CHAPTER 309
RECORDS AND ARCHIVES MANAGEMENT ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The National Archives (Access to Public Archives) Regulations

      The Administrator-General (Official Receiver) (Preservation and Disposal of Records) Regulations

      The National Provident Fund (Preservation and Disposal of Records) Regulations

   RULES

      The Records (Disposal) Rules

      The National Archives Search-Room Rules

REGULATIONS

THE NATIONAL ARCHIVES (ACCESS TO PUBLIC ARCHIVES) REGULATIONS

G.N. No. 79 of 1966

1.   Title

   These Regulations may be cited as the National Archives (Access to Public Archives) Regulations.

2.   Interpretation

   In these Regulations, unless the context requires otherwise–

   "Act" means the National Archives Act *;

   "photographic copy" includes a copy made by any mechanical or electrical process but does not include a typewritten copy;

   "prescribed" in relation to forms means the forms prescribed in the First Schedule to these Regulations and in relation to fees means the fees prescribed in the Second Schedule to these Regulations;

   "public archives" means the Public Archives to which members of the public have a right of access or which may from time to time be available for public inspection under the provisions of section 12 of the Act.

PART I
PUBLIC ARCHIVES HELD IN THE NATIONAL ARCHIVES (regs 3-8)

3.   Interpretation in Part I

   In this Part, unless the context requires otherwise, "the National Archives" shall not include a place of deposit.

4.   Search room

   There shall be a search room in the premises of the National Archives which shall be open to the public on the days and during the times which the Director may direct.

5.   Access to public archives granted only in search room

   No public archive held in the National Archives shall be made available to any member of the public for inspection except in the search room.

6.   Admission to search room

   No member of the public shall be admitted to the search room unless–

   (a)   he has been authorised in writing by the Minister, the Director or the officer in charge of the search room; or

   (b)   he is a holder of a permit issued to him in accordance with regulation 7 authorising his admission to the search room.

7.   Permits

   (1) Application for a permit shall be made to the Director.

   (2) On receipt of the application made under paragraph (1) the Director shall issue to the applicant a permit in the prescribedform *:

   Provided that where any permit previously issued to the applicant was revoked in accordance with regulation 8 the Director may refuse to issue him another permit.

   (3) Every permit issued under this regulation shall be valid for any period, not exceeding three years from the date of its issue, which may be specified on it.

8.   Revocation of permit

   The Director may revoke a permit or written authority issued to any person for admission to the search room where that person misconducts himself or fails to comply with any direction lawfully given by the Director.

PART II
PUBLIC ARCHIVES HELD IN PLACES OF DEPOSIT (regs 9-10)

9.   Access to public archives in places of deposit

   No public archive held in a place of deposit shall be made available for inspection to any member of the public unless he is a holder of a letter of authority issued in accordance with regulation 10.

10.   Letter of authority

   (1) An application for a letter of authority shall be made to the Director or the custodian of the place of deposit where the archive is held.

   (2) On receipt of the application the Director or the custodian shall issue a letter of authority in the prescribed form *.

   (3) Every letter of authority issued under this regulation shall be valid for the the period, not exceeding six months from the date of its issue, which may be specified and in respect of any public archive which may be described in it.

PART III
MISCELLANEOUS PROVISIONS (regs 11-14)

11.   Public archives to which public has right of access

   Nothing in these Regulations shall be deemed to authorise the Director or a custodian to refuse any member of the public inspection of any public archive to which members of the public had access before its transfer to the National Archives.

12.   Making of photographic copy

   No member of the public who is allowed access to any public archive shall make any photographic copy of the archive without the written permission of the Minister or the Director.

13.   Offences

   Any member of the public who–

   (a)   enters the search room without a valid permit or a written authority and refuses to move out of the search room on being requested to do so by the Director or the officer in charge of the search room;

   (b)   in the case of a public archive held in National Archives, removes the same from the search room without the authority of the Director or the officer in charge of the search room;

   (c)   makes a photographic copy of any public archive without the written permission of the Minister or the Director;

   (d)   wilfully destroys, damages, defaces or handles in a manner likely to cause damage or defacement to any public archive,

commits an offence and upon conviction is liable on conviction to a fine not exceeding five hundred shillings.

14.   Fees

   (1) The fees specified in the Second Schedule to these regulations shall be payable in respect of the several services mentioned in it.

   (2) Notwithstanding the fees prescribed for supplying copies of any public archive the Director may make available for sale to the public photographic copies of any public archives of historical or general interest at any prices which he may decide.

FIRST SCHEDULE
FORMS

(Regulation 2)

FORM 1
THE NATIONAL ARCHIVES SEARCH-ROOM PERMIT

   This permit is issued to .................................................................................................

(name)

.................................................... and shall expire on ......................................................

Date .....................................

............................................................
Director

FORM 2
LETTER OF AUTHORITY

........................................................................................................................................
of ....................................................................................................................................
(name of the person to whom issued)

............................................................................................ is hereby authorised to inspect
the ................................................................................................................... (address)
following public archives held at ..........................................................................................:
(description of place of deposit) ...........................................................................................
.........................................................................................................................................
.........................................................................................................................................

(Describe public archives in respect of which letter issued)

Date ........................................

...............................................................
Director/Custodian

SECOND SCHEDULE
FEES

(Regulation 14(1))

(Section 14(i))

Shs. Cts.

1.   For supplying a typewritten copy of any public archive–

   (a)   for the first 100 words or part of them

1 00

   (b)   for every subsequent 100 words or part of them

75

2.   For supplying a photostat or duostat copy of any public archive, for a copy of a folio

2 50

3.   (a)   For authentication of any typewritten copy of a public archive–

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