Policy - Document Retention-Reviewed 17/5/2023
CARLBY PARISH COUNCIL
DOCUMENT AND DATA RETENTION POLICY
Introduction
Carlby Parish Council recognises that the efficient management of its records is necessary to comply with its legal and regulatory obligations and to contribute to the effective overall management of the Parish Council.
This policy applies to all records created, received or maintained by the Parish Council in the course of carrying out its functions. Records are defined as all those documents which facilitate the business carried out by the Parish Council and which are thereafter retained (for a set period) to provide evidence of its transactions or activities. These records may be created, received or maintained in hard copy or electronically.
A small percentage of the Parish Council’s records will be selected for permanent preservation as part of the Council’s archives and for historical research.
Responsibilities
The Parish Council has a corporate responsibility to maintain its records and record management systems in accordance with the regulatory environment. The person with the overall responsibility for the implementation of this policy is the Clerk to the Parish Council, and the Clerk is required to manage the Council’s records in such a way as to promote compliance with this policy so that information will be retrieved easily, appropriately and in a timely manner.
Retention Schedule
Under the Freedom of Information Act 2000 and the General Data Protection Regulations 2018, the Parish Council is required to maintain a retention schedule listing the record series which it creates in the course of its business. The retention schedule lays down the length of time which the record needs to be retained and the action which should be taken when it is of no further administrative use.
The Clerk is expected to manage the current record keeping systems using the retention schedule and to take account of the different retention periods when creating new record keeping systems. This retention schedule refers to record regardless of the media in which they are stored.
Retention of Documents
The table below shows the documents / data the parish council is likely to hold, and the retention periods relating to each type of data, with a reason provided for each of the retention periods used. The retention periods are often stipulated or governed by statute or other provisions. Further information can be found in the references identified in this policy.
|
Document |
Minimum Retention Period |
Reason |
|
Minute Book |
Indefinite |
Archive |
|
Annual Accounts |
Indefinite |
Archive |
|
Annual Return |
Indefinite |
Archive |
|
Receipt and Payment Accounts |
Indefinite |
Archive |
|
Certificate of Employer’s Liability |
Indefinite |
Audit / Legal |
|
Certificate of Public Liability |
Indefinite |
Audit / Legal |
|
Allotments register and plans |
Indefinite |
Audit, Management |
|
Asset Register |
Indefinite (kept up to date) |
Audit |
|
Deeds, Leases, Investments |
Indefinite |
Audit / Management |
|
Salary and Wages Records |
12 years |
Superannuation |
|
Agenda Papers |
6 years |
Management |
|
Receipts Books |
6 years |
VAT |
|
Scale of fees and charges |
6 years |
Management |
|
Cheque Book stubs (as a proxy for paid cheques) |
6 years |
Limitation Act 1980 (as amended) |
|
Quotations and tenders |
6 years |
Limitation Act 1980 (as amended) |
|
Paid Invoices |
6 years |
Limitation Act 1980 (as amended) |
|
VAT records |
6 years (20 years for any VAT on rents) |
VAT |
|
Petty Cash, Postage and Telephone Books |
6 years |
Tax, VAT, Limitation Act 1980 (as amended) |
|
Tax and National Insurance |
6 years |
Audit / Management / HMRC |
|
Insurance Policies |
6 years |
Audit / Management / Legal |
|
Lettings diaries & hire contracts relating to use of Council facilities, including football pitch |
6 years |
VAT |
|
Timesheets |
Last completed audit year, + 3 years |
Audit / Personal Injury |
|
Bank Statements |
Last completed audit |
Audit / Management |
|
Paying in Books |
Last completed audit |
Audit / Management |
|
Members’ records, including declarations of interest |
While Valid |
Management |
|
Employees’ records |
While Valid |
Management |
|
Electors’ records (register, other schedules) |
While Valid |
Management |
|
CCTV records |
While Valid |
As set out in the CCTV surveillance policy |
|
Correspondence not otherwise covered in this schedule |
While Valid |
Audit / Management / Other |
Planning Applications
All planning applications and relevant decision notices are available at South Kesteven District Council a link to SKDC website is provided on the website of Carlby Parish Council. There is no requirement to retain duplicates locally. All Parish Council recommendations in connection with these applications are recorded in the Council minutes and are retained indefinitely.
Correspondence received in connection with applications will be retained as stated below:
- Declarations of acceptance Term of Office + 1 year
- Members register of interests’ book Term of Office + 1 year
- Complaints 1 year
- Routine correspondence and e-mails 6 months – these are noted on each agenda in list form
- General Information 3 months
- Website:…….
Information register
The Parish Clerk will retain an information register identifying information held by the parish council and its disposal date.
Disposal procedures
All documents that have reached their disposal date and are no longer required for administrative reasons will be shredded and disposed of.
Electronic copies of documents will be deleted and removed from archived when they exceed their retention periods.
Retention of Documents for Legal Purposes
Most legal proceedings are governed by the Limitation Act 1980 (as amended). The 1980 Act provides that legal claims may not be commenced after a specified period, which depend upon the type of claim in question. The table below sets out the limitation periods for the different categories of claim:
|
Category of Claim |
Limitation Period |
|
Negligence (and other ‘Torts’) |
6 years |
|
Defamation |
1 year |
|
Contract |
6 years |
|
Leases |
12 years |
|
Sums recoverable by statute |
6 years |
|
Personal Injury |
3 years |
|
To Recover Land |
12 years |
|
Rent |
6 years |
|
Breach of Trust |
None |
Where the limitation periods are longer than other periods specified in the retention table set out above, the documentation relating to any claim should be kept for the longer period specified.
References
- National Association of Local Councils (NALC) Legal Topic Note 40, September 2016, “Local Councils’ Documents and Records”
- Arnold Baker on Local Council Administration
- NALC Model Financial Regulations
- Data Protection Act 1998
- General Data Protection Regulations (2018)
- Data Protection Bill 2017