We had a similar issue here (and indeed it is still ongoing) with the
Inland Revenue relating to tax underpayments. Many of which were well
over 6 years old and with our interpretation of the Limitation Act have
been destroyed.
The Inland Revenue however was saying (and still seem to be, to us
anyway), that the 6 year retention starts from when a claim is made or
an underpayment has been discovered, which could be many years later.
Not our interpretation and seems to contradict current retention
thinking.
Maybe this needs revisiting?
Toby
Toby Davison | Records, Archives and Information Manager | Together
Trust | Schools Hill | Cheadle | SK8 1JE | Tel: 0161 283 4848 | E-Mail:
[log in to unmask] | www.togethertrust.org.uk
-----Original Message-----
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Edith
Pringault-Adam
Sent: 01 February 2008 16:06
To: [log in to unmask]
Subject: Limitation Act - 6 year rule challenged?
Dear all,
I am surprised to see no reference on Jiscmail to the impact on records
retention based on the Limitations Act following the case of the woman
who
successfully challenged a court decision to the House of Lords for
claiming
damages well after the 6-year limit (House of Lords 30/01/2008). See
story
at
http://www.channel4.com/news/articles/society/law_order/lords+rule+rapis
t+can+be+sued/1440247
Unless I am totally wrong here, this has implications on the 6-year
rule,
which is the basis of so many retention periods in England and Wales.
Or does this only concerns the police and the courts??
This Act does not apply in Scotland, so this is purely out of interest.
Thank you for your comments.
Regards,
Edith
*******************************************
Edith Pringault-Adam Msc RM
Information and Records Manager
Aberdeenshire Council
Bberry: 07767618856
Telephone: (01569) 768250
Internal: 724 - 8250
[log in to unmask]
Information is a key asset. Unlock its potential!
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