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RECORDS-MANAGEMENT-UK  November 2005

RECORDS-MANAGEMENT-UK November 2005

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Subject:

Re: Retention & Disposal schedules and Scotland

From:

"Geddes, Craig" <[log in to unmask]>

Reply-To:

Geddes, Craig

Date:

Thu, 24 Nov 2005 10:13:36 -0000

Content-Type:

text/plain

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Karen

what a good question! Don't know that I can think who might be able to give you an answer, though.

As for the COSLA retention schedule project, this looks to have fizzled out somewhat. We took a paper there in May or June suggesting what a wonderful idea it would be. Although a couple of individual authorities said that they were happy to commit, COSLA have never taken ownership and nothing - as far as I know - has happened there since. 

Perhaps more promising might be the work on the ASLAWG draft generic retention schedule. This, having laying dormant for some time, is being looked at again. I know that the officer leading on that is on this mail list; I'm sure she'll contact you direct if she knows of any work there.

Do let us know your findings

Cheers, Craig
____________________
     Craig Geddes,
     Council Records Manager

     Legal Services
     East Renfrewshire Council
     Eastwood Park
     Rouken Glen Road
     G46 6UG

     (0141) 577 3059


-----Original Message-----
From: The UK Records Management mailing list
[mailto:[log in to unmask]]
Sent: 24 November 2005 09:25
To: [log in to unmask]
Subject: Retention & Disposal schedules and Scotland


Calling experts in law (particularly Scottish) and
records retention!

Something in RM has been worrying me for a while. (No, not e-mail or 
implementing functional classifications schemes or issues with migrating
vast amounts of largely unstructured data..) I have consulted a few 
colleagues in Scotland with my quandary but to no avail. 

In Scotland it is the Prescription and Limitation (Scotland) Act 1973 (P&L Act) as amended that applies and not the Limitation Act 1980. Although
some scottish retention schedules acknowledge this fact and some even list the P&L Act at the level of pertinent sections of a schedule, i.e. Finance, 
no schedule I have seen references the P&L Act at the record series level. Compare this to the level of detail you find on the JISC Retention Schedule 
when the Limitation Act is quoted against a record series.

Don't think I haven't tried here. I have a copy of both Acts. The 
Limitation Act 1980 is clear, crystal in fact. The P&L Act might as well be
written in Martian!  What's more where six years is the bog standard as far as the Limitation Act 1980 is concerned the P&L Act references one and
five years. So it is wrong to think that one can just substitute reference to the Limitation Act with the P&L Act in a schedule. 

Can someone please provide an update on the records management work of 
COSLA (Convention of Scottish Local Authorities) and the retention schedule they were aiming to produce? Is it still in draft? Is it available online?

Has anyone else looked at this issue and produced a conversion table or 
done some useful work on interpretation and comparison? If so, please will you share? Or can anyone suggest another oracle to consult? (I haven't 
approached the NAS yet. Unsure if the TNA will be that interested. However they do acknowledge the existence of the difference in one of the Best 
Practice retention schedules).

I am quite happy to be told that I am being incredibly thick and that the P&L Act is quite clear, providing someone can explain the Martian /
gobble- dee-gook to me or show me a schedule citing the P&L Act at the 
level of granularity as the JISC model. Of course, what a comfort it will
be to hear that I am not the only one that has found this issue difficult to over come without legal knowledge or access to it.

Why am I so concerned? Well from a local perspective I don't want to fudge the issue, I want to get our retention schedule correct. I want it to be as 
clear and unambiguous as possible. More widely, its not just me this 
applies to, its an entire nation!

Hoping someone can stop me worrying and from migrating south for an easier life! 
Karen


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