Governing legislation

Taoiseach Micheal Martin at The Treaty 1921 event

The National Archives is governed by a number of acts and regulations.

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The National Archives Act, 1986 and Regulations, 1988

The National Archives Act, 1986 and Regulations, 1988 are the principle statutes applicable to the management of records of Departments of State, including their disposal or retention as archives. No legislation takes precedence over the National Archives Act, 1986 with regard to the management of public records.

Before destruction, retention or withholding of records can take place, the provisions as set out in the National Archives Act, 1986 and Regulations, 1988 must be adhered to.

Under this legislation, records of Government Departments and their agencies are transferred to the National Archives when they are 30 years old.

Authentication of Documents

The National Archives Act, 1986 (Authentication of Documents), Regulations, 1988 provides the legal basis for NAI to authenticate documents and provide a certified copy service.

The National Archives (Fees) Regulations, 2012

The National Archives (Fees) Regulations, 2012, outlines all fees for copying and authentication services.

The National Archives (Amendment) Act, 2018

The National Archives (Amendment) Act, 2018 extended the remit of the National Archives to take in departmental records 20 years and older which relate to Anglo-Irish matters. This was to come in line with changes to UK law which brought in a 20 year rule.

The 20 year rule has started with records from the following departments which were most closely associated with Northern Ireland peace process and North-South relations: the Department of the Taoiseach, the Department of Foreign Affairs, the Department of Justice and the Office of the Attorney General.