Councillors are over 18 and a British National, but could also be a citizen of the Commonwealth or the European Union.

The main rules of law governing the role of the Chair of a parish council are set out in the Local Government Act 1972, principally within Schedule 12, which sets out, for example:

• that the Chair must preside at a meeting of the parish council if he or she is present and

• that it is the person who presided at the meeting who has the responsibility to sign the minutes as a true record.

• It is the duty of the Chair "to preserve order, and to take care that the proceedings are conducted in a proper manner, and that the sense of the meeting is properly ascertained with regard to any questing which is properly before the meeting"

National Dwellings Society v Sykes (1894)

It is the Chair's responsibility:

a) To determine that the meeting is properly constituted and that quorum is present;

b) To inform himself as to the business and objects of the meeting;

c) To preserve order in the conduct of those present;

d) To confine discussion within the scope of the meeting and reasonable limits to time;

e) To decide whether proposed motions and amendments are in order,

f) To formulate for discussion and decision questions which have been moved for the consideration of the meeting;

g)To decide points of order and other incidental questions which require decision at the time;

h) To acertain the sense of the meeting by;

(i) Putting relevant questions to the meeting and taking the vote thereon (and if so minded giving a casing vote);

(ii) Declaring the result; and

(iii) Causing a ballot to be taken if duly demanded;

(i) To approve the draft minutes or other record of proceedings (with the consent of the meeting);

(j) To adjoun the meeting when circumstances justify or require that course; and

(k) to decare the meeting closed when its business has been completed

"Knowles on Local Authority Meetings" (ICSA Publishing)

Voting

During the meeting, if a vote on a matter is tied, the Chair, or other person presiding, has a second or casting vote.

The Chair's term of office continues until the appointment of a successor, other than where the Chair resigns or is disqualified. This continuity also applies when the Chair has not been re-elected following local elections. In this case, the Chair does not have a vote on the appointment of a successor but does have a casting vote in the event of equal votes.

The Clerk is employed by the Council to provide administrative support and professional advice for the Council's activities.

The Clerk cannot be self-employed. It is important that Councillors, partner organisations and the local community appreciate that a Clerk is a professional officer.

The Clerk is not answerable to any individual Councillor - not even the Chairman. The Clerk is an independent and objective servant of the Council, recognising that the Council is responsible for all decisions and taking instructions from the Council as a body.

The Clerk is the 'Proper Officer'. This title used in law refers to the appropriate officer for the relevant function. The Council must appoint officers it needs to discharge its functions. In finance, the Proper Officer is known as the Responsible Financial Officer. The RFO is often the Clerk, but not always.

As an independent and objective professional, the Clerk advises the Council on whether decisions are lawful, researches topics of concern and provides unbiased information that helps the Council to make appropriate choices.

Legally councils can agree to delegate decisions to clerks because they are professional officers whose independence allows them to act on behalf of the council.