Key Facts F. Role of the Clerk

It is normal for a member of staff, usually the Clerk, to take minutes of meetings. In the absence of the Clerk or other member of staff, a councillor may be nominated to take notes for the preparation of minutes. Meetings may be recorded to aid preparation of the draft minutes, which must be agreed and signed at the next suitable meeting by the Chair (at that meeting). The recording may then be deleted unless the Council has agreed a longer retention period. 

The Clerk is the Council's 'Proper Officer' appointed under S112 of the Local Government Act 1972 and has duties to issue agendas in their name to summons Councillors to meetings of the Council under Schedule 12 of that Act. 

During a meeting, the Clerk may be called upon by the Chair to give guidance, including procedural matters relating to the conduct of the meeting, background information on agenda items, and internal procedures and policies. Although the Chair is responsible for determining the correct application of the standing orders that regulate the meeting, the Clerk may need to assist in providing guidance to the Chair and the Council as a whole.

The Clerk may also be asked to assist in the interpretation of statutory powers and duties, and if any prohibitions, restrictions or limitations exist. The Clerk can only give guidance if they have sufficient knowledge or experience.  They cannot give legal advice unless they are a qualified legal professional.