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Hampshire Archives and Local Studies

Terms of agreement for the deposit of the records

1. Deposit

(i) In these terms of agreement, the word "depositor" shall mean either the person who places documents on deposit, or his/her lawful heir or successor in title, as the context demands, and the word "Council" shall mean Hampshire County Council or any successor local authority who shall, from time to time, be authorised by statute or otherwise, to keep and preserve records. (ii) The word "deposit" shall mean that the party named overleaf as the depositor has placed the records listed in the Schedule hereto in the custody of the Council, but that this in no way alters or otherwise affects the ownership of the records. It is agreed that while the period of custody is herein unspecified, the records shall remain deposited in the custody of the Council for a period sufficient to justify the Council's expenditure on cataloguing and conserving them. In normal circumstances, this would be for a minimum of twenty years

(iii) Documents may be reclaimed by the depositor on the terms specified in section 6 below.

(iv) The Council reserves the right to return to the depositor any records deemed to be of no historical interest or, with the consent of the depositor, to transfer them to a more appropriate place of deposit or to destroy them. (v) The name and address of the owner or depositor will be kept both on file and on acomputerised database permanently for legal purposes, but will not be released to third parties without express permission. In order that Hampshire Record Office can comply with the Data Protection Act, which includes the principle that personal data shall be up to date and accurate, any change in the name and address of the owner or depositor of the records must be notified to the County Archivist. The County Council will not accept responsibility for any consequences which may result from the failure to notify such changes.

(vi) The County Council will become joint data controller with the owner of the records for the period of time they are held at the Record Office, unless otherwise specified. This means that both are responsible for compliance with the principles of the Data Protection Act 1998. Under the Act the Council has an exemption from the second and fifth data protection, allowing the Council to keep archives indefinitely and to allow others to use them for research purposes, provided they are not used to support measures or decisions with respect to particular individuals and provided they are not processed in such a way that substantial distress or damage is or is likely to be caused. Therefore the Council reserves the right to refuse to take records which may still be needed by the owner to support decisions concerning individuals, unless this is at the request of the individual concerned.

2. Preservation

(i) The records will be stored in the Council's Record Office in appropriate environmental conditions with protection against fire and intruders.

(ii) The Council will take all reasonable precautions to preserve the records from damage, loss or theft but shall not otherwise be liable beyond this to the depositor for any damage to or loss or theft of them during the deposit period.

3. Conservation

The Council will be entitled in their absolute discretion to take any of the following actions in respect of the deposited records:

(i) To photograph, microfilm or otherwise copy them; the ownership of all such copies to be vested in the Council.

(ii) To number them with a finding reference for their identification and safe keeping.

(iii) To carry out such work in regard to the conservation of the documents as may from time to time be considered desirable and practicable by the County Archivist within the overall conservation programme of the Record Office.

(iv) To withhold public access to them if in a fragile condition until all practicable and necessary conservation work on them has been completed.

4. Listing

The records will be listed as part of the Record Office's programme of listing all collections in its custody and in accordance with the Record Office's current practice. A copy of the list will be provided free of charge to the depositor and to such other persons as the County Archivist considers appropriate and the ownership of and copyright in all such lists and other finding aids shall vest in the Council.

5. Access
(i) Subject to any exemptions agreed under section 5(ii) below, the records will be made available to the public for purposes of research free of charge in the County Record Office during its advertised opening hours and in accordance with the Council's regulations.

(ii) By agreement between the depositor and the Council (acting through the County Archivist) restrictions may be placed on public access to individual deposited records.

(iii) Having regard to the provisions of the Copyright Acts for the time being in force, copies of records may, at the discretion of the County Archivist, be supplied to members of the public, on payment of an appropriate charge. No further reproduction of such copies shall be allowed without the County Archivist's consent.

(iv) The County Archivist will grant consent to the publication of deposited records in whole or in part on condition that appropriate acknowledgment is made by the publisher to the depositor. Publishers will be warned of their responsibility to comply with the Copyright Acts.

(v) Any request for the production of the records which the County Archivist has reason to believe may lead to their use in legal proceedings will be notified to the depositor and shall not be granted without the consent of the depositor, except where a court orders their production.

(vi) All researchers seeking to use records (particularly for any purpose other than historical research, including further copying or publication) will be informed of the need to comply with the Data Protection Act, 1998. They will be personally liable for infringement of the Act.

6. Withdrawals

(i) The depositor may exercise his/her right to reclaim the deposited records at any time, after giving one calendar month's notice of his/her intention to do so, or such longer period as may be required by specific statutory provision

(ii) During such period of notice the Council will be entitled to copy records by such method as is deemed appropriate by the County Archivist and to retain the copy as the property of the Council after the removal of the records. The Council will continue to make such copies accessible to the public, subject to the conditions and limitations set out in Section 5 above, save only that publication, in whole or in part, will not be allowed without the consent of the depositor.

(iii) The depositor or any other person requiring removal of the deposited records whether temporarily or permanently must, whether an owner or agent, prove their entitlement to receive the records to the satisfaction of the Council.

(iv) Where collections which have been deposited for less than 20 years (see 1(ii) above) are withdrawn, a charge may be made to cover part of the cost of any conservation work carried out on items within the collection; this charge will relate to the length of the deposit period.

7. Parish Records

Records belonging to and deposited by the Parochial Church Council of an ecclesiastical parish within the Dioceses of Winchester and Portsmouth will be held in Hampshire Record Office in accordance with the terms specified in the Parochial Registers and Records Measure, 1978 and nothing in these terms of agreement shall be deemed to override or countermand the terms of the measure.

 

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