45. (1) A secondary information source shall, subject to subsection (5) and sections 47 and 48 —

(a) retain, and

(b) maintain,

all relevant records held by it.

(2) A secondary information source shall, if directed by the Authority, and not later than 3 months after such direction is made, furnish to the Authority a statement, in such form as may be specified by the Authority, of the relevant records in its possession on the date on which the statement is made.

(3) Where a secondary information source that has furnished a statement in accordance with subsection (2) —

(a) becomes aware that a relevant record was in its possession on the date on which the statement was made but was not specified in the statement, or

(b) comes into possession of a relevant record,

it shall, as soon as practicable but in any event not later than 6 weeks after the date on which paragraph (a) or (b) applies, furnish to the Authority a statement, in such form as may be specified by the Authority, of the record.

(4) A statement under subsection (2) or (3) —

(a) shall state, in relation to each relevant record specified in it, its nature, current location and condition, and

(b) may contain personal data only to the extent that is necessary and proportionate for the discharging by the secondary information source concerned of its functions under this Part.

(5) Subsection (1) shall not apply to relevant records transferred by a secondary information source—

(a) in compliance with its obligations under the National Archives Act 1986, or

(b) in accordance with Action 8 of the plan known as the “Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions”.