Retaining departmental records
The National Archives Act, 1986 8(2) allows for the retention of records in regular use in a Department of State.
The National Archives Act, 1986 1(2) defines Department of State as not only the head office of a Department and its sub-offices, but also the courts and the bodies listed in the schedule to the Act. The term, therefore, refers to almost all bodies staffed by civil servants, including the Defence Forces and An Garda Síochána.
A departmental record is defined in the National Archives Act, 1986 2(2) as any record in any form made or received, and held in the course of its business, by a Department of State, or any body which is a committee, commission or tribunal of enquiry appointed by the Government. It does not include:
- Instruments of title relating to property for the time being vested in the state, and
- Any part of the permanent collection of a library, museum or gallery.
A Certificate of Retention of Records, signed by the Certifying Officer in the department, must be sent to the Consenting Officer in the Department of the Taoiseach for approval. All Certificates of Retention of Records must be reviewed by the Certifying Officer every 5 years. Where a record is no longer required for business use it must be transferred to the National Archives.
Completing a Certificate of Retention of Records under the National Archives Act, 1986 8(2)
- Before records can be retained by the Department of State under section 8(2), a Certificate of Retention of Records must be completed.
- The Certificate of Retention of Records must be completed on departmental headed paper and signed by the Certifying Officer.
- The Certificate should be attached to the schedule of records to be retained in the department and filed appropriately.
- The records are retained in the Department of State once the necessary permission has been obtained.
- A copy of the Certificate of Retention of Records, with a schedule of retained records (in paper and electronic format), must be sent to the Director of the National Archives and the Consenting Officer, Department of the Taoiseach.
- All Certificates of Retention of Records must be reviewed by the Certifying Officer every 5 years. Where a record is no longer required for the reasons stated above it must be transferred to the National Archives.
A sample certificate to retain records, or part of a record, under section 8(2) is available at Appendix 4, National Archives Act, 1986, Regulations, 1988.
A sample form to review records retained under section 8(6) and 10(5) is available at Appendix 7, National Archives Act, 1986, Regulations, 1988.