Data Retention Policy

Ashby de la Launde with Bloxholm and Temple Bruer and Temple High Grange Parish Council

Introduction -   

Ashby de la Launde, Bloxholm and Temple Bruer with Temple High Grange 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    

The retention schedule refers to record series regardless of the media in which they are stored. 

Under the Freedom of Information Act 2000 and the General Data Protection Regulations Act 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 retains and the action which should be taken when it is of no further administrative use.                                                                          


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

Minutes of Council meetings

Indefinite

Archive

Annual Accounts

Indefinite

Achive

Annual Return

Indefinite

Archive

Receipt and Payment Accounts

Indefinite

Archive

Certificate of Employers Liability

Indefinite

Audit/Legal

Certificate of Public Liability

Indefinite

Audit/legal

Asset Register

Indefinite (kept up to date)

Audit

Salary & Wage Records

12 yrs

Superannuation

Agenda papers

6 yrs

Management

Receipt Books

6 yrs

VAT

Scale of Fees & Charges

6 yrs

Management

Cheque Book stubs (as a proxy for paid cqs)

6 yrs

Limitation Act 1980

Quotations and tenders

6 yrs

Limitation Act 1980

Paid Invoices                                                     

6 yrs

Limitation Act 1980

VAT Records    

6 yrs (20 yrs on rents)

VAT

Petty Cash, Postage    

6 yrs

Tax, VAT, Limitation Act 1980 (as amended)

Tax & National Insurance 

6 yrs

Audit/Management/HMRC

Insurance Policies 

6 yrs

Audit/Management/Legal

Lettings Diaries & hire contracts relating to use of Council facilities          

6 yrs

VAT

Bank Statements

Last completed Audit

Audit/Management

Paying in books

Last completed Audit

Audit/Management

Members records inc. Dec’s of Interest

While Valid

Management

Employees records

While Valid

Management

Electors records

While Valid

Management

Correspondence not otherwise covered within this Schedule

While Valid

Audit/Managment/Other

 

 

 

 

Planning Applications

All planning applications and relevant decision notices are available at North Kesteven District Council.  There is no requirement to retain duplicates locally.  All Parish Council recommendations in connection with the applications are recorded in the Council Minutes and are retained indefinitely.  Correspondence received in connection with application will be retained as stated below:

•    Declarations of acceptance    -   Term of Office + 1 yr
•    Members register of interests   -  Term of Office + 1 yr
•    Complaints  -  1 yr
•    Routine correspondence and emails  -   6 months
•    General Information  -   3 mths

 

Disposal Procedures

All documents that have reached their disposal date and are no lo9nger required for administrative reasons will be shredded and disposed of.
Electronic copies of documents will be deleted and removed from archives when they exceed their retention periods.

 

Retention of Documents for Legal Purposed

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 yrs

Defamation

1 yr

Contract

6 yrs

Sums recoverable by statute

6 yrs

Personal Injury

3 yrs

To Recover Land

12 yrs

Rent

6 yrs

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, Sept 2016, “Local Councils’ Documents and Records”
•    Arold Baker on Local Council Administrration
•    NALC Model Financial Regulations
•    Date Protection Act 1998
•    General Data Protection Regulations (2018)
•    Data Protection Bill 2017                                                                                  

Version number

Purpose/change

Author

Date

0.1

Initial draft

LSS

20/2/18

0.2

Customise

VCS

18/05/18

0.3                               

Updated           

 JE

03.02.22

 

 

 

 

Next review date -  March 2023