Act No. 56 / 2014 Coll.
Act amending Act No. 499 / 2004 Coll., on Archiving and File Service and amending certain laws, as amended
Valid
Effective from 07.04.2014
56
THE LAW
of 20 March 2014
amending Act No. 499 / 2004 Coll., on archiving and file services and amending certain laws, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 499 / 2004 Coll., on archiving and file services and amending certain laws, as amended by Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 181 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 32 / 2008 Coll., Act No. 190 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 424 / 2010 Coll., Act No. 89 / 2012 Coll., Act No. 167 / 2012 Coll., and Act No. 303 / 2013 Coll., is amended as follows:
1. In Article 3, the following paragraph 4 is inserted after paragraph 3:
"(4) The obligation to retain documents and to allow the choice of archives shall also be laid down by entrepreneurs who have been granted a state licence to conduct the business of the management of the Registry (hereinafter referred to as" the concession for the management of the Registry '), in respect of documents for which the public agents, private agents or their successors are required to do so and which have been transferred to those undertakings for the purpose of providing professional management.'
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
2. In the first sentence of Paragraph 18a (2), the words "the founder of a private archive 'shall be replaced by the words" the archive or, where appropriate, the archive founder,'.
3. in Article 46 (1) (a) to (c):
"(a) checks the performance of the file service at:
1. the national organisational units of the State, with the exception of those in respect of which that competence is exercised by the Security Services Archive;
2. state contribution organisations set up by law and state contribution organisations set up by the national body of the State,
3. public research institutions established by the national body of the State,
4. legal persons with national jurisdiction established by the law,
b) carries out a selection of archives in the shredder's procedure
1. the agents referred to in point (a);
2. the originators referred to in point (c) who have established a private archive;
3. the originators referred to in Article 49 (1) (c) (13) to (15) who have established a private archive,
4. the senior or similar bodies of the originators referred to in point (c) who request the selection of the archives in the shredder's proceedings;
(c) carry out a selection of archives outside the shredding process of top or similar bodies
1. political parties,
2. political movements,
3rd Associations,
4. trade unions,
5. employers' organisations;
6. professional chambers,
The 7th Church,
8. religious societies,
9th Foundation,
10th Foundation Funds,
11. institutions,
12. public utility companies, '.
4. In Paragraph 48, at the end of paragraph 2, the dot is replaced by a comma and the following point (d) is added:
"(d) the place where the establishment in which the licensed profession of the management of the Registry is carried out is situated, if it is for the exercise of its competence under Paragraph 49 (1) (r) or (s).";
5. in Article 49 (1) (a) to (c):
"(a) checks the performance of the file service at:
1. the non-national organisational elements of the State;
2. state contribution organisations established by a non-national body of the State,
3. state enterprises,
4. legal persons established by law with non-national jurisdiction,
5. local authorities,
6. the organisational elements of the local authorities;
7. legal persons set up or established by local authorities,
8. universities,
9th schools,
10. health insurance companies,
11. public research institutions, with the exception of those established by the national organisational body of the State,
b) carries out a selection of archives in the shredder's procedure
1. the agents referred to in point (a);
2. the originators referred to in points (c) (1) to (12) who apply for the selection of archives in the shredding procedure, with the exception of the top or similar authorities of those originators and with the exception of the originators who have set up a private archive;
3. the originators referred to in (c) (13) to (15) with the exception of those who have set up a private archive;
(c) carry out a selection of archives outside the shredding process;
1. political parties,
2. political movements,
3rd Associations,
4. trade unions,
5. employers' organisations;
6. professional chambers,
The 7th Church,
8. religious societies,
9th Foundation,
10th Foundation Funds,
11. institutions,
12. public utility companies,
13. trading companies,
14th Cooperatives,
15th Notary,
except for their top or similar bodies, ';
6. in Paragraph 49 (1) (r), the words "under special legislation (22)" shall be replaced by the words "for the management of the Registry."
footnote 22 is deleted.
7. in Paragraph 49 (1), the following point (s) is inserted after point (r):
"(s) checks the performance of the obligations of an entrepreneur who has been granted a licence to conduct a Registry, as provided for in Article 3 (4);"
Point (s) shall be renumbered as point (t).
8. The following Section 57a is inserted after Section 57:
(1) The selection of archives from documents which are required to retain the legal successor of a public or private author shall be carried out by an archive which would be responsible for the selection of archives from that author.
(2) The selection of archives from documents submitted by the public authority, the private authority or their legal successor to ensure professional management in a Registry operated by an entrepreneur licensed to manage the Registry shall be carried out by the archive responsible for the selection of the archives with that originator or his legal successor. "
9. In Article 68a, paragraph 8 is added:
"(8) Where a specific legislation provides that, when an organisational component of a designated originator is removed, the designated originator or his organisational component is changed or the owner or the holder of a document is amended, documents shall be transmitted to a person other than that referred to in paragraph 2, the designated originator shall indicate this fact in the file separation plan, including the unambiguous identification of that person. ';
10. in Article 69a (2), "4" is replaced by "5."
11.
(1) Checks on compliance with the obligations of archiving and the performance of the file services shall be carried out by:
(a) the Ministry of Public Authorisations and Archives with the exception of the intelligence services of the Czech Republic and the archives established by them;
(b) National Archives
1. the national organisational units of the State, with the exception of those in which the Archives of the Security Services exercise that competence, and the archives established by those State organisational units;
2. state contribution organisations set up by law and state contribution organisations set up by the national body of the State and, in the case of archives established by those State contribution organisations,
3. public research institutions established by the national body of the State and in the archives established by those public research institutions,
4. legal persons with national jurisdiction established by the law and with archives established by those legal persons;
5. cultural scientific institutions, if they have in their care archivaly, which runs in the secondary register of National Cultural Heritage National Archives,
6. owners and holders of archives stored outside the archives, which are kept in the National Archives' base records,
7. private archives set up by the body referred to in § 46 (1) (c);
(c) the national regional archives according to their territorial competence;
1. the organisational elements of a State with non-national competence and in the case of archives set up by such State bodies;
2. state contribution organisations set up by a non-national body of a State and, for archives set up by such State contribution organisations,
3. state enterprises and archives set up by state enterprises,
4. legal persons established by law with non-national jurisdiction and for archives established by such legal persons;
5. the territorial units and the archives established by the territorial units,
6. the organisational elements of the local authorities;
7. legal persons set up or established by local authorities,
8. universities and archives set up by universities;
9th schools and archives set up by schools,
10. health insurance companies and archives established by health insurance companies;
11. public research institutions, with the exception of those established by the national organisational body of the State and the archives established by those public research institutions;
12. cultural scientific institutions, if they have in their care archivaly, which runs the national regional archives in the secondary register of the National Cultural Heritage,
13. owners and holders of archives stored outside the archives, which are kept in the basic register of the State Regional Archives,
14. private archives, except those in which the National Archive exercises this competence;
15. Entrepreneurs who have been awarded a licence to manage the Registry.
(2) If the Ministry decides to change the competence of the archive in accordance with § 44 (q), the check of compliance with the obligations in the archiving section and the performance of the file service shall be carried out by the originator concerned by the change in competence of the archive or by the organisational part of the originator concerned by the change in competence of the archive, as specified in the decision.
(3) The Ministry only checks the security archives on the basis of annual activity reports. "
12. in Paragraph 72 (1):
"(1) The inspection shall be carried out by a staff member of the Ministry, the National Archive, the Archive of the Security Services or the State Regional Archive, who shall be entrusted in writing by the Director of the Ministry's department or the Director of the Archive, hereinafter referred to as" the Controller. "'
13. In Paragraph 72 (2) of the Introductory Part of the Provisions, the words "The Archive Inspector 'are replaced by the words" The Controller is' and the words "is' are deleted.
14. In the first sentence of Article 72 (3), the words "archival inspector 'shall be replaced by the words" issued pursuant to paragraph 2'; in the second sentence, the words "his' shall be deleted; and the third sentence shall be deleted.
15. in Paragraph 72, paragraph 4 is deleted;
Paragraph 5 shall become paragraph 4.
16. in Paragraph 72 (4):
"(4) Paragraphs 1 to 3 shall not apply to checks carried out pursuant to Article 71 (3). ';
17. In Paragraph 74, the following paragraph 8 is inserted after paragraph 7:
"(8) A legal or natural person, as an entrepreneur granted a licence for the management of a Registry Office, shall commit an administrative offence by failing to retain a document or to allow the choice of archival, contrary to Paragraph 3 (4). ';
Paragraphs 8 to 10 shall be renumbered paragraphs 9 to 11.
18. In Section 74 (9) of the Introductory Part of the provision, the words "or the originator referred to in Section 63 (2) 'shall be inserted after the words" The designated originator'.
19. in Paragraph 74 (11) (b), "or 9" is replaced by "9 or 10."
20. in Paragraph 75 (3), "10" is replaced by "20."
21. in § 86, the words "§ 22a" shall be inserted after the words "§ 19,"
22. In Annex No 1, in point 2 (a) of Part I, the words ", minutes of management meetings' are deleted.
23. In Annex No 1, point 5 of Part I at the end of point (c) of the comma is replaced by the dot and points (b) and (d) are deleted.
Point (c) shall be renumbered (b).
Transitional provision
Proceedings initiated before the date of entry into force of this Act shall be completed in accordance with existing legislation.
Efficacy
This Act shall take effect on the day of its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 56 / 2014 Coll., amending Act No. 499 / 2004 Coll., on archiving and file services and amending certain laws, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.04.2014 |
|---|---|
| Effective from | 07.04.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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