Publication scheme and file list

Freedom of Information Act 2000: Publication Scheme

Introduction

Who we are and what we do

The Advisory Council on National Records and Archives (ACNRA) was established by the Lord Chancellor on 1 April 2003, to reflect his wider role in relation to archives following the bringing together of the Public Record Office and the Historical Manuscripts Commission within The National Archives.

The role of the ACNRA is to advise the Lord Chancellor, and through him other ministers as appropriate, on all matters relating to records and archives in the United Kingdom and in particular in England and Wales. It embraces two further bodies: the Advisory Council on Public Records, established by s1(2) of the Public Records Act 1958 to advise the Lord Chancellor on public records matters, and the Advisory Council on Historical Manuscripts, established by the Lord Chancellor to advise him on matters formerly the responsibility of the Historical Manuscripts Commission. The three bodies operate as one, under the name of the Advisory Council on National Records and Archives, and share the same members. The chairman is the Master of the Rolls.

The three component bodies of the ACNRA are all advisory Non Departmental Public Bodies, with no executive functions or powers, and are authorities under the Freedom of Information Act 2000. However, since they operate as one they are all covered by this one publication scheme, with the approval of the Information Commissioner. The Secretary is the officer responsible for this scheme and for administering it on the ACNRA's behalf.

The ACNRA has approved this scheme in draft, and will consider a report from the Secretary annually on the application of the Freedom of Information Act including any proposed amendments to this scheme.

The Advisory Council on National Records and Archives

The ACNRA's advice to the Lord Chancellor normally takes one of three forms:

• The annual report, which is published each summer with the annual report of The National Archives as a House of Commons sessional paper and is available for sale from The National Archives' bookshop, other official outlets and online at http://www.nationalarchives.gov.uk/advisorycouncil/default.htm
• Retention Instruments for the Lord Chancellor to approve when departments submit schedules of applications for retention of records (under s 3(4) of the Public Records Act) to the ACNRA. Applications not accepted by the ACNRA are not included on the Instrument signed by the Lord Chancellor. The role of the ACNRA in this process is set out in Part Two, Lord Chancellor's Code of Practice on the Management of Records under Section 46, Freedom of Information Act 2000. http://www.dca.gov.uk/foi/reference/imprep/codemanrec.htm#part10
• Matters relating to the application of the Freedom of Information Act 2000 to historical information contained in public records. This can include submissions or letters from the ACNRA to the Lord Chancellor. For example on matters relating to the ACNRA's role to advise the Lord Chancellor on the relative strengths of the public interest test considerations taken by departments who wish to close historical information.

Some of the work of the ACNRA is confidential, and appropriate exemptions may apply under the Freedom of Information Act 2000. The ACNRA recognises the public interest in access to information about its constitution, its work, and the advice it gives to the Lord Chancellor including the reasons for that advice. It also recognises, however, the public interest in maintaining the confidentiality of some of its papers and of the advice that it gives. Exempt confidential material normally takes one of four forms:

• Applications from departments under the Public Records Acts 1958 and 1967 for the retention of public records, or for their continued closure to public access, and papers about individual applications and about policy on sensitive areas. The provision of information about such material, and the ACNRA's advice on it, would prejudice the confidentiality which it seeks to protect;
• Information about the policies of The National Archives, which would fall under an exemption under the Freedom of Information Act and which it would not be in the public interest to reveal;
• Information received from third parties on confidential matters; and
• Personal information about members

Prior to the coming into force of the access provisions of the Freedom of Information Act, the provisions of the Open Government Code continue to apply to the ACNRA. Applications under the Code for information about the work of the Council should be made in writing, by post or email, to the Secretary

Purpose and approach

As required by s19 of the Freedom of Information Act, the ACNRA will publish information about its work on a proactive basis through a publication scheme. The purpose of this scheme is to minimise the need for members of the public who are or might be interested in the work of the ACNRA to make an individual request by making information available as widely and as readily as possible.

In drawing up this scheme, the aim has been to publish information about the constitution and membership of the ACNRA; information about the nature of the work which it is doing and where possible about the nature of the advice which it has given; and information to assist a member of the public to frame a request under the Open Government Code.

The scheme

Information in the following classes will be provided through the scheme, save where an exemption under the Open Government Code is mentioned and applies. Information will be published as stated free of charge. Where appropriate, applications to the Secretary should preferably be made in writing by post or email; replies will be sent within 20 working days of receipt.

• Role and functions: The terms of reference of the ACNRA, as set by the Lord Chancellor from time to time, will be published with the annual report and on the ACNRA's web pages, and made available on application to the Secretary. A statement of the role of the ACNRA will be published on the ACNRA's web pages and on noticeboards at The National Archives in Kew and made available on application to the Secretary
• Membership: The list of members of the ACNRA will be published in the annual report, on the ACNRA's web pages and on noticeboards at The National Archives in Kew and made available on application to the Secretary. The code of practice and the register of members' interests of the ACNRA will be made available on application to the Secretary
• Summaries of meetings of the Advisory Council: Within three weeks of the meeting to which each relates, summaries will be published on the ACNRA's web pages and on noticeboards at The National Archives in Kew; distributed to the Royal Historical Society, the House of Commons Library, the Institute of Historical Research and the British Academy; and made available on application to the Secretary. A summary may be removed from display when replaced by the next or at longer intervals. Once removed, information from it will be available in accordance with the Open Government Code. Summaries will give reasons for decisions taken by the ACNRA when giving advice to the Lord Chancellor, so far as is possible without revealing confidential information that is exempt under the Open Government Code. They will include information on records which are to be released following consultation with the ACNRA. Summaries have been published according to this procedure since 1997
• File lists: A list of those of the Council's files that are in the hands of the Secretary will be published on the ACNRA's web pages, and made available on application to the Secretary. Earlier files which have been selected for permanent preservation are (or will be) available to the public in accordance with the normal provisions for access to public records, in series PRO 42 at The National Archives. The catalogue of PRO 42 may be consulted through The National Archives online Catalogue

What we spend and how we spend it

• The ACNRA is a Ministry of Justice sponsored public body and receives its annual budget from The National Archives.
• The 2008/09 annual budget of the ACNRA is £4,500. This budget is used to cover the cost of travel and subsistence for Council members and the Secretary and hospitality for Council business. The cost of recruitment is met by a central recruitment budget within The National Archives.
• Council members are not salaried but are entitled to make a claim for expenses incurred through the performance of their duties such as transport costs and accommodation.
• The ACNRA has no plans for major capital expenditure.
• The National Archives receives funding through agreement with HM Treasury via the Government Spending Review process, which sets a three-year funding settlement.
• Expenditure incurred within the National Archives is subject to external audit review conducted annually by The National Audit Office and their audit opinion is reported within The National Archives Annual Report and Accounts.
• The post of Secretary to the Council is the only ACNRA post that is salaried and is funded by The National Archives at the pay grade F (salary range £30,050 - £44,190). The Chairman of the Council Rt Hon Sir Anthony Clarke is Chairman by virtue of his role as Master of the Rolls, Head of the Civil Division of the Court of Appeal and statutory custodian of the records of the Chancery of England.
• Any expenses for procurement will follow internal guidance of The National Archives.
• The ACNRA has no contracts that have gone through a tendering process.
• Expenditure for ACNRA is included within The National Archives Annual report and Accounts.
• All financial policy and procedures set by the National Archives are followed by the ACNRA.

Lale Ozdemir
Secretary to the Advisory Council on National Records and Archives
8 April 2008