Does a Parish Council legally have to have an Officer called the Parish Clerk.

Question

Can this secretarial work be undertaken by a contractor as long as they don't have any authority / official Parish Council responsibilities. The RFO which is often a Parish Clerk role can be done by an unpaid Councillor.

Answer 1

There must be an officer, employed by the council, you can call them what you like, but the must be an officer of the council.

There are quite a few sections of LGA 1972 that require an officer to be employed by council.

Recent HMRC guidance would also frown on the contractor model, as they would view it as disguised employment.

Answer 2

Please understand that the role of Parish Clerk is not a secretarial role - it is one that requires professional judgement, knowledge of legislation, finance, employment law, PR, social relations and a host of other skills.  Taking of minutes is just one very small aspect of the job.  There are professional qualifications to take and without the overseeing of the council by the clerk, many councils would be heading for illegal practices and a minefield of litigation.

It is not a job you can just do, you have to learn constantly.

Comments

Well said! And many Clerks go beyond the call of duty often working longer hours that they are contracted for.

Answer 3

No, as long as the person concerned meets the remit of the Proper Officer of the authority as set out in section 112 of the Local Government Act (LGA) 1972.    Some Clerks have tried to get themselves re named as "Executive Officer" etc but it has to ratified with a full council resolution.  https://www.otleytowncouncil.gov.uk/council/executive-officers-team/

Answer 4

The fact that you think the job is a secretarial post suggests that you may require further training!

Answer 5

If payment is involved the person must be employed and not self employed.