Question

Where can I find the relevant legislation, please.

Answer 1

The Local Government Act 1972, schedule 12, paragraph 11 and 27.

https://www.legislation.gov.uk/ukpga/1972/70/schedule/12/paragraph/11

https://www.legislation.gov.uk/ukpga/1972/70/schedule/12/paragraph/27

A Clerk can never Chair a meeting or take the functions of Chair. Hence why ultimately in the Jackie Weaver saga, the District Council ultimately had to agree that the Parish Chairman was right and Mrs Weaver exceeded her authority as she acted as Chair (as only chair can exclude from a meeting).

Comments

Yet NALC STILL use her as a poster girl for PC recruitment….  And that pretty much tells you all you need to know about NALC!

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Isn't it funny that in the Weaver debacle media never let the truth get in the way of a good story and even now she is referred to as some sort of folk hero? ( but still wrong in her actions)

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I agree totally with comments. It would be pleasant if NALC or the County Town and Parish Council organisations put out a bulletin stating that Clerks cannot act in the place of the Chairman. Even a clerk that holds the clerks certificate is still acting, at the Parish councils annual meeting as the chairman when asking for the nominations of Chair. The present chairperson goes and sits in another seat until the position of Chair is decided.

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That’s just a symptom of ill informed Cllrs I’m afraid. Anyone of them ‘could’ challenge this practice…

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If only training for clerks and councillors was compulsory.  It's a sector like no other for the antiquated and outdated ways we find ourselves having to work.
*ignites debate and retires to a safe distance*