Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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Chapter 2

Records

Protection of records in certain circumstances

159. (1) In this section—

“personal representative” has the meaning assigned to it under the Succession Act 1965 ;

“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, and other documentary material in whatever form including in an electronic or other non-legible form which is capable of being converted into a permanent legible form;

“relevant archaeological objects” means any archaeological objects found or uncovered in the course of any work or activity carried out under, or held under or for the purposes of, a new authorisation or old authorisation;

“relevant records” means any records relating to the results or findings of any work or activity carried out under a new authorisation or old authorisation, or to the recording of such results or findings or the preparation of a report on them, but does not include records of a solely financial or administrative character.

(2) Subject to subsection (3), where a company is ordered to be wound up or a resolution is passed for the voluntary winding up of a company or an individual dies and such company or individual, as the case may be, has or had, at the time of such order, resolution or death, as the case may be, relevant records or relevant archaeological objects in his or her possession, then the company (or, as appropriate, the liquidator or receiver thereof) or the personal representative of such individual, as the case may be, shall notify the relevant authority in the prescribed manner of the following matters:

(a) that the company has been ordered to be wound up or that a resolution for voluntary winding up has been passed or that the individual has died, as the case may be;

(b) the identity of the company or individual, as the case may be;

(c) the site of the relevant records or relevant archaeological objects;

(d) such other matters as may be prescribed.

(3) Notice under subsection (2) shall be given as soon as is practicable and, in any event, not later than 21 days after the order or resolution for winding up or the death of the individual, as the case may be, unless in the case of the death of the individual an administrator is appointed in respect of that individual’s estate, in which case notice shall be given not later than 7 days after the appointment of such administrator.

(4) (a) Relevant records in the possession of a company which has been ordered to be wound up or in respect of which a resolution has been passed for its voluntary winding up or of a personal representative shall not be damaged, destroyed, disposed of, by a person or sold or transferred by a person from the possession or custody of the company (or, as appropriate, the liquidator or receiver thereof) or personal representative, as the case may be, except with the consent of the Minister and in accordance with any directions given by the Minister, who shall consult any other relevant authority for the purposes of this subsection prior to giving such consent or directions.

(b) Paragraph (a) shall apply to relevant archaeological objects as that paragraph applies to relevant records.

(5) Subsection (4) applies whether or not the order was made, resolution was passed or death occurred, as the case may be, before, on or after the commencement of this section.

(6) In subsections (2) and (4), “relevant authority” means the person who issued the new authorisation or old authorisation concerned, but where there would be more than one such person, it shall be sufficient for notice under that subsection to be given to the Minister who shall inform the other relevant authorities of receipt of such notice.