by the person responsible for them by law and an authorization from the person charged with supervising their safe-keeping shall be required. Section 14. 1 Without prejudice to the provisions concerning depositing with mu nicipalities in the Royal Decrees referred to in Section 40 of the Act, records kept in State repositories may be deposited only if the custodian of the repository in which they are to be placed is an archivist within the meaning of the Act and their safety is fully guaranteed. 2 As regards the records deposited, the charges referred to in paragraph 2 of sec tion 7 of the Act shall be fixed in accordance with rates to be laid down by Our Minister. 3 The Keeper of the State Archives and the State Archivist in the province where the repository in question is situated shall have access to the repository. Section 15. If municipal records or records of a Water Board, Fenland Board or Fenland Polder are transferred to the State for safe-keeping, the municipality, Water Board, Fenland Board or Fenland Polder shall pay such charges as Our Minister shall fix. In special cases Our Minister may lay down that no charges shall be payable. Section 16. During the time of their deposit the records shall be in the charge of the custodian of the repository in which they have been placed. CHAPTER III Transfer of Records (Archives Act, 1962, Section 5) Section 17. Records shall be transferred to a. repository designated for the purpose by or in virtue of the provisions of the Act, by order of the person responsible for them under the Act. Section 18. 1 The transfer of records to a repository shall be recorded in a certificate drawn op by the person responsible for them until their transfer and by the custodian of the repository. This certificate shall, in any case, contain a specific ation of the records concerned, and both persons shall keep copies of the certificate, which shall be signed by them both. 2 If, on their transfer, restrictions were imposed on the public nature of the records this shall be stated in the certificate. Section 19. 1 Records which are less than fifty years old may be transferred to a repository if the custodian is of the opinion that there are sufficient grounds for making facilities available for them. 2 A negative decision taken in virtue of the preceding paragraph shall be subject to review by the custodian's immediate superior. Section 20. Postponement of the transfer of records shall require authorization from Our Minister, who may make any such postponement subject to conditions, CHAPTER IV The Public Nature and Lending of Records Kept in Repositories (Archives Act, 1962, Section 7) Section 21. If such action is urgently required in the general interest, the immediate superior of the custodian of a repository shall, having heard the custodian's opinion, have the power to restrict the public nature of records kept in that repository. No res triction shall be imposed on the public nature of such records as are more than one hundred years old, unless Our Minister decides otherwise. Section 22. 1 The custodian of a repository shall have the power to refuse a request [200] to consult or utilize records if he is of the opinion that the condition of the records warrants such refusal or that the records cannot safely be entrusted to the person making the request. 2 A negative decision taken in virtue of the preceding paragraph shall be subject to review by the custodian's immediate superior if the refusal is deemed to be un justified. Section 23. The custodian shall, subject to such restrictions as are imposed on the public nature of records, be under obligation to lend records for specified periods of time to such repositories, libraries and other institutions as may be designated by Our Minister and afford adequate guarantees as regards appropriate custody and safe-keeping, at the request of the custodians of such institutions. Our Minister shall hear the Archives Council before designating such institutions. The person for whose benefit the records were lent may consult and utilize them free of charge on the premises of these institution. Any expenses arising in connection with the lending of the records may be charged to his account. Section 24. 1 The custodian shall have the power to refuse a request as referred to in the preceding Section if: a the condition, the number or the special importance of the records justifies this; b the continued presence of the records in the repository is required; c the request for lending the records is made to obtain information of so simple a nature that it can be supplied without any records being lent. 2 A negative decision taken in virtue of the preceding paragraph shall be subject to review by the custodian's immediate superior if the refusal is deemed to be unjusti fied. Section 25. The custodian shall, if a request is made to that effect, be under obligation to lend records required for purpose of research for specified periods of time to the public body which would have been responsible for their keeping had they not been transferred to a repository, unless their condition justifies their being kept in the repository. Section 26. 1 The custodian may, with authorization from his immediate superior, lend records for specified periods in cases other than those referred to in Sections 23 and 25, provided their safety is fully guaranteed. Such lending of records may be subject to certain conditions. 2 If the custodian refuses to make a request for authorization, his immediate superior may order him to lend the records. CHAPTER V Training for the Position of Senior or Middle-Grade Archivist in a Repository Archives Act, 1962, Section 9) Section 271 There shall be a State School for the Training of Archivists at The Hague, which shall be attached to the Central State Archive Repository. 2 The Principal, who shall be a senior archivist within the meaning of Section 9 of the Act, shall be appointed, suspended and discharged by Us. 3 The members of the teaching staff shall be appointed, suspended and discharged by Our Minister. Section 28. 1 The State School for the Training of Archivists shall offer courses preparing students to take the examination by which they may qualify, as referred to in Section 9 of the Act, as a senior archivist; b middle-grade archivist. [201]

Periodiekviewer Koninklijke Vereniging van Archivarissen

Nederlandsch Archievenblad | 1971 | | pagina 21