Power to add further categories of records and to determine cases of doubtU.K.
7(1)Without prejudice to the Lord Chancellor’s power of making orders under paragraph 4 of this Schedule, Her Majesty may by Order in Council direct that any description of records not falling within the foregoing provisions of this Schedule [F1and not being Welsh public records (as defined in [F2the Government of Wales Act 2006])] shall be treated as public records for the purposes of this Act but no recommendation shall be made to Her Majesty in Council to make an Order under this sub-paragraph unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.U.K.
(2)A question whether any records or description of records are public records for the purposes of this Act shall be referred to and determined by the [F3Secretary of State] and the [F3Secretary of State] shall include his decisions on such questions in his annual report to Parliament and shall from time to time compile and publish lists of the departments, bodies, establishments, courts and tribunals comprised in paragraphs 2, 3 and 4 of this Schedule and lists describing more particularly the categories of records which are, or are not, public records as defined in this Schedule.
Textual Amendments
F1Words in Sch. 1 para. 7(1) inserted (1.4.1999) by 1998 c. 38, s. 125, Sch. 12 para. 3(6) (with ss. 139(2), 141(1)); S.I. 1999/782, art. 2
F2Words in Sch. 1 para. 7(1) substituted by Government of Wales Act 2006 (c. 32) , s. 160(1), {Sch. 10 para. 7(d)}, the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.
F3Words in Sch. 1 para. 7(2) substituted (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), art. 1(2), Sch. para. 1(3)(j)
Modifications etc. (not altering text)
C1Sch. 1 para. 7(2): transfer of functions (9.12.2015) by The Transfer of Functions (Information and Public Records) Order 2015 (S.I. 2015/1897), arts. 1(2), 6(1)(a), (2)(g) (with art. 7)