Archive terms and conditions of deposit

 

Archive terms and conditions of deposit

Perth & Kinross Council Archive holds the official archives of Perth and Kinross Council and its predecessor authorities. It accepts the internal transfer of records from the parent authority and transfer by other bodies.  

Under sections 53 and 54 of the Local Government etc. (Scotland) Act 1994, the Council is empowered to accept privately owned records by way of gift, purchase, indefinite loan, or temporary deposit. Records are also accepted under Charge and Superintendence conditions from the Keeper of the Records of Scotland.

All records received will be held for the benefit of the public, subject to the following terms of deposit.

Terms of deposit

The terms of deposit are intended to secure the safe preservation of the records and to protect the interests of the depositor while permitting public access for research.  

The Archive makes no charge for the deposit of privately owned records, or for the arrangement, cataloguing and repair of such records subject to the removal of records conditions outlined below.  

The Archive reserves the right to return to the depositor or to destroy, with Depositor consent, any items of no historical value.  

The depositor is furnished with a receipt for records deposited or donated and with a catalogue of the records when that has been completed, should they request one.  

Gifts

Physical legal ownership of gifted archives, is transferred to Perth & Kinross Council Archive and its successors, and the donor can also transfer copyright to the Archive.  

Special conditions may be agreed between the Council Archive and the Depositor at the time of the gift. Such conditions may include provision for restriction of access to all or part of the archives loaned, although any restrictions should not be excessive and to the detriment of researchers and be based on the exemptions detailed in the Freedom of Information (Scotland) Act, 2002  

Temporary and indefinite loan

Where records are deposited on temporary or indefinite loan, the Depositor is required to notify Perth & Kinross Council Archive of any change of address  

The Depositor of records on indefinite loan should indicate to whom ownership of the documents should pass after his/her lifetime.  

The Depositor retains the right to withdraw all or part of the archives loaned by them upon reasonable notice and at their own charge, subject to the Removal of Records conditions outlined below, or to any special conditions agreed upon at the time of the loan.  

Under the terms of the Data Protection Act (1998) the Depositor remains the Data Controller for all records deposited as temporary or indefinite loans and is responsible for all the implications of such a role under the terms of the Act.  

Archives accepted by the Council Archive will be produced for study by any bona fide researcher under conditions of supervision similar to those provided for the Council's own records.

Special conditions may be agreed between the Council Archive and the Depositor at the time of the loan. Such conditions may include provision for restriction of access to all or part of the archives loaned, although any restrictions should not be excessive and to the detriment of researchers and be based on the exemptions detailed in the Freedom of Information (Scotland) Act, 2002  

All reasonable care is taken of records placed in the custody of the Council Archive, but no liability for loss or damage to documents on loan is accepted. 

Owners of records deposited with Perth & Kinross Council Archive should ideally make their own insurance arrangements.   

Care of the records

Records may be held in the AK Bell Library, Perth, or any other appointed accommodation deemed suitable by the Council Archivist  

Records are stored in accommodation which broadly conforms to the British Standard Recommendations for the Storage and Exhibition or Archival Documents (BS 5454:2000).  

Records will undergo such conservation and restoration as is deemed necessary by the Archivist. Owners of deposited records may be asked to contribute to the cost of treatment  

For their security and identification, the records are numbered with a reference code. They may be copied for security purposes, and in appropriate cases the Archivist may only permit the public to study facsimiles to avoid damage to the original records.

Records may be removed from the Council Archive by staff of the Council Archive for

• repair
• reprographic purposes
• the purpose of exhibition, presentation or lecture arranged by the office, the archive remaining in the custody of a member of staff or in the custody of some body or person appointed for this purpose by the office
• deposit in another recognised archives repository for purpose of study or exhibition, subject to the consent of the owner
• production in a court of law, subject to the consent of the owner  

Original records may be displayed without further consent of the Depositor in exhibitions or for presentations held in premises controlled by the Council, or in circumstances where the records remain in the custody of a member of Archive Staff.

Deposited records will not, however, be loaned or displayed by other bodies without the written consent of the Depositor.    

Removal of records

The Depositor of documents, his accredited representative or successor in title, may temporarily or permanently remove records deposited in the Archives on giving reasonable notice and proof of ownership.  

Owing to the high cost of cataloguing and repair work, the Council reserves the right to reclaim the cost of repair, conservation, listing or administration of the records if records are permanently withdrawn within ten years of work being completed.  

The Council also reserves the right to make microfilm or other copies of the records, and to retain the records for a reasonable period to permit this copying work to be carried out.  

Access to the records

Records are made available for research by the public free of charge in the Archive searchroom, AK Bell Library, Perth, under supervision and in accordance with the searchroom regulations and current legislation.  

The Archivist reserves the right to refuse access to records which have not been catalogued or numbered, which are in a fragile state, or in need of repair.  

Every effort will be made by the Archivist to access records under the principles of the Freedom of Information (Scotland) Act 2002.  

The Archivist may impose appropriate and reasonable closure periods under the terms of the Data Protection Act 1998 or at the request of the Depositor.  

Records are catalogued and indexed to professional standards and copies of the catalogue are lodged with the National Register of Archives (Scotland), the Historical Manuscripts Commission, and any other appropriate body.  

Reproduction and copyright

Except for security purposes, records may be copied photographically or by other means only for personal study or educational use.  

Copies of records in any format supplied by the Council may not be further reproduced without the express permission of the Archivist.

The Council will make an appropriate charge for the provision of any form of facsimile.  

The Council Archive, unless expressly denied the right by the depositor or donor, will reproduce parts or all the collections for purposes of promotion of the Archive. Promotion includes guides, leaflets, pamphlets, exhibitions, press articles, presentations and web site.  

Publication

Whole or extensive extracts of records or photographs of records may not be published without the consent of the copyright holder.

It is the responsibility of the author and publisher to ensure conformity with the terms of the Copyright Designs and Patents Act 1988 and to seek any permission to publish through the Archivist.

Where it is known that research intended for publication is based extensively on a collection of deposited records, the author will be requested by the Archivist to inform the Depositor and make sufficient acknowledgement.

The Council may, without further consent from the Depositor, publish deposited records in its own education or information publications. Such publication shall not be held to limit or infringe the copyright of the Depositor. Acknowledgement to the Depositor will be made in appropriate cases.  

Any copies of documents supplied under Freedom of Information (Scotland) Act 2002 are for personal use only and do not constitute infringement of existing copyright law. These copies may not be published except in conformity with the terms of the Copyright Designs and Patents Act 1988.  

 

Definitions

Archives	Original records which have been selected for permanent preservation because of their continuing value
Record	Recorded information in any form or medium, created or received and maintained, by an organisation or person in the transaction of business or the conduct of affairs
Gift	A permanent transfer of ownership of the records. Legal ownership and rights, both physical and intellectual, are automatically transferred to the Archive
Indefinite loan	Custody and responsibility for the records is transferred indefinitely to the Archive, whilst the depositor retains legal ownership
Temporary deposit	Custody and responsibility for the records is transferred for a fixed period to the Archive, whilst the depositor retains legal ownership
Charge and Superintendence	Transmission of records by the Keeper of the Records of Scotland or his representatives
Transfer	Records are deposited in the Archive by departments within the Council, by another local authority or by another Archive
Purchase	Bought by the Archive or its representatives from the owner of the records or from a reputable dealer
Depositor	A person or organisation that transfers custody of archives to the Archive. The Depositor is frequently also the owner of the records, who retains legal ownership of the records, or represents the owner(s).