Author: Miles

Fulking Parish Council Document Retention Scheme

Introduction

• The council recognises the need to retain documentation for audit purposes, staff management, tax liabilities and the eventuality of legal disputes and proceedings.
• In agreeing a document retention scheme, the council has addressed these needs, and taken into account its obligations under the Local Government Act 1972, the Audit Commission Act 1998, the Public Records Act 1958, the Data Protection Act 1998, the Employers’ Liability (Compulsory Insurance) Regulations 1998, the Limitation Act 1980, the Employment Rights Act 1996, the Local Authorities Cemeteries Order 1977, the Local Government (Records) Act 1962, the Freedom of Information Act 2000 and the Lord Chancellor’s Code of Practice on the Management of Records Code 2002.

Retention of documents for legal purposes

• Most legal proceedings are governed by the Limitation Act 1980. The 1980 Act provides that legal claims may not be commenced after a specified period. The specified period varies, depending on the type of claim in question. The table below sets out the limitation periods for the different categories of claim.

Category	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

• Some types of legal proceedings may fall into two or more categories. In these circumstances, the documentation should be kept for the longest of the differing limitation periods.

• As there is no limitation period in respect of trusts, the council will never destroy trust deeds and schemes and other similar documentation.

• Some limitation periods can be extended. Examples include:
  • where individuals first become aware of damage caused at a later date (e.g. in the case of personal injury);
  • where damage is latent (e.g. to a building);
  • where a person suffers from a mental incapacity;
  • where there has been a mistake or where one party has defrauded another or concealed relevant facts.

• In such circumstances, the council will weigh up (i) the costs of storing relevant documents and (ii) the risks of:
  • claims being made;
  • the value of the claims; and
  • the inability to defend any claims made should relevant documents be destroyed.

Document retention schedule

• The council has agreed a minimum document retention schedule, based on the obligations under the previously named acts, codes, orders and regulations.

Document	Min. Retention Period	Reason
Minute books	Indefinite	Archive
Scale of fees and charges	6 years	Management
Receipt and payments account(s)	Indefinite	Archive
Receipt books of all kinds, including ledgers	6 years	VAT
Bank statements, including savings/deposit accounts	Last completed audit year	Audit
Bank paying-in books	Last completed audit year	Audit
Cheque book stubs	Last completed audit year	Audit
Quotations and tenders	6 years after completion of contract	Limitation Act 1980
Paid invoices	6 years	VAT
Paid cheques	6 years	Limitation Act 1980
VAT records, P60s & P45s	6 years	VAT, Tax
Petty cash, postage and telephone books	6 years	Tax, VAT, Limitation Act 1980
Timesheets	Last completed audit year	Audit
Wages books	12 years	Superannuation
Insurance policies	While valid	Management
Certificates for insurance against liability for employees	40 years from date on which the insurance commenced or was renewed	Employers’ Liability (Compulsory Insurance) Regulations 1998, Management
Investments	Indefinite	Audit, Management
Title deeds, leases, agreements, contracts	Indefinite	Audit, Management
Members allowances register	6 years	Tax, Limitation Act 1980
Correspondence and emails	3 years	Limitation Act 1980
Annual accounts and asset registers	Indefinite	Archive
Pension contribution records	6 years	Pensions Act 2014
Personnel records, including SSP and maternity records	6 years	Limitations Act 1980
Previous versions of policies, standing orders, schemes of delegation	3 years	Data Protection Act 1998
For halls, recreation grounds ·        Application for hire ·        Lettings diaries ·        Copies of bills to hirers ·        Record of tickets issued	6 years	VAT

• The need to retain any documents not included in the above schedule should be considered on an individual basis. As a guide, and in the absence of any prevailing act, code, order or regulation to the contrary, documents may be destroyed if they are no longer of use or relevant. If

 

Fulking Parish Council (FPC) takes the protection of your data seriously. Our aim is to provide a personalised and valuable service whilst safeguarding our users’ privacy. Collecting some personal information is necessary if we are to satisfy the expectations and requirements of our users and we have set out below what we will do with your personal information.

Community Website
www.fulking.net is a community website funded by FPC. It is based on WordPress open source software. In addition to official Parish Council communications, it contains content which may be supplied by a variety of authors but is posted by a limited number of editors, who have complete editorial discretion. Any personal information contained in these posts is provided with the subject’s permission or at their request.

Visitors to this Website
When someone visits this website we collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the website. This information is only processed in a way which does not identify anyone. If we do want to collect personally identifiable information through our website, we will be up-front about this. We will make it clear when we collect personal information and will explain what we intend to do with it.

Use of Cookies
This website uses cookies to assist the editors. Other visitors to the site are not supplied with cookies.

Security and Performance
We use a third party service to host our website securely. To deliver this service it processes the IP addresses of visitors to the website.

Links to other websites
This privacy notice does not cover the links within this website linking to other websites. We encourage you to read the privacy statements on the other websites you visit.

Mailing List
FPC uses a mailing list to communicate urgent community information and official council notices. Residents may unsubscribe or subscribe at any time without reference to FPC. Data held is; an email address, first name and last name (unless the resident has volunteered extra information). It is currently based on MailChimp software. Records are stored in accordance with MailChimp’s privacy policy https://mailchimp.com/legal/privacy/ . When a person receives an email from us, information is collected on when/whether the email was opened and if any of the links were clicked. This information is not personally identifiable.

Paid Advertising
The website and mailing list do not accept paid advertising, consequently no personal data is collected or passed to advertisers.

Email correspondence
Emails and any attached documents shared with FPC are held in accordance with our Document Retention Policy. They are securely stored on-line via Microsoft’s (Office 365) cloud servers. Further information on Microsoft’s data protection policy is available at https://protection.office.com/#/serviceassurance/othertrust

Disclosure of personal information
We collect contact details via the website and mailing list for the purposes of providing a service to existing and potential residents. We will never disclose personal details without the consent of the owner. Details are only held for as long as is necessary to fulfil the service request.

Access to personal information
Individuals can find out if we hold any personal information by making a ‘subject access request’ under the General Data Protection Regulations. If we do hold information about you, we will:

• give you a description of it;
• tell you why we are holding it;
• tell you who it could be disclosed to; and
• let you have a copy of the information in an intelligible form.

Please make any such request in writing via our email address clerk@fulking-pc.gov.uk or by post to Trevor Parsons, Fulking Parish Clerk, 1 St Catherine’s Cottage, Steyning Road, West Grinstead RH13 8LS

If at any time you feel that we have failed to meet these standards then please either contact us or make a complaint direct to the Information Commissioner using their website www.ico.org.uk/concerns