Bermuda Archives Act 1974

1 Interpretation

2 Establishment of the Bermuda Archives

3 Archives to be under gen eral control of Minister

4 Establishment of Archives Advisory Council

5 Functions of Archivist

6 Establishment of Records Committee

7 Establishment of Archives Fund

8 Access to records and public archives

9 Conditions of inspection of records and public archives

10 Reproduction of public archives

11 Selection and preservation of records

12 Destruction of records

13 Transfer of records

14 Admissibility of examined or certified copy of records etc. produce Bermuda Archives

15 Regulations

16 [omitted]

Schedule [omitted]

[29 April 1974]

[preamble and words of enactment omitted]

Interpretation

1 In this Act —

"Archivist" means the person appointed to be the Archivist under section 5;

"the Bermuda Archives" means the Archives office established under section 2;

"the Council" means the Archives Advisory Council established under section 4;

"court" means any court established by law;

"judicial records" means all records of proceedings of an court and all other records, documents or books which

(a) are in the custody of any court or of any officer of any court in his capacity as such; or

(b) have been transferred to the Bermuda Archives;

"the Minister" means the Minister for the time being responsible for the administration of the Bermuda Archives;

"prescribed" means prescribed by regulations under section 15;

"public archives" means —

(a) all public records and judicial records which —

(i) are more than thirty years old; and

(ii) are specified by the Records Committee as being of enduring or historical value and worthy of perma nent preservation; and

(iii) have been transferred to the Bermuda Archives; or

(b) any document, book or other material acquired for the Bermuda Archives by the Archivist under section 5(i);

"public records" means any records or documents, other than judicial records, drawn up for the purpose of, or used during, the conduct of affairs of any kind of the Government which —

(a) are in the custody of any person or Department; or

(b) have been transferred to the Bermuda Archives,

and in cludes not only written records but records conveying information by any means whatsoever;

"Records Committee" means the Committee established under section 6.

Establishment of the Bermuda Archives

2 (1) There shall be established an archives office which shall be known as the Bermuda Archives wherein shall be preserved public archives, public records and judicial records in accordance with this Act.

(2) Subject to section 3, the Bermuda Archives shall be under the supervision of the Archivist who shall be responsible for the care and preservation of public archives, public records and judicial records in the custody of the Bermuda Archives.

Archives to be under general control of Minister

3 The Bermuda Archives shall be under the general control and management of the Minister and for the purposes of this section he may give such general or special directions as he may see fit.

Establishment of Archives Advisory Council

4 (1) There shall be an Archives Advisory Council comprising at least five members to advise the Minister on matters concerning public archives in general and, in particular, on those aspects of the work of the Bermuda Archives which affect members of the public who make use of the facilities provided by the Bermuda Archives.

(2) The Chief Justice shall be Chairman of the Council and the remaining members shall be appointed by the Governor, acting on the advice of the Minister, and shall hold office during the Governor's plea sure:

Provided that—

(a) the Bermuda National Trust shall have the right to nominate a person for appointment as a member of the Council and, where that right is exercised, the Minister shall be bound to advise the Governor to make the ap pointment;

(b) one member each may be appointed a member of the Council on the nomination of the Bermuda Historical Society, the Bermuda Maritime Museum Association and the St. George's Historical Society; and

(c) where a person is appointed a member of the Council pursuant to the nomination of one of the above-men tioned bodies his appointment shall be expressed in terms that he represents that body on the Council.

(3) Fees shall be paid to members of the Council in accordance with the Government Authorities (Fees) Act 1971 [title 14 item 6].

(4) In the exercise of his powers and duties under this Act the Minister may consult with the Council.

Functions of Archivist

5 (1) For the purposes of this Act there shall be appointed an Archivist who, subject to the general or special directions of the Minis ter,—

(a) shall be responsible for the administration of the Bermuda Archives;

(b) shall examine any public records in the custody of any Government Department, or any judicial records in the custody of any court, and shall advise such Department or court on the care and custody thereof;

(d) shall accept and store any public records or judicial records which are transferred to the Bermuda Archives and shall return them at the request of the Department or court from whom they were transferred;

(e) shall compile and make available indexes, inventories and guides to the public archives;

(f) shall ensure that, subject to this Act, facilities are avail able to the public for inspecting and obtaining copies of public archives;

(g) may, if in his opinion it is necessary for their better preservation, bind or repair any public archives and any records and judicial records which have been transferred to the Bermuda Archives;

(h) may, subject to the terms and conditions, if any, on which they were acquired, reproduce or publish any public archives the reproduction or publication of which the Minister has authorised;

(i) may acquire by purchase, donation, bequest or other wise any document, book or other material which in his opinion or the opinion of the Council is likely to be of historical value;

(j) may make arrangements with any person for the loan, deposit or exhibition of original records, documents or other material of historical value.

(2) For the purpose of assisting the Archivist in the discharge of his functions under this Act there may be appointed such other public officers as may from time to time be authorised by the Governor.

[section 5 amended by 1998 : 20 effective 18 June 1998]

Establishment of Records Committee

6 (1) The Minister shall appoint a committee to be known as the Records Committee consisting of a Chairman, who shall be the Archivist, and at least three other public officers.

(2) Subject to this Act, the Records Committee shall make rec ommendations to the Minister on the following matters —

(a) the retention or destruction of public records and judi cial records;

(b) the transfer of public records and judicial records to the Bermuda Archives;

(c) the conditions and restrictions, if any, upon which any public records or public archives may be inspected or published;

(d) the classification of public records and judicial records for any of the purposes mentioned in paragraph (a) or (b); and

(e) any other matters which may be prescribed.

(3) The Records Committee shall signify to the Minister those public records and judicial records which, in the opinion of the Commit tee, are of enduring or historical value.

(4) The Minister may give directions for the purpose of giving effect, whether with or without modification, to the recommendations made by the Records Committee under this section.

Establishment of Archives Fund

7 (1) There shall be established an Archives Fund to be used for the purchase of any record, document or other material which in the opinion of the Council is, or is likely to be, of historical value.

(2) There shall be paid into the Archives Fund such sums as the Legislature may appropriate thereto.

(3) Notwithstanding anything in section 9 of the Public Trea sury (Administration and Payments) Act 1969 [title 14 item 1], monies appropriated to the Archives Fund under subsection (2) shall not lapse or accrue to the Consolidated Fund if unexpended at the expiration of the financial year in respect of which they are appropriated.

(4) No expenditure shall be charged to the Archives Fund un less the approval of the Minister is given thereto in writing.

Access to records and public archives

8 (1) Public records and judicial records in the Bermuda Archives, other than those to which the members of the public had ac cess before their transfer to the Bermuda Archives, shall not be available for public inspection until they have been in existence for thirty years or such other period, either longer or shorter, as the Minister may for the time being prescribe.

(2) Without prejudice to the generality of subsection (1), if it appears to the person responsible for any public records and judicial records which have been selected under section 11 for permanent preservation that they contain information which was obtained from members of the public under such conditions that the opening of those records to the public after the period determined under subsection (1) would or might constitute a breach of good faith on the part of Govern ment or on the part of the persons who obtained the information, he shall inform the Minister accordingly and those records shall not be available in the Bermuda Archives for public inspection even after the expiration of that said period except in such circumstances as the Min ister and that person may approve.

(3) Subsection (1) shall not make it unlawful for the Archivist to permit a person to inspect any records if he has obtained authority from the Minister under section 9.

Conditions of inspection of records and public archives

9 (1) No person other than an officer of the Bermuda Archives may inspect any public records or judicial records, other than public archives, which have been transferred to the Bermuda Archives without the written authority of the Minister.

(2) Any person may inspect public archives subject to —

(a) any conditions or restrictions prescribed by the Minister or imposed by the person from whom they were ac quired; and

(b) such conditions as the Archivist may consider

necessary for their preservation.

(3) The Bermuda Archives shall be open for the inspection of public archives and records during such hours as may be specified by the Minister by notice in the Gazette.

Reproduction of public archives

10 (1) Subject to subsection (2), no person may publish or repro duce the whole or any part of the public archives or public records which have been transferred to the Bermuda Archives except —

(a) in the case of public archives mentioned in paragraph (a) of the definition of public archives in section 1, with the written authority of the Minister and in accordance with such conditions as the Minister may prescribe; or

(b) in the case of public archives mentioned in paragraph (b) of the definition of public archives in section 1, in accor dance with any conditions imposed by the person from whom the particular archives in question were acquired; or

(c) in the case of public records transferred to the Bermuda Archives which do not form part of the public archives, with the written authority of the Minister.

(2) Without prejudice to Section 440 of the Criminal Code [title 8 item 31], any person who contravenes subsection (1) or fails to comply with any condition imposed thereunder commits an offence:

Punishment on summary conviction: imprisonment for 6 months or a fine of $5,000.

(3) Nothing in this section shall affect or extend the law relating to copyright.

Selection and preservation of records

11 (1) Every public officer responsible for public records and judi cial records of any description which are not in the Bermuda Archives, shall make arrangements for the selection of those records which ought to be preserved permanently and for their safe-keeping.

(2) Every public officer shall perform his duties under this sec tion under the guidance of the Archivist who shall be responsible for co ordinating and supervising action taken under this section.

(3) All public records and judicial records created up to the end of the year 1900 shall be permanently preserved.

Destruction of records

12 Public records and judicial records rejected as not required for permanent preservation may be destroyed only in accordance with the directions given by the Minister under section 6.

Transfer of records

13 Public records which are in the custody of a Department, and judicial records which are in the custody of a court, and which have been selected for permanent preservation, shall be transferred to the Bermuda Archives—

(a) when they are thirty years old, or earlier if they are not required for current administration;

(b) if the Commission, Committee, Board of Inquiry or other body to whose activities they relate, has ceased to exist;

(c) forthwith if they constitute an original Act, trade or commercial agreement, treaty, important constitutional document or major contract (other than a works con tract):

Provided that any such records may be retained by the person responsible for them if, in his opinion, they are required for administra tive purposes or ought to be retained for any other special reason and, where that person is not the Minister, if the Minister has given his ap proval.

Admissibility of examined or certified copy of records etc. produce Bermuda Archives

14 Without prejudice to section 55 of the Evidence Act 1905 [title 8 item 10], a copy or extract from any record, book or document in the custody of the Bermuda Archives and purporting to be examined and certified as true and authentic by the Archivist or other officer of the Bermuda Archives and to be sealed or stamped with the seal of the Bermuda Archives shall be admissible as evidence in any proceedings without any further or other proof thereof if the original record, book or document would have been admissible in evidence in those proceedings.

Regulations

15 (1) The Minister may make regulations for any matter which may be prescribed under this Act and generally for the better carrying

out of the objects and purposes of this Act.

(2) Without derogation from the generality of the provisions of subsection (1) regulations may —

(a) provide for the preservation and protection of public archives, records and judicial records in the Bermuda Archives;

(b) specify the conditions under which any of the records, judicial records or public archives in the custody of the Bermuda Archives may be inspected, examined, copied or reproduced;

(d) provide for the imposition of penalties not exceeding a fine of one hundred dollars for breach of the regulations.

(3) The negative resolution procedure shall apply to regulations made under this section.

Amendment of Acts set out in Schedule

16 [omitted]

SCHEDULE

[omitted]

Bermuda Consolidated Legislation

Bermuda Archives Act 1974