Who is the person for having the custody of any such document?

Question

Hi      

With regards to paragraph 7 of section 228 of the Local Government Act 1972, is it the parish clerk or the chairman who is the person for having the custody of any such document?

Any advice would be most appreciated.

Thank you.

Sam

Answer 1

It is or should be the Proper Officer (the Clerk) - or any body acting in their capacity such as a deputy clerk or office staff.

Why would you think it might be the chair?  Is the chair of your PC/TC keeping the docs to themselves?

Comments

My confusion in this matter was due to section 225 of the Act since it states 'In any case in which a document of any description is deposited with the proper officer of a local authority, or with the chairman of a parish or community council or with the chairman of a parish meeting.'
However, many thanks for your clarification Graeme_r.

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There are parish meetings, or community councils that don't have any staff  so the chairman of such meetings might be the only people who could store the docs.  the Chair of a parish Council may also temporary hold a document that he/she is required to countersign such as the AGAR etc.

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Thanks again. I now understand the clerk at my parish council is the relevant person for having the custody of the documents under the Act.