Councillor Roles & Responsibilities

The Parish Council

Parish Councillors are elected by the electors of the Parish, under section 16 (2) of the Local Government Act 1972, every four years. A councillor may also be returned by bye-election, co-option, appointment by the district council or by return after a successful election petition. All Councillors are required to complete a declaration of Acceptance of Office and to provide a written undertaking that they accept the Council's Code of Conduct.

Individual Councillors work together to serve the community and to help the Council to make decisions on behalf of the local community. Councillors contribute to the work of the council by suggesting ideas, engaging in constructive debate and by responding to the needs and views of the community representing their constituents. Councillors comment on proposals to ensure the best outcome and vote to enable the council to make decisions.

Councillors must accept the decisions of the Council as a whole even if they do not agree with it. In such circumstances a Councillor may ask for a vote against a resolution to be recorded. Councillors are required to behave in an ethical.

The Local Government Act of 1894 created civil Parish Councils effectively excluding the church from local government. Local government was further reformed in 1974 following the Local Government Act of 1972 with the result that Parish Councils had more freedom to operate without consents from central government. A Parish Council is a body corporate under section 14 (3) of the Local Government Act 1972, which means that it is an 'it' in law and that the decisions it takes are the responsibility of the Council as a whole.

The Council is responsible for the services it provides. It establishes policies for action and decides how money will be raised and spent on behalf of the community. It is responsible for spending public money lawfully and achieving the best value for money.

Except in certain circumstances (Public Bodies (Admission to Meetings) Act 1960) Council meetings are open to the public.

The Council as a body decides whether to work in partnership with other organisations and it often serves (through representatives) on other bodies.

An individual Councillor (including the Chair) cannot make a decision on behalf of the council so when working in partnership, Councillors must always remember that they represent the Council as a corporate body.

The Chair

• Holds a statutory post defined in law
• Is a member of the Council and is elected annually
• Has the authority at meetings and must be obeyed when issuing lawful direction or direction in line with Standing Orders
• The one to welcome speakers and make them 'feel at home'
• Is to make sure the decision is clear for the Chief Executive Officer/All Officers to act upon.

The Chair should

• Arrive in good time, adequately briefed and with all the necessary papers in correct order.
• Ensure the meeting is quorate
• Start the meeting on time by declaring it open and end it by clearly stating it closed and the time it ended.
• Know that he/she has no more statutory power than any other Councillor except that of the casting vote.
• Ensure that all points of view have a clear hearing
• Keep the discussion to the point, and that it is relevant and ensure the Council deals with clear issues
• Ensure the Council/Committee acts only within its Terms of Reference and/or legal powers and functions
• Ensure compliance with Standing Orders, Financial Regulations, Council Policies, etc.
• To ensure that where and when appropriate and allowable the Council takes a vote to exclude the public and press from Council meetings.
• Understand the principles of debate and voting (see Standing Orders)
• Remain impartial and not 'guide' Councillors to his/her desired decision.
• Create an atmosphere which encourages participation
• Be in control of the meeting.
• Know that he/she cannot be a committee of one (Hillingdon Case Law)
• Respect and understand the role of the Chief Executive Officer/RFO and other Officers, and ensure that employment issues (e.g.  performance, disciplinary matters) are only raised in Council meetings when appropriate and in line with Council Policy and employment law.
• Co-operate with Officers and Councillors
• Act as a representative of the Council at civic or local events

The Chair on her/his own has no power to make decisions without the Resolution of the Council.

The Chair cannot decide which items should appear on the agenda for meetings. The Chief Executive Officer, or Officer overseeing the Committee is responsible for the agenda, apart from Extraordinary Meetings.

The Chair should not involve herself/himself in the day-to-day administration of the Council.