In addition to his or her secretariat functions, the clerk or secretary to the governing body generally has legal responsibilities and is expected to advise on:
In undertaking these roles, the clerk is acting as a check that the governing body acts within its powers and complies with its legal obligations. The activities of governing bodies are subject not only to those laws concerning their own powers and conduct, but also to other applicable legislation, for instance, to charities and to employers in general. The clerk cannot be expected to be a legal expert or to be acquainted in detail with the full range of the law, but like a good lawyer the clerk should know where to look, who to refer to, and should (from time to time) seek legal advice for the board before it takes or authorises decisions.
The clerk also needs to be conversant with the specific legislation that relates to the duties, powers and procedures of governing bodies, and have a general grasp of the scope of legislation which affects the conduct of the institution. Click here for more on the role of the clerk in general.