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Provision of a clerk to a governing body

3.—(1) For the purpose of this regulation a clerk to a governing body is—

(a)a person appointed by virtue of regulation 42 to perform the functions set out in regulation 43 of the 2005 Regulations; or

(b)a person appointed by virtue of regulation 50 to perform the functions set out in regulation 51 of the 2010 Regulations.

(2) If a governing body makes a request to the local authority to provide a person for appointment as a clerk, that local authority must provide a suitable person for appointment within 16 weeks of the request being received by the local authority.

(3) A suitable person is—

(a)a person who has satisfactorily completed the training; or

(b)a governor support officer.

(4) The local authority may charge a fee for providing a person to act as a clerk to the governing body.

(5) Where a local authority exercise the power to charge a fee under paragraph (4) the fee charged must not exceed the cost of providing the clerk.