Document Retention and Disposal Schedule
|
Record |
Minimum Retention period |
Reason |
Location |
Disposal Method |
|
Email enquiries & contact details |
While they are useful and relevant |
Management |
Council Address |
Delete |
|
Minute books |
Indefinite |
Archive |
Council Address Archive at five year intervals with Devon Records Office |
N/A |
|
Agendas |
5 years |
Management |
Council Address |
delete |
|
Scales of fees and charges |
6 years |
Management |
Council address Can be stored at Devon Records Office |
bin |
|
Receipt and Payment accounts |
Indefinite |
Archive |
Council address |
N/A |
|
Receipt books |
6 years |
VAT |
Council address |
Bin |
|
Bank statements |
Last completed audit year |
Audit |
Council address |
shred |
|
Bank paying in books |
Last completed audit year |
Audit |
Council address |
shred |
|
Cheque book stubs |
Last completed audit year |
Audit |
Council address |
Shred / destroy |
|
Quotations and tenders |
6 years |
Limitation Act 1980 (as amended) |
Council address |
Shred / delete |
|
Paid invoices |
6 years |
VAT |
Council address |
Shred / delete |
|
Paid cheques |
6 years |
Limitation Act 1980 (as amended) |
Council address |
Shred / destroy |
|
VAT records |
6 years |
VAT |
Council address |
Shred / destroy |
|
Petty cash, postage and telephone books |
6 years |
Tax, VAT, Limitation Act 1980 (as amended) |
Council address |
Shred / destroy |
|
Timesheets |
Three years (or Last completed audit year) |
Audit (requirement) & |
Council address |
Delete |
|
Wages records |
12 years |
Superannuation |
Council address |
Delete / Destroy |
|
Insurance policies |
While valid |
Management & legal proceedings |
Council address |
Delete / Shred |
|
Certificates for insurance against liability for employees & Insurance companies names and policy numbers |
40 years from the date on which the insurance commenced or was renewed |
The Employers’ Liability (Compulsory Insurance) Regulations 1998 (SI.2753) Management, |
Council address |
Delete / Shred |
|
Accident & Incident Reports |
20 years |
Potential Claims |
Confidential waste. A list will be kept of documents disposed of to meet GDPR reqiremets GN36. |
|
|
Playground Inspection Reports |
18 years |
Negligence and other torts |
Council address |
Delete / shred |
|
Investments |
Indefinite |
Audit, Management |
Council address |
N/A |
|
Title deeds, lease agreements, contracts |
Indefinite |
Audit, Management |
Council address |
N/A |
|
Members allowances register |
6 years |
Tax Limitation Act 1980 (as amended) |
Council address |
Delete / shred |
|
Planning documents |
Retain PC response and other docs as below
In practice three years or longer for’ important’ applications. |
To monitor the planning process |
Council address South Hams District Council Website |
Delete / Destroy |
|
Information from other organisations |
While they are useful and relevant |
Management |
Council address |
Delete / Destroy |
|
Correspondence |
While they are useful and relevant. As for Audit & Planning. |
Management |
Council address |
Delete / Shred |
|
Documentation relating to staff |
While they are useful and relevant or required for legal reasons. |
References, tax, National Insurance Contributions, pension, legal claim (usually within 6 months of ending employment, 6 years if Limitations Act 1980 applies) |
Council address |
Delete / Shred |
|
Local historical information |
Local Government (Records) Act 1962 |
Council address. Can be stored by County Record Office. |
N/A |
|
|
Burial ground
|
indefinite |
Local Authorities Cemeteries Order 1977 |
Council address |
N/A |
|
Documents retained because of actual or risk of legal process |
||||
|
Negligence and other ‘torts’ |
6 years |
Limitation period |
N/A |
Delete / Shred |
|
Defamation |
1 year |
Limitation period |
N/A |
Delete / Shred |
|
contract |
6 years |
Limitation period |
N/A |
Delete / Shred |
|
leases |
12 years |
Limitation period |
N/A |
Delete / Shred |
|
Sums recoverable by statute |
6 years |
Limitation period |
N/A |
Delete / Shred |
|
Personal injury |
3 years |
Limitation period |
N/A |
Delete / Shred |
|
To recover land |
12 years |
Limitation period |
N/A |
Delete / Shred |
|
Rent |
6 years |
Limitation period |
N/A |
Delete / Shred |
|
Breach of trust |
none |
Limitation period |
N/A |
Delete / Shred |
National Association of Local Councils Legal advice ‘Local Council Documents and Records’ states that:
For the sake of completeness, it should be noted that some limitation periods can be extended. Examples include:
Where individuals do not become aware of damage until a later date (e.g. in the case of disease).
Where damage is hidden (e.g. to a building).
Where a person is a child or suffers from a mental incapacity.
Where there has been a mistake by both parties or
Where one party has defrauded another or concealed facts.
In such circumstances, individual councils will need to weigh
(i) the costs of storing relevant documents and (ii) the risks of:
Claims being made.
The value of the claims.
The inability to defend any claims made should relevant documentation be destroyed.1
Para 2.7.6. of the Code of Practice on the management of records issued under section 46 of the Freedom of Information Act 2000 states that
‘Authorities should be able to explain why they no longer hold information, either by
reference to a record of its destruction or by reference to the authority’s policy. If destruction is carried out by a contractor, the authority should obtain proof, for example, a certificate of destruction. 2
Document Storage, Retrieval and Security
Electronic records are stored on a password protected laptop in labelled folders. Folders are backed up regularly to a cloud drive.
Email is organised in labelled folders and backed up by the service provider.
Paper records are kept at the Council address in labelled folders and files.
References:
-
NALC Legal Topic Note 40, 2013, updated August 20223
-
Code of Practice on the Management of Records issued under Section 46 of the Freedom of Information Act 2000
Version History
1 https://www.nalc.gov.uk/resource/local-council-documents-and-records.html
2 https://assets.publishing.service.gov.uk/media/6114c3278fa8f506c4d84100/Freedom_Information_Code_Practice_Web_Accessible.pdf
3 https://www.nalc.gov.uk/resource/local-council-documents-and-records.html