National Archives Act 1986

Functions of Director of National Archives.

4

4.—(1) In addition to those referred to in section 3, the functions of the Director shall include—

(a) the control and management of the National Archives,

(b) the preservation, restoration, arrangement and description of archives in the custody of the National Archives,

(c) the examination and acquisition of Departmental records in accordance with this Act,

(d) the inspection and examination of arrangements for the preservation of Departmental records and, with the consent or at the request of the appropriate member of the Government, the examination of Departmental records,

(e) the giving of advice to a member of the Government and to any public service organisation on the management, preservation and reproduction of records under their control,

(f) the acquisition by purchase, donation, bequest or loan of any record or document, or of a copy of a record or document, appropriate for preservation by the National Archives and the observance of such conditions (if any) relating to such purchase, donation, bequest or loan as may be accepted by the Director,

F3[(fa) the performance of functions assigned to the Director under Part 3 of the Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024,]

(g) the preparation and making available of guides, lists, indexes and other finding aids to archives in the custody of the National Archives,

(h) the lending of archives by the Director, with the consent of the Council, to archival or educational institutions, libraries, museums, galleries, and other appropriate institutions and societies, whether in the State or elsewhere,

(i) the making and provision of copies and extracts from archives in the custody of the National Archives,

(j) the making available for public inspection in accordance with this Act of archives in the custody of the National Archives,

(k) the publication of archives, finding aids and other material relating to archives in the custody of the National Archives,

(l) the provision of such educational services as the Taoiseach may from time to time approve,

(m) such functions in relation to management of records as may from time to time be approved by the Taoiseach.

(2) The Taoiseach may from time to time assign to the Director such other functions as are analogous to or consistent with the functions specified in subsection (1) and any additional functions conferred under subsection (3).

(3) (a) The Government may by order confer additional functions on the Director, and may by order amend or revoke an order under this subsection.

(b) Every order made under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(4) In the event of the office of Director being vacant or of the incapacity or absence of the Director, the Taoiseach may authorise an officer of the National Archives to perform any or all of the functions conferred on the Director under this Act.

Annotations

Amendments:

F3

Inserted (5.11.2024) by Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 (37/2024), s. 12, S.I. No. 600 of 2024.

F4

Inserted (25.12.2015) by Harbours Act 2015 (61/2015), s. 12 and sch. 2 item 5(a), commenced on enactment.

Modifications (not altering text):

C10

Additional function of Director provided for (14.10.2015) by Freedom of Information Act 2014 (30/2014), s. 8(11)(b), commenced as per s. 1(4).

Interpretation

2. (1) In this Act—

...

“Commissioner” means the office of Information Commissioner continued in being by section 43 or the holder of that office, as the case may be;

...

“Minister” means the Minister for Public Expenditure and Reform;

...

Publication of information about FOI bodies

8. ...

(11) (a) ...

(b) Notwithstanding the generality of section 3(1)(b), the Minister may, by regulations made under that subsection, after consultation with the Commissioner and the Director of the National Archives (within the meaning of the National Archives Act 1986), make provision for the management and maintenance of records held by FOI bodies.

...

C11

Certain functions of Minister capable of being delegated to Director (3.05.2005) by National Cultural Institutions Act 1997 (11/1997), s. 51(1)(a)(iii) , S.I. No. 218 of 2005.

Export licences.

50.—(1) (a) Subject to the provisions of this section, the Minister shall, on the application of a person in that behalf, grant to that person a licence authorising the person to export an article to which this Part applies (referred to in this Act as “a licence”).

...

Delegation of functions of Minister.

51.—(1) The Minister may by order delegate such one or more of his or her functions as he or she specifies in the order—

(a) under section 50—

...

(iii) in relation to documents, to the Board of the Library, the Heritage Council or the Director of the National Archives,

or such class or classes of any one or more of the foregoing as he or she may specify in the order,

(b) ...

C12

Additional function of Director provided for (3.05.2005) by National Cultural Institutions Act 1997 (11/1997), s. 67, S.I. No. 218 of 2005.

Advice to Heritage Council.

67.—The Minister may direct a Board, the Director of the National Archives or the Governors and Guardians from time to time as occasion requires to make available to the Heritage Council such advice as it may require to assist it in the performance of its functions.

C13

Additional function of Director provided for (1.01.2002) by Local Government Act 2001 (37/2001), s. 80(4), 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.

...

(4) The Minister [for Housing, Local Government and Heritage] may, after consultation with the Director of the National Archives, give advice or directions to local authorities in relation to any matter relating to local records and local archives and, in particular and without prejudice to the foregoing, in relation to—

(a) the retention, management, preservation, restoration and reproduction of local records and local archives,

(b) the certification of local records to be unsuitable for classification as local archives, and the review of such certification at specified intervals,

(c) the availability of local archives for public inspection,

(d) the making and provision of copies and extracts from local archives,

(e) circumstances in which local archives, or particular classes of local archives, may be withheld from public inspection,

(f) the preparation of guides, lists, indexes and finding aids to local archives,

(g) the lending of local archives to appropriate institutions, bodies and societies, whether in the State or elsewhere, and

(h) the disposal of local records and local archives.

...

C14

Additional function of Director provided for (21.12.2001) by Heritage Fund Act 2001 (44/2001), s. 9(2), S.I. No. 656 of 2001.

Council.

9.—(1) IOn the coming into operation of this Act there shall stand established a body to be known as the Council of National Cultural Institutions or, in the Irish language, an Chomhairle um Fhorais Chultúir Náisiúnta (in this Act referred to as “the Council”).

(2) The Council shall consist of the following members, that is to say:

...

(j) the Director of the National Archives.

C15

Additional function of Director provided for (2.06.1997) by National Cultural Institutions Act 1997 (11/1997), s. 47(1), S.I. No. 218 of 2005.

Lending and acquisition of cultural objects.

47.—(1) Without prejudice to any provisions contained in any bequest or agreement, a Board, the Governors and Guardians, the Director of the National Archives (with the consent of the National Archives Advisory Council) or any other cultural institution designated by order by the Minister, may lend to, transfer, borrow from, or exchange with any other institution referred to in this subsection or standing designated for the time being under subsection (3) any cultural objects in the collection of the institution on such terms and conditions as may be determined by the institutions concerned.

...

C16

Additional function of Director provided for by Harbours Act 1996 (11/1996), s. 92(3), 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.—(1) Each of the following, namely, a company and a harbour authority, shall, subject to the provisions of this section, make arrangements for—

(a) the proper management, custody, care and conservation of its or their records and archives, and

(b) the inspection by the public of its or their archives.

...

(3) The Minister [for Transport, Tourism and Sport] F4[, or, in the case of a transferred company, the local authority chief executive concerned,] may, after consultation with the Minister for the Environment and the Director of the National Archives, give advice, or, as the Minister [for Transport, Tourism and Sport] F4[, or, in the case of a transferred company, the local authority chief executive concerned,] thinks appropriate, directions, to a company or a harbour authority in relation to any matter relating to its or their records and archives and, in particular and without prejudice to the foregoing, in relation to the doing of any of the following things by the company or harbour authority as respects its or their records and archives (which each company and harbour authority is hereby empowered to do), namely—

(a) the retention, management, preservation, restoration and reproduction of records and archives,

(b) the certification of records to be unsuitable for classification as archives, and the review of such certification at specified intervals,

(c) the availability of archives for public inspection,

(d) the making and provision of copies and extracts from archives,

(e) circumstances in which archives, or particular classes of archives, may be withheld from public inspection,

(f) the preparation of guides, lists, indexes and finding aids to archives,

(g) the lending of archives to appropriate institutions, bodies and societies, whether in the State or elsewhere, and

(h) the disposal of records and harbour archives,

and the company or harbour authority shall have regard to any such advice and shall comply with any such directions.

...

Editorial Notes:

E10

Previous affecting provision: additional function of Director provided for (21.04.1998) by Freedom of Information Act 1997 (13/1997), s. 15(5), commenced as per s. 1(2); repealed (14.10.2014) by Freedom of Information Act 1997 (30/2014), s. 5 and sch. 4, commenced as per s. 1(2).

E11

Previous affecting provision: additional function of Director provided for (1.11.1994) by Local Government Act 1994 (8/1994), s. 65(3), 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.