This identifies the reason for retention. In the SCA schedules, this provides the specific citation of statutory or regulatory requirement. Where none exists, the authority is given as “business requirement”. Business requirements for retention will include:
· Appraisal /review purposes e.g. funding retention changes
· Audit / inspection
· Business re-use/knowledge management
· Historical value
· Organisational policy
· Proof for performance reporting and management information
· Stakeholder requirements e.g. HMR, Law Society…
· Terms of funding (EU/ other etc.)
It is vital that the legal departments of local authorities are included in the review and approval of records retention schedules and also the disposal of records that may be subject to legal hold e.g. pending court case.
The “Prescription and Limitation (Scotland) Act” 1973 (c.52) & 1984 (c.45), has wide implications for the retention of records relating to contracts, land, property and personal injury, amongst others. A Guidance Note prepared by Pinsent-Masons for the Higher Education Joint Information Systems Committee (JISC), provides a useful summary of the main features of this Act and includes comparisons with its equivalent in England and Wales, the “Limitation Act” 1980.