New Towns Act (Northern Ireland) 1965

29 Provisions supplemental to section 28. N.I.

(1) A municipal functions order may make—

(a) such provision with respect to any function which, by virtue of the order, ceases to be exercisable by the council of a …F1 district and becomes exercisable by the new town commission or by the council of any other …F1 district; and

(b) such incidental, consequential, transitional or supplementary provisions,

as appear to the Ministry necessary or expedient for the purpose of giving full effect to the order, including provisions—

(i) for the modification and adaptation of transferred provisions in pursuance of section 30;

(ii) for the transfer to the new town commission or to the council of any such other …F1 district of any property or rights enjoyed or liabilities already incurred by the first-mentioned council in connection with any such function;

(iii) where expedient for the purpose of any transfer such as is mentioned in paragraph (ii), for the severance of any such property, rights or liabilities and the apportionment thereof between the new town commission, the first-mentioned council and the council of any such other …F1 district or any of them, in such manner and in such proportions as the Ministry considers just;

(iv) for enabling any financial adjustment to be made in consequence of any distribution of functions by virtue of the order or in consequence of any alteration in the boundary of a …F1 district to which the order applies;

(v) with respect to the constitution or functions or the property, rights or liabilities …F1 of any joint committee any member of which was appointed by the council of the …F1 district or other district, or of any committee or sub-committee of any such …F1 joint committee; and

(vi) for the transfer to the service of the new town commission or of the council of any such other …F1 district (as the case may require) of any person employed by the first-mentioned council for the purposes of any such function.

(2) A municipal functions order may deal with any matters that, for the purposes of section 277 of the Public Health (Ireland) Act 1878 [1878 c.52] (settlement of differences arising out of transfer of functions, etc.), may be dealt with by an order or a provisional order made under that section.

(3) A municipal functions order may provide that any adoptive Act shall be in force in the area in relation to which the new town commission are authorised to exercise their municipal functions, and, upon the commencement of the order, that Act shall be so in force as if it had been adopted for that area.

(4) In this section—

• “adoptive Act” means the Towns Improvement (Ireland) Act 1854 [1854 c.103] and any transferred provision that is capable of being adopted for [F2 a] district;

• Definition rep. by SRO (NI) 1973/285; 1973 NI 2

• “joint committee” means a body, …F1 constituted under any transferred provision for the purpose of a combination of [F2 district councils] and consisting exclusively of persons appointed by those [F2 councils].

F1 SRO (NI) 1973/285

F2 SRO (NI) 1973/285