(a) grants, deeds or other documents of title relating to property for the time being vested in the local authority, and
(b) any part of the permanent collection of a library, museum or gallery.
...
(6) Without prejudice to subsection (4), the National Archives Advisory Council may advise the Minister [for Housing, Local Government and Heritage] on any matter affecting local archives and their use by the public.
...
C26
Additional function of Council provided for by Harbours Act 1996 (11/1996), s. 92(6), commenced:
• (10.05.2002) by Harbours Acts, 1996 and 2000 (Commencement) (No. 6) Order 2002 (S.I. No. 184 of 2002), in relation to the Wicklow Port Company;
• (9.05.2002) by Harbours Acts, 1996 and 2000 (Commencement) (No. 5) Order 2002 (S.I. No. 181 of 2002), in relation to the Dundalk Port Company;
• (11.01.1999) by Harbours Act, 1996 (Commencement) (No 4) Order 1998 (S.I. No. 542 of 1998), in relation to the Port of Waterford Company;
• (3.03.1997) by Harbours Act, 1996 (Commencement) Order 1997 (S.I. No. 95 of 1997), as regards each harbour authority and as regards each of the following companies: Port of Cork Company, Drogheda Port Company, Dublin Port Company, Dun Laoghaire Harbour Company, Foynes Port Company, Galway Harbour Company, New Ross Port Company and Shannon Estuary Ports Company.
Records and archives of companies and harbour authorities.
92.— ...
(6) Without prejudice to subsection (3), the National Archives Advisory Council may advise the Minister [for Transport, Tourism and Sport] F13[, or, in the case of a transferred company, the local authority chief executive concerned,] on any matter affecting archives of companies and harbour authorities and their use by the public.
C27
Function under subs. (2) transferred and reference to Minister for the Public Service construed as Finance (19.03.1987) 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.
4. (1) The functions vested in the Minister for the Public Service—
(a) by or under the Ministers and Secretaries (Amendment) Act, 1973 (No. 14 of 1973), or the statutes mentioned in the Schedule to this Order, and
(b) by virtue of the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 (S.I. No. 294 of 1973),
are hereby transferred to the Minister for Finance.
(2) References to the Minister for the Public Service contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Finance.
...
Schedule
Acts, functions under which are transferred to the Minister for Finance
...
National Archives Act, 1986 (No. 11 of 1986);
...
Editorial Notes:
E43
Positions of chair and members of the National Archives Advisory Council prescribed for the purposes of the definition of “designated directorship” in Ethics in Public Office Act 1995 (22/1995), s. 2 (25.04.2008) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) Regulations 2004 (S.I. No. 699 of 2004), art. 4 and the substitution of the schedule thereto (25.04.2008) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of and Positions in Public Bodies) (Amendment) Regulations 2008 (S.I. No. 146 of 2008), in effect as per art. 1(2). Schedule further substituted:
• (11.07.2013) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2018 (S.I. No. 484 of 2018), art. 2;
• (11.07.2013) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2013 (S.I. No. 271 of 2013), art. 2;
• (1.01.2013) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) (No. 2) Regulations 2012 (S.I. No. 582 of 2012), art. 2, in effect as per art. 1(2);
• (1.01.2012) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2011 (S.I. No. 707 of 2011), art. 2, in effect as per art. 1(2);
• (1.01.2011) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) (No. 3) Regulations 2010 (S.I. No. 645 of 2010), art. 2(b), in effect as per art. 1(2);
• (1.01.2010) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2010 (S.I. No. 15 of 2010), art. 2(b), in effect as per art. 1(2);
• (1.01.2009) by Ethics in Public Office (Prescribed Public Bodies, Designated Directorships of Public Bodies and Designated Positions in Public Bodies) (Amendment) Regulations 2008 (S.I. No. 607 of 2008), art. 2(b) and sch., in effect as per art. 1(2).
E44
National Archives Advisory Council designated as a "public body" for the purposes of the Official Languages Act 2003 (30.10.2003) by Official Languages Act 2003 (32/2003), s. 2(1) and sch. 1, S.I. No. 518 of 2003.
E45
Previous affecting provision: National Archives Advisory Council designated as a "public body" for the purposes of the Freedom of Information Act 1997 (21.04.1998) by Freedom of Information Act 1997 (13/21997), s. 2(1) and sch.1 para. 1(2), commenced as per s. 1(2); repealed (14.10.2014) by Freedom of Information Act 2014 (30/2014), s. 5 and sch. 4 part 1, commenced on enactment as per s. 1(2).
E46
Previous affecting provision: additional function of Council provided for (1.11.1994) by Local Government Act 1994 (8/1994), s. 65(6), S.I. No. 315 of 1994; repealed (1.01.2002) by Local Government Act 2001 (37/2001), s. 5(1) and sch. 3 part 1, S.I. No. 588 of 2001; replaced (1.01.2002) as per C-Note above