The National Archives is the archive for the UK government and for England and Wales. However, the Government of Wales Act 2006, Part 6, sections 146-148 makes provision for Welsh public records, carrying forward provisions originally made in the Government of Wales Act 1998. Sections 146-148 of the Government of Wales Act 2006 (GOWA 2006) make provision for a category of records known as ‘Welsh public records’. Records falling within this category are listed in section 148 of GOWA 2006.
Section 146 of GOWA 2006 provides that Welsh public records are governed by the Public Records Act until such time that the Secretary of State for Digital, Culture, Media and Sport makes an Order under section 147 imposing or conferring functions in respect of them (for example, a duty to preserve them) on either the Welsh Ministers, or a member of staff of the Welsh Government. In the event that such an order were made, this would, in effect, provide the authority to create a Welsh National Public Record Office.
The Senedd Cymru, or the Welsh Parliament, is the democratically elected body that represents the interests of Wales and its people, makes laws for Wales, and holds the Welsh government, or Llywodraeth Cymru, to account. The Welsh government is the executive branch of the Senedd consisting of the First Minister, Welsh Ministers and the Counsel General. The Welsh government is supported by civil servants throughout Wales who assist in policy development and implementation.
Welsh public records include the records of the Welsh government (Welsh Office from 1964 until 1999; of the National Assembly for Wales from May 1999 to June 2007; of the Welsh Assembly Government from June 2007 to May 2011) and a number of sponsored bodies affiliated to it. The records of the Senedd and the Senedd Commission are not Welsh public records under this legislation and the Senedd and Senedd Commission are responsible for their own records.
The records of the Senedd, Senedd Commission, Welsh Government and affiliated bodies are subject to the Freedom of Information Act 2000.
Until an Order under section 147 has been laid, The National Archives will continue to carry out its statutory functions in regard to Welsh public records in accordance with the Public Records Acts 1958. A Concordat between the Welsh Government and The National Archives formalises this arrangement: