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A LAW to amend the Public Records (Jersey) Law 2002.

THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law –

“administration of the States” means –

(a)     a department established on behalf of the States; and

(b)     a body, office or unit of administration established on behalf of the States (including under an enactment);

(2)     Regulations made under paragraph (1)(f) may –

(a)     prescribe a person to be a public institution for the purposes of this Law; and

(b)     be amended by Order of the Minister, on the recommendation of the Panel.

(4)     If there is a dispute as to whether an entity falls within paragraph 5(1)(b) or (g)(iv), the entity or the Archivist must refer the dispute to the Minister, whose decision on the matter is final.

(b)     inspect, assess, acquire, appraise and catalogue public records;

(ba)    dispose of (or authorise the disposal of) public and other records, and survey that disposal;

(bb)    preserve and conserve records in the custody or control of the Trust and other records;

(2A)  If the Panel becomes aware that a public institution is in breach of its duty of records management, the Panel may notify the Minister, who may take the steps that the Minister, on the advice of the Panel, considers necessary.

38A   Code of Practice

(1)     The Minister must publish a Code of Practice to assist public institutions with the performance of their duty of records management under this Law.

(2)     Compliance with the Code of Practice must be taken into account in determining whether a public institution has complied with its duty of records management.

(3)     The Code may be published by making electronic copies available on a website, or by making printed copies available to public institutions.

(3)     A report under this Article may include details of the steps taken under Article 38(2A) in relation to a public institution in breach of its duty of records management.