Local Government Act (Northern Ireland) 1972

PART IN.I.DISTRICTS AND COUNCILS

1District councils.N.I.

(1)For every local government district established in pursuance of [F1section 1 of the Local Government (Boundaries) Act (Northern Ireland) 2008 ] or the succeeding provisions of this Act there shall be a district council which—

(a)shall consist of members—

[F2(i)elected by the local electors (within the meaning of section 130(1) of the Electoral Law Act (Northern Ireland) 1962) in each district electoral area in the district in accordance with the provisions of the Electoral Law Acts (Northern Ireland) 1962 to 1971 and the provisions of the Local Elections (Northern Ireland) Order 1985;]

(ii)of whom one shall be chairman and another may be vice-chairman; and

(b)shall have such functions as are conferred on the council by any statutory provision.

(2)A council shall be a body corporate with perpetual succession, and, subject to the provisions of this Act,—

(a)the name of the council shall be the name of the district with the addition of words “district council” ; and

(b)section 19 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to the council.

(3)In this Act—

  • “district” means a local government district such as is mentioned in subsection (1);

  • “council” means a district council;

  • “councillor” means a member of a council.

F1Words in s. 1(1) substituted (3.10.2013 for specified purposes, 26.5.2014 for further specified purposes, 1.4.2015 for remaining purposes and with effect in accordance with art. 4(1) of the commencing Rule) by Local Government (Boundaries) Act (Northern Ireland) 2008 (c. 7), ss. 3(1), 5(3); S.R. 2013/238, arts. 2, 3(1), 4(1), 5(1) (with arts. 3(2), 4(2), 5(2)-(4) (as amended (31.3.2015) by S.R. 2015/210, art. 2))

F2SI 1985/454

2Boroughs.N.I.

(1)A council may, in pursuance of a special resolution of the council, submit a petition to the Governor praying for the grant of a charter designating the district of the council a borough.

(2)Where a petition is submitted under subsection (1)—

(a)the Privy Council shall cause notice of the petition, and of the time when it pleases the Governor to order that the petition be taken into consideration, to be published in the Belfast Gazette at least one month before that time;

(b)the Governor, if by the advice of the Privy Council he thinks fit to do so, may grant a charter designating the district a borough.

(3)The designation of a district as a borough shall not affect the entity of the council for the district or derogate from its functions, but the charter shall have effect for such ceremonial and other purposes (including the designation of aldermen, who shall number not more than one-quarter of the whole number of the councillors, and the conferment of the freedom of the borough) as may be specified in the charter.

(4)Where a charter is granted under this Act before [F3 1st October 1974], designating a district a borough, the roll of honorary freemen of any borough existing in the district immediately before [F4 1st October 1973] shall become and form part of the roll of honorary freemen of the borough designated by the charter.

(5)A copy of every charter granted under this Act shall be laid before Parliament.

(6)All expenses in connection with a petition, or the grant of a charter, under this Act shall be paid by the council for the district.

(7)Subject to subsection (8), where a charter (whether granted under this Act or continuing to have effect by virtue of section 132(3)) has effect in relation to a district—

(a)the district shall be known as a borough;

(b)the council shall be known as the council of the borough;

(c)the chairman, and the vice-chairman, if any, of the council shall be known as, respectively, the mayor and the deputy mayor of the borough;

(d)those of the councillors who are designated as aldermen, in accordance with the charter, shall be known as the aldermen of the borough.

(8)Where a borough is a city, for any reference in subsection (7) to the borough there shall be substituted a reference to the city; and, where the mayor of a city is entitled to bear the title of lord mayor, for the reference in paragraph ( c) of subsection (7) to the mayor there shall be substituted a reference to the lord mayor, and for the reference in that paragraph to the deputy mayor there shall be substituted a reference to the deputy lord mayor.

(9)In this Act references to a district, council, chairman or vice-chairman include references to, respectively, a borough, borough council, mayor or deputy mayor, references to a councillor, except in relation to the nomination or election of councillors, include references to an alderman, and references to, or any references which are to be construed as references to, a borough, borough council, mayor or deputy mayor include references to, respectively, a city, city council, lord mayor or deputy lord mayor.

PART IIN.I.MEMBERS, MEETINGS AND PROCEDURE

N.I.Councillors

3Qualifications.N.I.

(1)A person shall, unless disqualified by virtue of this Act or any other statutory provision, be qualified to be elected and to be a councillor, if on the relevant day he has attained the age of [F5eighteen] years and is a [F6qualifying Commonwealth citizen] or[F7 a citizen of the Republic of Ireland][F8 or a relevant citizen of the Union] and—

(a)on that day he is a local elector for the district of the council; or

(b)he has during the whole of the twelve months immediately preceding that day—

(i)occupied as owner or tenant any land in the district of the council, or

(ii)resided in the district of the council; or

(c)his principal or only place of work during that twelve months has been in the district of the council.

(2)In this section[F8 “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union) and “relevant citizen of the Union” means such a citizen who is not a [F9qualifying] Commonwealth citizen or a citizen of the Republic of Ireland; and] “relevant day”, in relation to any candidate, means the day on which he is nominated as a candidate and also, if there is a poll, the day of his election.

(3)For the purposes of subsection (1), in its application to any candidate, the district shall be treated as having been established not less than twelve months before the day on which he is nominated as a candidate.

[F10(4)In the application of this section to a person who is a candidate to be returned under section 11D, 11E or 11F (casual vacancies) of the Electoral Law Act (Northern Ireland) 1962, references to the date on which the person is nominated as a candidate are to the date of the person's response under section 11D or declaration under section 11E or 11F (as the case may be).]

[F11(4)For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

(a)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(5)But a person is not a qualifying Commonwealth citizen by virtue of subsection (4)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).]

F5Words in s. 3(1) substituted (7.2.2007) by Electoral Administration Act 2006 (c. 22), ss. 17(6), 77(2); S.I. 2007/230, art. 2

F8SI 1995/1948

Modifications etc. (not altering text)

4Disqualifications.N.I.

(1)Subject to section 5, a person shall be disqualified for being elected or being a councillor if—

(a)he holds any paid office or other [F12employment, appointments to which are made by a council if it is a prescribed office or employment ]; or

[F13(b)is the subject of—

(i)a bankruptcy restrictions order F14...; or

(ii)a debt relief restrictions order F14...;]

[F15(c)he is disqualified for being elected or being a councillor under Article 19 or 20 of the Local Government (Northern Ireland) Order 2005;]

[F16(cc)he has been found guilty of one or more offences by any court in Northern Ireland or elsewhere in the British Islands and sentenced or ordered to be imprisoned or detained indefinitely or for three months or more without the option of a fine and either of the periods mentioned in subsection (3) is current; or]

(d)he has within the five years immediately preceding the day of his election or at any time subsequent to that dayF16. . . been guilty of any conduct which the High Court has by order declared was reprehensible within the meaning of section 31; or

[F16(dd)within the five years immediately preceding the day of his election or at any time subsequent to that day, a determination has been made by the High Court that he has acted in breach of the terms of a delaration against terrorism as defined in section 7 of the Elected Authorities (Northern Ireland) Act 1989; or]

(e)he is disqualified for being elected or being a councillor either under section 6(2) or under any other statutory provision (including a provision relating to corrupt or illegal practices).

[F17(f) he has received a severance payment (within the meaning of section 19 of the Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010).]

[F18(1A)The Department must by 30th September 2014 make regulations under subsection (1)(a).]

Subs.(2) rep. by 1985 NI 15

[F16(3)The periods referred to in subsection (1)(cc) are—

(a)the period of his actual imprisonment or detention (including any time when he is unlawfully at large), and

(b)the period of five years beginning with his discharge.

(4)For the purposes of subsections (1)(cc) and (3)—

(a)consecutive terms of imprisonment or detention imposed in respect of offences of which the offender was found guilty in the same proceedings are to be treated as a single term,

(b)the release of an offender on licence or in pursuance of a grant of remission is to be treated as his discharge, whether or not his release is subject to conditions, but if, in respect of the same offence or offences, he is required to return to prison or detention for a further period the reference in subsection (3) to his discharge includes a reference to his discharge in respect of that further period, and

(c)the reference in subsection (1)(cc) to a sentence or order does not, except in a case where the sentence or order does take effect for any term, include one that is ordered not to take effect unless the conditions specified in the order are fulfilled and, in such a case, the original sentence or order is to be treated as a sentence or order of imprisonment or detention for that term.]

[F19(5)In the application of this section to a person who is a candidate to be returned under section 11D, 11E or 11F (casual vacancies) of the Electoral Law Act (Northern Ireland) 1962, references to the day of the person's election are to the date of the person's response under section 11D or declaration under section 11E or 11F (as the case may be).]

F14Words in s. 4(1)(b)(i)(ii) repealed (1.4.2015) by Local Government Act (Northern Ireland) 2014 (c. 8), s. 129, Sch. 10 (with s. 124(4)); S.R. 2015/209, art. 2, Sch. 1

Modifications etc. (not altering text)

5Disqualifications to become inapplicable in certain cases.N.I.

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Penalties for acting while disqualified.N.I.

(1)Subject to the succeeding provisions of this section, if any person acts or purports to act as a councillor while disqualified within the meaning of this section for so acting, he shall be guilty of an offence and shall be liable—

(a)on conviction on indictment, to[F21 an unlimited fine] or to imprisonment for a term not exceeding one year, or to both; or

(b)on summary conviction to a fine not exceeding[F21 level 3 on the standard scale].

(2)A person who is convicted of an offence under subsection (1) shall for a period of five years next occurring after the date of conviction be disqualified for being elected or being a councillor.

(3)A person shall be deemed to be disqualified within the meaning of this section for acting as a councillor of a council—

(a)if, under any statutory provision, he is disqualified for being, or is not qualified to be, a councillor of that council; or

(b)if for any reason, he has ceased to be a councillor of that council.

(4)Where on a prosecution for an offence under subsection (1) it is alleged against any person that at the day of his election he was disqualified for being elected a councillor, and the court is satisfied that a local election petition questioning his election has, within the time specified in section 80 of the Electoral Law Act (Northern Ireland) 1962 [1962 c.14] , been presented under section 79 of that Act, the court shall adjourn the prosecution pending the final determination of the trial of that petition and shall on any adjourned hearing after such determination take into account any finding of law embodied therein so far as the same may be relevant.

Modifications etc. (not altering text)

7Declaration on acceptance of office.N.I.

(1)A person elected to the office of councillor shall not act in that office until he has made, and has served on the clerk of the council, a declaration in the form set out in Part I of Schedule 1.

(2)If a person elected to the office of councillor does not make the declaration mentioned in subsection (1), and serve it on the clerk of the council, within the period of two months from the day of his election, the office of the person elected shall at the expiration of that period become vacant.

Modifications etc. (not altering text)

F227ANorthern Ireland code of local government conduct.N.I.

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8Resignation.N.I.

(1)A councillor may at any time resign his office as such by notice signed by him and served on the clerk of the council.

(2)A resignation shall take effect upon the receipt by the clerk of the notice of resignation.

9Vacation of office on account of non-attendance.N.I.

[F23(1)Subject to subsections (2) [F24to (4)] , if a councillor fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the council, he shall, unless the failure was due to some reason approved by the council before the expiry of that period, cease to be a member of the council.

(2)Attendance—

(a)at a meeting of—

(i)any committee or sub-committee of the council;

(ii)any joint committee or any of the sub-committees to which any of the functions of the council have been delegated;

(b)as a representative of the council at a meeting of any body, attendance at a meeting of which is an approved duty for the purposes of regulations made under section [F2531 of the Local Government Finance Act (Northern Ireland) 2011],

shall be deemed for the purposes of subsection (1) to be attendance at a meeting of the council.]

(3)A member of any branch of Her Majesty's naval, military or air forces, when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Ministry, would entitle his absence to be excused, shall not cease by virtue of subsection (1) to be a councillor by reason only of his failure to attend meetings of the council if that failure is attributable to that employment.

[F26(4)Any period during which a councillor is suspended or partially suspended under Part 9 of the Local Government Act (Northern Ireland) 2014 is to be disregarded for the purpose of calculating the period of six months under subsection (1) (and accordingly—

(a)a period during which a councillor fails to attend meetings of the council that falls immediately before, and

(b)a period during which a councillor fails to attend meetings of the council that falls immediately after,

a period of suspension or partial suspension are to be treated as consecutive).]

10Declaration of vacancy in office in certain cases.N.I.

Where a councillor—

(a)becomes disqualified for being a councillor[F27otherwise than under Article 19 or 20 of the Local Government (Northern Ireland) Order 2005 or by reason of] a conviction[F28 or of a determination by the High Court that he has acted in breach of the terms of a declaration against terrorism as defined in section 7 of the Elected Authorities (Northern Ireland) Act 1989], or of his being guilty of any conduct which the High Court has by order declared was reprehensible within the meaning of section 31, or of a breach of any statutroy provision relating to corrupt or illegal practices; or

(b)ceases to be a councillor by reason of failure to attend meetings of the council;

the council shall forthwith declare his office as councillor to be vacant and signify the vacancy by notice signed by the clerk of the council and published in such manner as the council directs.

N.I.Chairman and vice-chairman

F2911Chairman.N.I.

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12Payment of allowance to chairman.N.I.

F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2912AElection of chairman.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2913Vice-chairman.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2914Declaration of acceptance of office.N.I.

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F2915Resignation.N.I.

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F2916Vacation of office on account of absence from district.N.I.

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F2917Casual vacancy in office of chairman.N.I.

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N.I.Committees

F2918Power to appoint committees and sub-committees.N.I.

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F2919Joint committees.N.I.

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F2919AVoting rights of members of committees, sub-committees and joint committees.N.I.

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F2920Expenses of joint committees.N.I.

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F2921Disqualification for membership of committees.N.I.

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N.I.Procedure of council and committees

F2922Meetings and proceedings.N.I.

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N.I.Admission to meetings

F2923Admission of public to meetings.N.I.

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F2924Information to be given as to meetings.N.I.

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F2925Facilities for newspaper representatives.N.I.

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F2926Certain publications to be privileged.N.I.

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F2927Savings.N.I.

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N.I.Pecuniary interests

28Disclosure of councillors' pecuniary interests and disability from voting on account thereof.N.I.

F31(1)Except as provided by section 29 and subject to subsection (2), it shall be the duty of every councillor who has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter and is present at any meeting of the council at which that contract, proposed contract or other matter is, or is to be, considered to disclose openly to the meeting and as soon as practicable after the commencement thereof the nature of his interest and—

(a)not to preside over or take any part in the consideration or discussion of, or to vote on any question with respect to, that contract, proposed contract, or other matter; and

(b)unless the contract, proposed contract or other matter is under consideration by the council merely as part of a report of a committee or sub-committee thereof and does not itself become the subject of separate debate, to withdraw from the meeting while that matter is being considered.

(2)Where the councillor in question is treated as having a pecuniary interest by reason only of his beneficial ownership of shares in a company or other body to which section 146(1)( b) applies and the total nominal value of those shares does not exceed the lesser of—

(a)five hundred pounds; or

(b)one-hundredth of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, of the issued share capital of the class or classes of shares in which he has an interest;

subsection (1) shall not have effect in relation to that pecuniary interest.

(3)It shall be the duty of every council to record in the minutes of a meeting particulars of any disclosure made to that meeting under subsection (1) and of any subsequent withdrawal from the meeting pursuant to that subsection.

(4)In addition, the clerk of the council shall enter in a separate book to be kept by him for the purpose, a record of every such disclosure or withdrawal and of every disclosure or withdrawal required to be made under section 30 or 46 and that book shall be available at all reasonable hours for inspection by any councillor or[F32 by any person].

(5)Subject to subsection (6) and without prejudice to section 31, any person who acts in contravention of subsection (1) shall be guilty of an offence and shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding one year or to a fine or to both; or

(b)on summary conviction, to a fine not exceeding[F33 level 3 on the standard scale].

(6)It shall be a defence for the person charged with an offence under subsection (5) to prove that at the time of the offence—

(a)he did not know and had no reason to believe that the contract, proposed contract or other matter in which he had a pecuniary interest was being considered at the meeting; or

(b)that he believed, in good faith and upon reasonable grounds, that he had no pecuniary interest which he would be required to disclose under subsection (1).

(7)A prosecution for an offence under this section shall not be instituted except by or with the consent of the Attorney-General, and the bringing of, or the failure to bring, such a prosecution shall not affect any proceedings instituted by the Attorney-General under section 31 with respect to any transaction to which that section applies.

(8)A reference in this section to a person being a councillor shall include a reference to his sitting or voting or otherwise acting as a councillor.

Modifications etc. (not altering text)

C10Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C11Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 1 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

29Restrictions on application of section 28.N.I.

F34(1)Where (whether on the application of any council or of any councillor or in any other case) the Ministry is satisfied with respect to any pecuniary interest giving rise or likely to give rise to a disability under section 28(1) that—

(a)the number of councillors who would for the time being be subject to disability on account of the pecuniary interest constitutes so great a proportion of the whole as to impede the transaction of the business of the council; or

(b)in any other case, it is, having regard to all circumstances appearing to the Ministry to be relevant, in the interests of the persons represented on a council that the pecuniary interest should not give rise to a disability under section 28;

the Ministry may, subject to such conditions as it thinks proper, direct that so much of section 28 as would, but for this section, operate to impose any disability on account of that interest or to penalise any person on account thereof shall not apply in relation to that interest.

(2)Section 28 shall, in its application in relation to any council in respect of which a direction is made by the Ministry under subsection (1), have effect subject to and in accordance with that direction.

(3)Notwithstanding anything in section 28, a councillor shall not be subject to any duty, disability or penalty under that section by reason of his taking part in the consideration or discussion of, or vote on, the question whether any application should be made to the Ministry for a direction under this section.

Modifications etc. (not altering text)

C10Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C11Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 1 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

30Relatives of councillors.N.I.

F35(1)Every councillor shall disclose to the council in writing any relevant family relationship known to him to exist between himself and any person who he knows either holds, or is a candidate for appointment to, any office under the council.

(2)All disclosures made under subsection (1) shall as soon as practicable be brought by the clerk of the council to the notice of the council and—

(a)it shall be the duty of the council to record in its minutes particulars of the disclosure; and

(b)if the councillor required to make the disclosure is present at any meeting of the council at which any question relating to or affecting the appointment, remuneration, tenure or conditions of service, promotion, status, conduct, dismissal, suspension, retirement or superannuation of the person to whom he stands in a relevant family relationship is under consideration, he shall withdraw from that meeting while that question is being considered and his withdrawal shall be duly recorded in the minutes of the proceedings of that meeting.

(3)Subsections (4), (7) and (8) of section 28 shall have effect for the purposes of this section as they have effect for the purposes of that section.

(4)Any councillor who acts in contravention of subsection (1) or subsection (2)( b) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F36 level 3 on the standard scale].

(5)It shall be a defence for a councillor charged with an offence under subsection (2)( b) to prove that—

(a)he did not know and had no reason to believe that a question relating to or affecting a person to whom he stood in a relevant family relationship was being considered at the meeting referred to in that subsection; or

(b)the person to whom he stood in a relevant family relationship was only one of a class or category of persons similarly affected or likely to be similarly affected by a decision taken by the council with respect to the matter referred to in that subsection.

(6)For the purposes of this section, a relevant family relationship shall be deemed to exist between a councillor and an officer or candidate if they are husband and wife[F37 or civil partners] or if the officer or candidate, or the husband or wife[F37 or civil partner] of the officer or candidate, is the—

(a)parent;

(b)grandparent;

(c)grandson or granddaughter;

(d)son or daughter;

(e)brother or sister;

(f)uncle or aunt; or

(g) nephew or niece;

of the councillor or of the husband or wife[F37 or civil partner] of the councillor.

Modifications etc. (not altering text)

C10Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C11Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 1 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

31Recovery of wrongful gains and remedies against councillor guilty of reprehensible conduct.N.I.

F38(1)Where any councillor has, knowingly and for purposes of gain,—

(a)failed to disclose, in contravention of any of the provisions of this Act, his pecuniary interest, direct or indirect, in any relevant transaction; or

(b)taken part in, or influenced or sought to influence, any action of the council with respect to a relevant transaction; or

(c)used with respect to a relevant transaction information available to him as a councillor; or

(d)abused in any way with respect to a relevant transaction his position as a councillor;

his conduct shall be deemed to be reprehensible within the meaning of this section.

(2)If the Attorney-General considers that the conduct of any councillor was reprehensible within the meaning of this section, he may institute proceedings in the High Court for a declaration that the conduct of the councillor was reprehensible within the meaning of this section and for such further or other relief as may be given by the Court under this section.

(3)Where in proceedings under subsection (2) the High Court is satisfied that the conduct of a councillor was reprehensible within the meaning of this section, the Court may make a declaration accordingly and, subject to subsection (4), may—

(a)order that all gains of that councillor or of any other person which are in any way (directly or indirectly) attributable to such conduct shall be held upon trust for, and the amount or value thereof repaid to, that council;

(b)order that any relevant transaction be reopened and that the rights of any parties thereto or persons affected thereby be altered with a view to placing them as nearly as may be in the position they would, in the opinion of the Court, have been in if no councillor had been guilty of reprehensible conduct in or in relation to the affairs of that council;

(c)order that any relevant transaction shall be null and void or shall be rescinded either in whole or in part;

(d)order the payment (whether to that council or otherwise) by that councillor or by any other person directly or indirectly deriving gain from and having knowledge of, the reprehensible conduct of that councillor, of such sums by way of rectification, adjustment, compensation, restitution or restoration of unjust gain as the Court thinks just;

(e)order the payment—

(i)by that councillor; or

(ii)by any other person such as is referred to in paragraph ( d); or

(iii)by that council out of any amount received by it pursuant to any order made under this section;

of sums by way of compensation for any loss or damage suffered by any innocent person as a result of the reprehensible conduct of the councillor; and

(f)make such further or other orders (including orders for costs or for the payment of the remuneration of a referee or inspector appointed under section 32) as the Court thinks proper.

(4)The High Court shall not, in proceedings under this section, make an order under subsection (3)( a), ( d), ( e) or ( f) for the payment of any sum or the handing over of any property by any person not a party to those proceedings unless and until the Court has given to such person an opportunity of being heard (whether in person or by counsel) and has taken into consideration any representation made to it by or on behalf of such person.

(5)In this section—

  • “gain” includes any form of enrichment, benefit or advantage whatsoever which may have accrued to or been acquired by or which may accrue to or be acquired by a councillor or any other person whatsoever;

  • “relevant transaction” includes any contract, grant, subsidy, licence, right, permission, use, authority, privilege, benefit, certificate, consent, approval, decision or determination made, granted, paid, issued or given or refused by or on behalf of any council or any person acting on behalf of any council.

(6)A reference in this section to a person being a councillor shall include a reference to his sitting or voting or otherwise acting as a councillor.

Modifications etc. (not altering text)

C10Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C11Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 1 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C18Ss. 23-27, 31, 48, 123, 126, 127 applied (with modifications) (1.7.2006) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 3(3), Sch. 1 para. 12 (with arts. 49, 62); S.R. 2006/257, art. 2(a)(c)

32Ancillary powers of the High Court in exercising jurisdiction under section 31.N.I.

F39(1)Without prejudice to anything contained in section 31, a judge of the High Court exercising jurisdiction under that section may—

(a)refer to a special referee for inquiry or report any question arising in the exercise of such jurisdiction;

(b)appoint one or more inspectors to investigate and report on any relevant transaction within the meaning of section 31 or the affairs of any council or, in connection with any such transaction, the membership of any company or otherwise with respect to a company for the purposes of determining the true persons who are or have been financially interested in the company or able to control or materially to influence the policy of the company.

(2)A referee or inspector holding any inquiry or conducting any investigation under subsection (1) may for the purposes thereof—

(a)by notice require any person to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which appear to relate to any matter in question at the inquiry or investigation;

(b)by notice require any person to furnish within such reasonable period as is specified in the notice such information relating to any such matter as the person holding the inquiry or conducting the investigation thinks fit and as the person so required is able to furnish; and

(c)administer oaths and examine witnesses on oath.

(3)Any person who refuses or fails to attend in obedience to a notice under subsection (2) or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses or fails to produce any book or document which he is required by any such notice to produce or who refuses or fails to furnish any information which he is required to furnish under subsection (2)( b) shall be deemed to be guilty of contempt of the High Court.

(4)Without prejudice to subsection (2), an inspector appointed under subsection (1)( b) to investigate the affairs of a council or the membership of a company may exercise in relation to that council or company all the powers of[F40 an inspector appointed under section 431 of the Companies Act 1985; and accordingly sections 433 to 436 of that Act (powers etc) apply for the purposes of an investigation by an inspector appointed under subsection (1)(b) above as they apply for the purposes of an investigation by an inspector appointed under section 431 of that Act.]

(5)The finding or report of a referee or inspector acting under subsection (1) may be accepted and acted upon by a judge of the High Court either in whole or in part.

(6)The remuneration of a referee or inspector under this section shall be determined by a judge of the High Court.

(7)Where in the course of proceedings under section 31 it appears to the High Court that the conduct of any councillor or officer of a council, other than the councillor against whom those proceedings were instituted, may have been reprehensible within the meaning of that section, the Court may direct that such councillor or officer be made a party to the proceedings and that a notice be served on him informing him that he has been made such a party and that it appears to the Court that his conduct may have been reprehensible as aforesaid and requiring him—

(a)to furnish to the Court such documents or information in his possession or control as may relate to any relevant transaction within the meaning of section 31 or to any matter arising out of such a transaction or as may be specified in the notice; and

(b)to attend and be examined on oath before the Court regarding any such transaction or matter.

(8)If, upon such examination and after giving such councillor or officer an opportunity of being heard (whether in person or by counsel), the High Court is satisfied that such councillor or officer has been guilty of conduct which was reprehensible within the meaning of section 31, the Court may make a declaration accordingly and may also make any order which could have been made if proceedings had been instituted against that councillor under section 31 or against that officer under that section as applied by section 46(9).

(9)A reference in this section to a person being a councillor shall include a reference to his sitting or voting or otherwise acting as a councillor.

Modifications etc. (not altering text)

C10Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C11Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 1 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

33Time limit for proceedings under sections 28, 30 and 31.N.I.

F41(1)Notwithstanding any other transferred provision, a summary prosecution for an offence under section 28 or 30 may be commenced and, subject to subsection (2), an application for an order under section 31 may be brought, at any time within the period of one year from the date on which evidence, sufficient in the opinion of the Attorney-General to justify that prosecution or, as the case may be, that application, comes to the knowledge of the Attorney-General.

(2)An application for an order under section 31 in respect of a relevant transaction within the meaning of that section shall not be brought after the expiration of twelve years from the date of that transaction.

(3)For the purposes of subsection (1), a certificate purporting to be signed by the Attorney-General as to the date on which the evidence referred to in that subsection came to his knowledge shall be evidence of that date.

Modifications etc. (not altering text)

C10Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C11Ss. 28-33 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 1 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

N.I.General provisions as to councillors, chairman, vice-chairman and members of committees, etc.

F4234Re-election.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4235Validity of acts done by unqualified person.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36Payments to councillors.N.I.

F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37Expenses of official and courtesy visits, etc.N.I.

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38Expenses incurred in attending conferences and meetings.N.I.

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4639Insurance against accidents to councillors.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IIIN.I.OFFICERS

40The Staff Commission.N.I.

(1)There shall be established a body to be known as the Local Government Staff Commission for Northern Ireland (in this Act referred to as “the Staff Commission” ) for the purpose of exercising general oversight of matters connected with the recruitment, training and terms and conditions of employment of officers of councils [F47 and of the Northern Ireland Housing Executive (in this Act referred to as “the Executive” )] and of making recommendations to councils [F47 and to the Executive] on such matters.

(2)The Staff Commission shall be a body corporate with perpetual succession, and section 19 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to it.

(3)The Staff Commission shall consist of—

(a)a chairman, and

(b)not more than[F48 fourteen] or less than six other members,

appointed by the Minister after consultation with—

(i)such[F48 councils and] associations representative of councils or their staffs as appear to the Minister to be concerned, and [F47 the Executive and such associations representative of the staff of the Executive as appear to the Department to be concerned, and]

(ii)any other association or any public body with whom consultation appears to the Minister to be desirable.

(4)Without prejudice to the generality of subsection (1), the functions of the Staff Commission shall include—

(a)establishing, in such manner as the Staff Commission thinks fit, bodies (to be known as “advisory appointment panels”) for the purpose of giving advice to councils on the suitability of applicants for appointment to the office of clerk and to other offices for which qualifications are[F49 determined] under section 41 (including the making of a selection of persons who may be treated as eligible for such appointments);

F47[(aa)establishing, in such manner as the Staff Commission thinks fit, bodies (to be known as “advisory appointment panels”) for the purpose of giving advice to the Executive on the suitability of applicants for appointment to such offices under the Executive as the Department may determine (including the making of a selection of persons who may be treated as eligible for such appointments);]

(b)establishing a code of procedure for securing fair and equal consideration of applications to councils [F47 and to the Executive] by persons seeking to be employed by them as officers, and fair and equal treatment of persons who are so employed;

[F48(bb)monitoring the fair employment practices of councils and their compliance with statutory requirements in relation to fair employment;]

(c)assessing the probable future requirements of councils [F47 and of the Executive] for the recruitment of officers and securing publicity for the opportunities that are available to persons who may seek employment as such officers;

[F48(cc)establishing and issuing a code of recommended practice as regards the conduct of officers of councils;]

(d)promoting co-operation between councils, [F47 the Executive,] public bodies, government departments and educational institutions in matters connected with the recruitment, training and terms and conditions of employment of officers, and promoting the temporary transfer of officers (with their consent) in pursuance of arrangements made between councils, [F47 between councils and the Executive,] or between councils [F47 or the Executive], and any such bodies, departments or institutions;

(e)promoting or assisting the development of, or providing, facilities for the training of officers;

(f)promoting or assisting the establishment of, or establishing, procedures for the negotiation between councils [F47 the Executive] and officers of councils, [F47 or of the Executive] or associations representing [F50 any] of them, of standard rates of remuneration, or other terms and conditions of employment, for officers of councils, [F47 or of the Executive] and recommending the adoption by councils [F47 and the Executive] of rates, terms and conditions so negotiated.

(5)Where the Staff Commission makes a recommendation to a council [F47 or, as the case may be, to the Executive] and the council [F47 or the Executive] does not comply with the recommendation within such reasonable period as the Staff Commission requires, the Ministry, after consulting the council [F47 or the Executive] and considering any representations made by it, may give to the council [F47 or to the Executive] any directions that the Ministry considers necessary or expedient for the implementation of the recommendation, and the council [F47 or the Executive] shall comply with any such direction within a period of one month or such longer period as the Ministry may allow.

(6)A council [F47 and the Executive] shall—

(a)make such reports and returns with respect to its officers and their terms and conditions of employment;

(b)furnish such estimates of its probable future requirements for the recruitment of officers; and

(c)give such information with respect to matters connected with the employment of any officer or officers;

to the Staff Commission, within such reasonable period, as the Staff Commission requires.

(7)The provisions of Schedule 3 shall have effect with respect to the Staff Commission.

(8)The Ministry may, by order made subject to affirmative resolution, make provision for modifying the functions of the Staff Commission, and such an order may modify or repeal any provision of this section or Schedule 3.

[F51(9)The Department may by order make provision for, and in connection with, the dissolution of the Staff Commission and such an order may—

(a)provide for the transfer of the functions, assets and liabilities of the Staff Commission to any other body or person; and

(b)contain such incidental, consequential, transitional or supplementary provisions (including the modification or repeal of any statutory provision (including a provision of this Act)) as appear to the Department to be necessary or expedient.

(10)An order must not be made under subsection (9) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.]

Modifications etc. (not altering text)

41Appointment and qualification of officers.N.I.

(1)Every council shall appoint a clerk of the council and shall also appoint such other officers as the council thinks necessary for the efficient discharge of the functions of the council.

(2)A council may appoint a deputy of any officer for the purpose of acting in the place of the officer whenever the office is vacant or the officer is for any reason unable to act.

[F52(3)A person shall not be appointed to—

(a)the office of clerk of a council; or

(b)such other office under a council as the Department may determine,

unless he possesses such qualifications as the Department may determine.]

[F53(3A)Without prejudice to any code of procedure established by the Staff Commission, a council shall not appoint any officer unless the vacancy in the office is advertised in such manner as[F52 the Department may determine].]

(4)A person shall not be appointed to the office of clerk of a council or to any other office for which qualifications are prescribed under subsection (3) except in accordance with the advice of an advisory appointment panel established by the Staff Commission; but this subsection shall not apply to—

Para.(a) rep. by 1985 NI 15

(b)a temporary appointment made with the approval of the Ministry.

(5)Where a council refuses or fails to make an appointment—

(a)from among persons selected by an advisory appointment panel as eligible for the appointment; or

(b)in accordance with directions given by the Ministry for implementing any recommendation made to the council by the Staff CommissionF54. . .

the Ministry, after consulting the council and considering any representations made by it, may make the appointment on behalf of the council and may, for that purpose, annul any other appointment that has been made by the council.

Subs.(6) rep. by 1995 NI 5

(7)A council shall not, without the approval of the Ministry, remove from office or suspend, or withhold the remuneration of, any officer appointed by the Ministry under subsection (5),F52. . . .

(8)If after consultation with any councils the Ministry is satisfied that it is expedient that an order should be made providing for the employment of officers of any class by one of the councils on behalf of both or all of them, the Ministry may make such an order, and the order—

(a)shall require that, before appointing officers of that class, the council by which the officers are to be employed shall consult with the other council or councils to such extent as is provided for in the order;

[F53(aa)may make provision with respect to the co-ordination of the provision of the service provided by the officers of that class so employed within the districts of the council by which the officers are employed and the other council or councils]

(b)shall provide for the expenses incurred in connection with the employment of the officers to be defrayed by the councils in such proportions as they may agree upon or, in case of disagreement, as may be determined by the Ministry;

[F53(bb)may provide that the other council or councils shall not appoint officers of that class; and]

(c)may contain such incidental and supplemental provisions as the Ministry thinks fit;

F53. . .

[F53(8A)If the Department is satisfied that it is expedient that officers of any class should not be employed by one of the councils on behalf of both or all of them, the Department may make an order—

(a)transferring officers of that class from the council by which they are employed to such other council or councils as is specified in or determined under the order;

(b)making provision for the protection of the interests of every officer so transferred;

(c)providing for the expenses incurred in connection with the transfer of the employment of the officers to be defrayed by the councils in such proportion as they may agree upon or, in case of disagreement, as may be determined by the Department; and

(d)making such incidental and supplemental provision as the Department thinks fit.

(8B)In subsection (8)( aa) “co-ordination” includes—

(a)advising the council by which the officers are employed and the other council or councils on the establishment of the service provided by the officers of that class, including the number of officers to be employed and the qualifications of such officers;

(b)making provision for training of such officers;

(c)issuing advisory circulars and guidelines with respect to statutory provisions or standards of inspection or advising on such circulars and guidelines issued by the Department or district councils;

(d)recording and reporting statistical data and on the enforcement of statutory provisions;

(e)reporting annually to the Department and to the council by which the officers are employed and the other council or councils;

(f)for the purpose of reaching agreement as mentioned in subsection (8)( b), making recommendations with respect to the apportionment of the expenses of the council by which the officers are employed in connection with the service provided by officers of that class; and

(g)such other functions or activities as the Department may provide in the order under subsection (8).]

Subs.(9) rep. by 1985 NI 15

Modifications etc. (not altering text)

[41AF55Appointment of Officers by the Executive.N.I.

(1)A person shall not be appointed to such offices under the Executive as the Department may determine except in accordance with the advice of an advisory appointment panel established by the Staff Commission, but this subsection shall not apply to a temporary appointment made with the approval of the Department.

(2)Where the Executive refuses or fails to make an appointment—

(a)from among persons selected by an advisory appointment panel as eligible for the appointment; or

(b)in accordance with directions given by the Department for implementing any recommendation made to the Executive by the Staff Commission;

the Department, after consulting the Executive and considering any representations made by it, may make the appointment on behalf of the Executive and may, for that purpose, annul any other appointment that has been made by the Executive.

(3)The Executive shall not, without the approval of the Department, remove from office or suspend, or withhold the remuneration of, any officer appointed by the Department under subsection (2).]

[F5641BLoans to officers for purchase of motor cars or motor cycles.N.I.

A council may make loans to such of its officers and subject to such conditions as the Department, with the approval of the Department of Finance and Personnel, may determine to facilitate such officers in the purchase of motor cars or motor cycles essential to the efficient carrying out of their official duties.]

42Councillors not to be appointed officers.N.I.

F57(1)Subject to subsection (2), a person shall, so long as he is and for twelve months after he has ceased to be, a councillor, be disqualified for being appointed by the council to any paid office [F58which is prescribed under section 4(1)(a) ] .

F59(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In this section—

  • “council” includes a committee or sub-committee of a council;

  • “councillor” includes a member of such a committee or sub-committee, whether he is a member of the council or not.

Modifications etc. (not altering text)

C28S. 42 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 1 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C29S. 42 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

S.43 rep. by 1973 NI 10

44Retirement of officers.N.I.

F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45Insurance against default of officers.N.I.

(1)A council—

(a)shall in the case of an officer employed by it who by reason of his office or employment is likely to be entrusted with the custody or control of money; and

(b)may in the case of—

(i)any other officer employed by it, or

(ii)any person not employed by it who is likely to be entrusted with the custody or control of money or property belonging to the council;

insure against risks of loss to the council arising from default in the faithful execution of his office or default in his duly accounting for all such money or property entrusted to him.

(2)The instruments evidencing every insurance under subsection (1)( a) shall be produced to the auditor at the audit of the accounts of the council.

Modifications etc. (not altering text)

46Duty of officers to disclose pecuniary interest.N.I.

F61(1)If it comes to the knowledge of an officer of a council that a contract in which he has any pecuniary interest, direct or indirect (not being a contract to which he is himself, openly and in his own name, a party), has been, or is proposed to be entered into by or on behalf of the council he shall as soon as practicable disclose to the council in writing the nature of his interest in that contract.

(2)All disclosures made under subsection (1) (including disclosures made by the clerk himself) shall be brought by the clerk of the council to the notice of the council at the meeting of the council next thereafter occurring and—

(a)it shall be the duty of the council to record in its minutes particulars of the disclosure; and

(b)if the person making the disclosure is present at any meeting of the council at which the contract in respect of which the disclosure was made is under consideration he shall withdraw from that meeting while the contract is being considered and his withdrawal shall be duly recorded in the minutes of the proceedings of that meeting.

(3)For the purposes of this section subsections (2) and (4) of section 28 shall (without prejudice to any provision of those subsections) apply in relation to the officers of a council as they apply in relation to councillors.

(4)Subject to subsection (5) and without prejudice to section 31 as applied by subsection (9), any person who acts in contravention of subsection (1) shall be guilty of an offence and shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding one year or to a fine or to both; or

(b)on summary conviction to a fine not exceeding[F62 level 3 on the standard scale].

(5)It shall be a defence for the person charged with an offence under subsection (4) to prove that at the time of the offence—

(a)he did not know and had no reason to believe that the contract or proposed contract in which he had a pecuniary interest was being considered at the meeting; or

(b)that he believed, in good faith and upon reasonable grounds, that he had no pecuniary interest which he would be required to disclose under subsection (1).

(6)A prosecution for an offence under this section shall not be instituted except by or with the consent of the Attorney-General, and the bringing of, or the failure to bring, such a prosecution shall not affect any proceedings instituted by the Attorney-General under section 31, as applied by subsection (9), with respect to any transaction to which that section applies.

(7)Notwithstanding any other transferred provision, a summary prosecution for an offence under subsection (4) may be commenced at any time within the period of one year from the date on which evidence, sufficient in the opinion of the Attorney-General to justify that prosecution, comes to the knowledge of the Attorney-General.

(8)For the purposes of subsection (7), a certificate purporting to be signed by the Attorney-General as to the date on which the evidence referred to in that subsection came to his knowledge shall be evidence of that date.

(9)Sections 31, 32 and (so far as is applicable for the purposes of those sections) 33 shall apply with respect to officers of a council as they apply with respect to councillors and as if any reference in those sections to a councillor (except the references in subsection (6) of section 31 and, in section 32, the first and third references in subsection (7), and the references in subsections (8) and (9)) included a reference to an officer of the council.

Modifications etc. (not altering text)

C32S. 46 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 1 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C33S. 46 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

47Prohibition of acceptance of unauthorised fee or reward.N.I.

F63(1)An officer of a council shall not, under colour of his office or employment, exact or accept (whether directly or indirectly for himself or for or through another) any fee or reward whatsoever other than his proper remuneration.

(2)If any person acts in contravention of this section he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F64 level 3 on the standard scale].

(3)In this section “council” includes a committee or sub-committee of a council.

Modifications etc. (not altering text)

C34S. 47 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C35S. 47 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 1 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

F6547ADelegation of functions to officers.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48Protection for officer acting in execution of duty.N.I.

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49Officers of joint committee.N.I.

Except with the approval of the Ministry, no person who is a full-time officer of a council may be paid any remuneration by a joint committee for acting as an officer of the joint committee.

PART IVN.I.ALTERATIONS OF DISTRICTS

[F6750Local government boundariesN.I.

–

[F68(1)The Department shall appoint a Local Government Boundaries Commissioner—

(a)in the year 2008; and

(b)thereafter, during the period not less than 8 or more than 12 years from the date of the submission under subsection (6) of the final report of the last previous Commissioner appointed under this subsection.

(2)The function of a Commissioner appointed under subsection (1)(a) shall be to make recommendations regarding—

(a)the boundaries and names of the 11 districts mentioned in section 1 of the Local Government (Boundaries) Act (Northern Ireland) 2008; and

(b)the number, boundaries and names of the wards into which each district is to be divided.]

(3)The function of a Commissioner appointed under subsection (1)(b) shall be to review, and make recommendations regarding —

(a)the number, boundaries and names of local government districts; and

(b)the number, boundaries and names of the wards into which each district is divided.

(4)Where, at a time when no Commissioner stands appointed under subsection (1)–

(a)proposals are made to the Department by a council–

(i)for altering the boundaries of the district of that council, or

(ii)for altering the number of wards into which that district is divided or the boundaries of any of those wards;

(b)proposals are made to the Department by more than one council for the union of the districts of those councils; or

(c)the Department has itself prepared any such proposal as is mentioned in paragraph (a) or (b),

the Department may appoint a Local Government Boundaries Commissioner to consider the proposals and make recommendations.

(5)Part I of Schedule 4 shall have effect with respect to a Local Government Boundaries Commissioner, and such a Commissioner shall—

(a)regulate his procedure in accordance with Part II of that Schedule; and

(b)make his recommendations in accordance with Part III of that Schedule.

(6)A Local Government Boundaries Commissioner appointed under subsection (1) or (4) shall submit a final report to the Department within such period as the Department may direct.

(7)As soon as may be after a Commissioner appointed under subsection (1)(a) submits his final report, the Department shall lay the report before the Assembly together with the draft of an order to give effect, whether with or without modifications, to the recommendations contained in the report.

(8)If the report of a Commissioner appointed under subsection (1)(b) or (4) recommends any alteration in the number, boundaries or names of any districts or wards, the Department shall, as soon as may be after receiving the report, lay the report before the Assembly together with the draft of an order to give effect, whether with or without modifications, to the recommendations contained in the report.

(9)Where a draft order to be laid before the Assembly under subsection (7) or (8) proposes to give effect to recommendations of a Commissioner with modifications, the Department shall lay before the Assembly, together with the draft order, a statement of the reasons for the modifications.

(10)On the approval of the draft order by a resolution of the Assembly, the Department shall make an order in terms of the draft as so approved.]

51Change of name of district.N.I.

(1)The Ministry may, by order made on the application of a council, change the name of the district of the council.

(2)Every change of name made under this section shall be published by the council in such manner as the Ministry directs.

52Supplemental provisions as to alterations of boundaries or names.N.I.

(1)Where the [F69Department] makes an order under section 50, the Ministry may make a supplemental order (in this section referred to as “the order” ) which may contain such incidental, consequential, transitional or supplemental provisions as appear to be necessary or expedient for the general or any particular purposes of the order under section 50 or in consequence of any of the provisions thereof or for giving full effect thereto, and without prejudice to the generality of the foregoing provisions of this subsection may in particular include provision—

(a)for modifying or repealing any transferred provision (including such a provision contained in or made under a local or personal Act or an Act confirming a provisional order);

(b)for the transfer, application, defrayal, apportionment or adjustment (by agreement or otherwise) of assets, liabilities, income and costs and for the continuance of, or of functions of, any council or public body, and the continuance in office of any councillor or officer (including the continuance in office of any member or officer of a dissolved council, as if the council had not been dissolved), for the purposes of such transfer, application, defrayal, apportionment or adjustment or for the purposes of the making up and audit of accounts and any proceedings in connection therewith or consequent thereupon;

(c)for the transfer of any writ, process, record or document relating to or to be executed in any part of a district affected by the order under section 50, and for determining questions arising from such transfer;

(d)for the determination of questions arising under the order.

(2)The order may make provision for the transfer of existing officers affected by the order under section 50 and shall contain provisions for the protection of the interests of any such existing officers.

(3)The order may make provision for the payment, on such terms and subject to such conditions as may be specified in the order, of compensation to or in respect of any officer of a council who suffers loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to the order under section 50, and may in particular—

(a)include provision as to the funds out of which and the councils by which compensation is to be defrayed;

(b)include provision as to the manner in which and the time within which and the person to whom any claim for compensation is to be made;

(c)apply for the purposes of the order any transferred provision relating to the payment of compensation subject to the modifications (if any) specified in the order.

(4)The order may make provision for the [F70Department] to appoint the day or days on which the order, or any provision of it, is to come into operation.

(5)Stamp duty shall not be chargeable on the order or on any instrument executed for the purposes of giving effect to the order.

(6)A certificate issued by the Ministry that any property has been transferred by virtue of the order shall, until the contrary is shown, be accepted as evidence of that fact.

(7)A change of name of a council shall not affect any rights or obligations of the council or any other person, or render defective any legal proceedings, and—

(a)any legal proceedings may be commenced or continued as if there had been no change of name;

(b)every reference in any transferred provision, record, document or map to the former name of the council shall be construed as a reference to the new name.

(8)Where the name of a district which is a borough is changed, the charter of the borough shall have effect as if the new name were substituted for the old.

(9)Where the order includes provision for modifying or repealing a transferred provision (except a provision contained in or made under a local or personal Act or an Act confirming a provisional order) it shall be subject to affirmative resolution.

PART VN.I.FINANCIAL PROVISIONS

Modifications etc. (not altering text)

C36Pt. V (ss. 53 - 89A) applied (with modifications) by S.R 2004/49, art. 3 (as substituted (28.1.2008) by Local Government (Constituting a Joint Committee a Body Corporate) (Amendment) Order (Northern Ireland) 2007 (S.R. 2007/505), art. 2(3))

N.I.Annual budget and financial arrangements

53Annual budget.N.I.

F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54Arrangements for handling receipts and payments.N.I.

F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Funds

55The district fund.N.I.

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56Power to establish capital fund and renewal and repairs fund.N.I.

F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57Capital fund.N.I.

F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58Renewal and repairs fund.N.I.

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59Proceeds of sale of capital assets.N.I.

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60Limitation on application of funds.N.I.

F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Borrowing

61Purposes for which money may be borrowed.N.I.

F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62Modes of borrowing.N.I.

F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63Security for borrowing.N.I.

F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64Priority of securities.N.I.

F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65Repayment of money borrowed.N.I.

F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66Power to suspend annual provision for repayment of, and to borrow for payment of interest on, certain borrowed money.N.I.

F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67Application of unexpended portion of borrowed money.N.I.

F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68Power to re-borrow.N.I.

F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69Lenders relieved from certain inquiries.N.I.

F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70Securities regulations.N.I.

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71Appointment of receiver.N.I.

F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72Consolidated loans fund.N.I.

F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73Use of money forming part of capital fund or renewal and repairs fund.N.I.

F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Local government auditors

74Local government auditors.N.I.

F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75Audit FeesN.I.

F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Audit

76Audit of accounts of councils.N.I.

F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77Duties of officers as to audit.N.I.

F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77AConfidentiality of officers' records.N.I.

F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78Production of, and declaration as to, documents.N.I.

F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79Right to objection.N.I.

F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80Auditor's report.N.I.

F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Surcharge, etc.

81Declaration that item of account is unlawful.N.I.

F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82Recovery of amount not accounted for, etc.N.I.

F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82APower of auditor to issue prohibition order.N.I.

F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82BEffect of and appeals against prohibition orders.N.I.

F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82CSupplementary provisions as to prohibition orders.N.I.

F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82DPower of auditor to apply for judicial review.N.I.

F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Functions of Ministry as to accounts and audit

87Regulations as to accounts and audit.N.I.

F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88Extraordinary audits and inspections.N.I.

F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S.89 rep. by 1992 NI 6

N.I.[F108Studies for improving economy, etc. of services]

89AStudies for improving economy, etc. of services.N.I.

F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F110PART VI N.I.BYE-LAWS

90Bye-laws.N.I.

A council may make bye-laws in accordance with the succeeding provisions of this Part—

(a)for the good rule and government of the whole or any part of its district;

(b)for the prevention and suppression of nuisances in its district;

(c)for any purpose for which bye-laws may be made by it under any other transferred provision.

91Procedure, etc., for making bye-laws.N.I.

(1)Bye-laws shall be made under the common seal of the council and shall not have effect until they are confirmed by the Ministry concerned.

(2)At least one month before application for confirmation of bye-laws is made, notice of the intention to apply for confirmation shall be given in at least two newspapers circulating in the locality in which the area to which the bye-laws are to apply is situated.

(3)For at least one month before application for confirmation is made, a copy of the bye-laws shall be deposited at the offices of the council by which the bye-laws are made, and shall at all reasonable hours be open to public inspection without payment.

(4)The council by which the bye-laws are made shall, on application, furnish to any person a copy of the bye-laws, or of any part thereof, on payment of such reasonable sum as the council determines.

(5)The Ministry concerned may confirm any bye-law submitted under this section for confirmation, subject to the consents (if any) required by section 9(2) of the Northern Ireland (Miscellaneous Provisions) Act 1932 [1932 c.11] , or may refuse to confirm any such bye-law.

(6)Where a bye-law is to have effect in the district of a council other than the council by which it is made, the Ministry concerned shall consult that other council before confirming the bye-law.

(7)The Ministry concerned may fix the date on which a bye-law is to come into operation, and if no date is so fixed the bye-law shall come into operation at the expiration of one month from the date of its confirmation.

(8)A copy of the bye-laws, when confirmed, shall be printed and deposited at the offices of the council by which the bye-laws are made, and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such reasonable sum as the council determines.

Modifications etc. (not altering text)

92Penalties for contravention of bye-laws.N.I.

(1)[F111Except as provided by any other statutory provision,] a person who contravenes a bye-law shall be guilty of an offence and, subject to subsection (2), shall be liable on summary conviction to a fine not exceeding[F112 level 2 on the standard scale] and, in the case of a continuing offence, a further fine not exceeding £2 for each day on which the offence continues after conviction.

(2)Bye-laws may, for offences under subsection (1) in relation to the bye-laws, fix lower maximum fines than the sums mentioned in that subsection, or, if power to fix higher maximum fines than those sums is conferred by the transferred provision conferring the power to make the bye-laws, may fix maximum fines exceeding those sums but not exceeding the higher maxima.

(3)Proceedings in respect of an offence under subsection (1) shall not, without the consent of the Attorney-General, be taken by any person other than the council by which, or by whose predecessors, the bye-law in question was made.

Modifications etc. (not altering text)

F11393Enforcement of bye-laws.N.I.

(1)An officer of a council who is authorised by the council in that behalf[F114 or a constable], may secure the observance of bye-laws made by the council.

(2)An officer exercising powers conferred under this section, unless in uniform, shall, on request, produce some document showing that he is authorised by the council to exercise those powers.

(3)For the purposes of this section,[F115 section 66 of the Police (Northern Ireland) Act 1998] (assault on, and obstruction of, constables, etc.) shall have effect in relation to a person authorised as mentioned in subsection (1) as if he were a constable.

Modifications etc. (not altering text)

94Evidence of bye-laws.N.I.

(1)The production of a printed copy of a bye-law purporting to be made by a council, upon which is endorsed a certificate purporting to be signed by the clerk of the council stating—

(a)that the bye-law was made by the council;

(b)that the copy is a true copy of the bye-law;

(c)that on a specified date the bye-law was confirmed by the government department named in the certificate or was so confirmed subject to any specified consents;

(d)the date, if any, fixed by the Ministry concerned for the coming into operation of the bye-law;

shall be evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.

(2)The validity of a bye-law which has been confirmed by a government department shall not be questioned in any legal proceedings on the ground that that department is not the Ministry concerned.

Modifications etc. (not altering text)

PART VIIN.I.MISCELLANEOUS FUNCTIONS

N.I.Land

95Provisions of offices, halls, etc.N.I.

(1)A council may provide and maintain offices, halls or other buildings to be used for the purpose of transacting the business of the council or for public meetings, assemblies or entertainments.

(2)A council may acquire land otherwise than by agreement for the purposes of this section.

Modifications etc. (not altering text)

96Acquisition, etc., of land.N.I.

(1)The purposes for which a council may acquire and hold land shall include—

(a)the benefit of the inhabitants of its district;

(b)the improvement, development or future development of its district;

and for the purposes of section 19(1)( a)(iv) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] and any other transferred provision those purposes shall be deemed to be included among the purposes for which the council is constituted.

(2)The right of a council to acquire land may be exercised, notwithstanding that the land is not immediately required for any of the purposes for which the council is constituted; but the council shall not exercise that right by virtue of this subsection otherwise than with the approval of the Ministry.

(3)Section 127 (disposal of superfluous lands) of the Lands Clauses Consolidation Act 1845 [1845 c.18] shall not apply with respect to any acquisition of land by a council, and sections 128 to 131 of that Act (right of pre-emption of former owners) shall not apply with respect to any land acquired by a council by agreement.

(4)Without prejudice to section [F11624(3) of the Local Government Finance Act (Northern Ireland) 2011], so much of section 19(1)( a)(iv) of the Interpretation Act (Northern Ireland) 1954 as confers a right to charge property shall not apply to a council.

(5 )F117The right of a council to dispose of land shall be subject to the following restrictions—

(a)except with the approval of the Ministry, any disposal of land shall be at the best price or for the best rent or otherwise on the best terms that can be reasonably obtained;

(b)any disposal of land which has been acquired otherwise than by agreement shall be subject to the right of pre-emption conferred by sections 128 to 131 of the Lands Clauses Consolidation Act 1845.

(6)Subject to subsections (7) and (8), a council may appropriate land held by it to any purpose for which it has the right to acquire land.

(7 )F118Where land has been acquired by a council otherwise than by agreement for any purpose, the council shall not appropriate it to any other purpose unless the appropriation is approved by the Ministry.

(8)Subsection (6) shall not authorise a council to fail to observe and perform any covenant or condition subject to which a gift or lease of any land has been accepted or made, without the consent of the donor, grantor, lessor or other person entitled in law to the benefit of the covenant or condition.

Modifications etc. (not altering text)

97Acquisition of land otherwise than by agreement.N.I.

(1)Where a council desires to acquire land otherwise than by agreement for any purpose for which it is authorised by a transferred provision so to acquire land, it may apply to the Ministry concerned for an order (in this Act referred to as a “vesting order” ) vesting the land in the council, and that Ministry may make a vesting order.

(2)The provisions of Schedule 6 shall apply with respect to the making and effect of vesting orders.

(3 )F119The power to make a vesting order may be exercised over land—

(a)which is the property of any public body which has power under any transferred provision to acquire land compulsorily; or

(b)which is declared by or under any transferred provision to be inalienable;

but a vesting order shall not be made in relation to any such land, where representations objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, unless the proposal has been approved by a resolution of each House of Parliament.

(4)Nothing in this section shall authorise the acquisition, without the consent of the Minstry of FinanceF120, of any land on or in which there is, to the knowledge of that Ministry, any historic monument or archaeological object.

(5)In subsection (4), “historic monument” and “archaeological object” have the same meanings as in[F121 the Historic Monuments and Archaelogical Objects (Northern Ireland) Order 1995].

F120SR 1976/80

Modifications etc. (not altering text)

98Power to enter on land.N.I.

F122(1)A person authorised in writing by a council (in this section referred to as an “authorised person” ) may, on production if required of his credentials, at any reasonable time enter any land—

(a)for the purpose of survey, valuation or examination—

(i)where the council proposes to acquire the land otherwise than by agreement, or

(ii)where it appears to the council that survey, valuation or examination is necessary in order to determine whether any functions of the council should be exercised on or with respect to the land;

(b)for the purpose of exercising any function that the council has power to exercise on or with respect to the land;

F123[(c)for the purpose of determining whether, and if so in what manner, such a function should be exercised.]

(2)A power of entry under subsection (1) shall not be exercisable in relation to any land except—

(a)with consent given by the occupier of the land; or

(b)where entry is sought for the sole purpose of examination, after at least twenty-four hours' notice of the intended entry has been served on the occupier or owner of the land; or

(c)where entry is sought for any other purpose, after at least six days' notice of the intended entry has been served on the occupier and on the owner, if the owner is known;

but such consent or notice shall not be necessary where entry is sought under subsection (1)( b) and the case is one of emergency.

(3)If any person, other than the owner or occupier of the land, knowingly prevents an authorised person from doing on the land any act that the authorised person is duly authorised to do or obstructs the authorised person in doing any such act, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F124 level 3 on the standard scale].

(4)If any person, being the owner or occupier of land, knowingly prevents an authorised person from doing on the land any act that the authorised person is duly authorised to do or obstructs the authorised person in doing any such act, a court of summary jurisdiction on proof thereof may order him to permit to be done on the land that act and all such things as are reasonably necessary to enable the act to be done or as are incidental to the doing of it; and, if he fails to comply with the order, he shall be guilty of an offence and shall, for every day during which the failure continues, be liable on summary conviction to a fine not exceeding[F124 level 2 on the standard scale].

(5 )F125Where under this section an authorised person enters any land, he shall ensure that the land is not left less secure by reason of the entry, and the council shall make good or pay compensation for any damage to property caused by the authorised person in entering the land, in doing any act on the land or in making the land secure.

(6)Any question of disputed compensation under this section shall be referred to and determined by the Lands Tribunal.

(7)Any reference in this section to an occupier or to an owner shall be construed as including a reference to a person appointed in writing by the occupier or owner as his representative for purposes which include all or any of the purposes of this section.

(8)Any power conferred by this section to survey land shall be construed as including power to ascertain or fix boundaries, or to search and bore for the purpose of ascertaining the course of any sewers or drains or of ascertaining the nature of the subsoil or the presence of minerals therein, or both, and to take and carry away, for the purpose of examination, specimens of the subsoil or minerals, or both, found therein.

Modifications etc. (not altering text)

N.I.Contracts

99Contracts of councils.N.I.

(1)Subject to the succeeding provisions of this section, a council may enter into contracts necessary for the discharge of any of its functions.

(2)All contracts made by a council shall be made in accordance with the standing orders of the council and in the case of contracts for the supply of goods or materials or for the execution of works, the standing orders shall—

(a)require that, except as otherwise provided by or under the standing orders, notice of the intention of the council to enter into a contract shall be published and tenders invited; and

(b)regulate the manner in which such notice is to be published and tenders are to be invited.

(3)Without prejudice to section 19(1)( a)(ii) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] , a person entering into a contract with a council shall not be bound to enquire whether the standing orders of the council which apply to the contract have been complied with, and all contracts entered into by a council, if otherwise valid, shall, notwithstanding that the standing orders applicable thereto have not been complied with, have full force and effect.

(4)Where any part of the expenditure to be incurred by a council on the foot of any contract proposed to be entered into by the council would fall to be defrayed by way of a grant from public funds, other than a grant in aid of the general expenditure of the council, the Ministry by which payment of the grant would be made or recommended may issue directions, either generally or in a particular case or cases, that the council shall not enter into the contract otherwise than by acceptance of a tender submitted after public notice inviting tenders has been duly given, without first obtaining the approval of that Ministry; and where any such direction has been issued it shall be the duty of the council to give effect thereto.

Modifications etc. (not altering text)

100Sealing of contractsN.I.

(1)Any contract or instrument which if made or executed by a person not being a body corporate would not be required to be made[F126 by deed] may, if made by a council and if the subject matter thereof[F127 does not exceed £30,000 in value], be made or executed on behalf of the council by any person or persons generally or specially authorised by the council to act for that purpose.

[F127(1A)The Department may by order amend subsection (1) so as to increase the amount for the time being specified in that subsection.]

(2)Nothing in this section shall be taken as preventing any contract or instrument from being made or executed by a council under its common seal.

N.I.Local and personal Bills

101Power to promote or oppose local or personal Bills.N.I.

Subject to the provisions of this Act, where a council is satisfied that it is expedient to promote or oppose any local or personal Bill in Parliament, the council may promote or oppose the Bill and may defray the expenses incurred in so doing.

102Sanction of council to promotion of, or opposition to, Bills.N.I.

(1)A council shall not promote or oppose a Bill under the powers conferred by this Act otherwise than in pursuance of a special resolution of the council.

(2)In the case of the promotion of a Bill, the resolution shall be published in at least two newspapers circulating in the district of the council and shall be submitted for the approval of the Ministry, and the council shall not proceed with the promotion of the Bill if the Ministry notifies the council that the resolution has not received that approval.

(3)The approval of the Ministry shall not be given until the expiration of seven days after the publication of the resolution, and in the meantime any local elector for the district of the council may serve notice on the Ministry of his objection to the resolution.

(4)A resolution to promote a Bill must be confirmed by a special resolution of the council as soon as practicable after the expiration of fourteen days from the date when the Bill has been deposited in Parliament, and, if it is not so confirmed, the council shall take all necessary steps to withdraw the Bill.

103Taxation of costs.N.I.

No costs incurred by a council in the promotion of, or opposition to, a Bill, being costs which are liable to be taxed under[F128 any statutory provision], shall be charged to the funds of the council unless they have been so taxed and allowed

F128SI 1999/663

N.I.Co-operation with other councils, public bodies and government departments

104Agency arrangementsN.I.

(1)A council may make arrangements with F129... any public body or government department for the exercise of any functions—

(a)by the council on behalf of F129..., as the case may be, the public body or department, or

(b)by F129..., as the case may be, the public body or department on behalf of the council,

on such terms as may be provided for by the arrangements.

(2)A public body or government department which proposes to make arrangements under subsection (1) shall have power to make the arrangements and carry them into effect if, apart from the provisions of this subsection, it would not have power to do so, except that a public body shall not make any such arrangements in pursuance of this subsection without the consent of the Ministry concerned.

(3)Arrangements made under this section shall not diminish in any respect the responsibility of any council, public body or department by which the arrangements are made.

Modifications etc. (not altering text)

C57Ss. 104 - 106 applied (with modifications) by S.R 2004/49, art. 7 (as inserted (28.1.2008) by Local Government (Constituting a Joint Committee a Body Corporate) (Amendment) Order (Northern Ireland) 2007 (S.R. 2007/505), art. 2(5))

105Arrangements for the supply of goods and services or interchange of staff.N.I.

(1)A council may make arrangements with any other council or any public body[F130, specified body] or government department for—

(a)the supply by one party to the arrangements to the other of any goods;

(b)the provision by one party to the arrangements for the other of any administrative, professional or technical services;

(c)the use by one party to the arrangements of any vehicle, plant or apparatus belonging to the other and (without prejudice to paragraph ( b)) the placing at the disposal of the first-mentioned party of the services of any person employed in connection with the vehicle, plant or apparatus in question;

(d)the provision or maintenance by one party to the arrangements of any works, facility, amenity, equipment or thing for the provision or maintenance of which the other is responsible;

on such terms as may be provided for by the arrangements.

(2)A council may make arrangements with any other council or any public body[F130, specified body] or government department for the permanent or temporary transfer of officers, with their consent, between the councils or between the council and the body or department.

(3)A public body or government department which proposes to make arrangements under subsection (1) or (2) shall have power to make the arrangements and carry them into effect if, apart from the provisions of this subsection, it would not have power to do so, except that a public body shall not make arrangements under subsection (2) without the consent of the Ministry concerned.

(4)A council, public body or government department may purchase and store any goods which in its opinion it may require for the purposes of subsection (1)( a).

(5)For the avoidance of doubt it is hereby declared that for superannuation purposes services rendered by an officer with respect to whose temporary transfer arrangements under subsection (2) are in force is service rendered to the council, body or department by which he was employed before the transfer.

(6)Arrangements made under this section shall not diminish in any respect the responsibility of any council, public body[F130, specified body] or department by which the arrangements are made.

[F130(7)In this section “specified body” means a body which is specified, or is of a description specified, in regulations and any such regulations may contain provisions—

(a)for restricting the arrangements which may by virtue of the regulations be entered into by a specified body under subsection (1) or (2) ; and

(b)for securing the inclusion in any such arrangements made by virtue of the regulations of terms imposing restrictions.]

Modifications etc. (not altering text)

106Contribution to other councils, etc.N.I.

A council may contribute towards expenses incurred by another council or any public body or government department in providing or maintaining any work, facility, amenity, equipment or thing that the contributing council has power to provide or maintain—

(a)within the district of the contributing council, or

(b)at a place where it will benefit any of the inhabitants of that district.

Modifications etc. (not altering text)

N.I.Co-operation with voluntary bodies, etc.

107Contributions for development of trade, tourism and cultural activities.N.I.

[F131(1)]A council may—

(a)contribute towards the expenses of any voluntary body which carries on activities within the district of the council, being activities for the purpose of—

(i)furthering the development of trade, industry or commerce in the district, or

(ii)encouraging the pursuit by persons residing in the district of interests of a cultural or artistic nature;

(b)contribute towards the expenses of any association which carries on activities calculated to assist the development of tourist traffic in Northern Ireland.

[F131(2)A council may contribute under subsection (1)( a) towards the expenses of a voluntary body incurred on publicity only where the publicity is incidental to the main purpose for which the contribution is given.]

108Contributions to other voluntary bodies.N.I.

[F132(1)]A council may contribute to the funds of any voluntary body which provides any public service in Northern Ireland.

[F132(2)A council may contribute under subsection (1) towards the funds of a voluntary body in respect of publicity only where the publicity is incidental to the main purpose for which the contribution is given.]

N.I.Advice and information

109Instruction, lectures, etc., on questions relating to the functions of councils.N.I.

A council shall take such steps as it considers necessary or expedient to arrange for the publication within its district of information on questions relating to its functions, and may also—

(a)arrange for the delivery of lectures and addresses, and the holding of discussions, on such questions;

(b)arrange for the display of pictures, films or models or the holding of exhibitions relating to such questions;

(c)prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

Modifications etc. (not altering text)

110Information centres.N.I.

A council may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the district of the council provided either by the council or by public bodies or by government departments, and information as to[F133 matters relating to the functions of the council].

N.I.Other miscellaneous functions

111Subscriptions.N.I.

F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

112Insurance.N.I.

A council may—

(a)insure any property in which it has an insurable interest;

(b)insure against any contingency which may result in the imposition of any liability on or loss to the council.

Modifications etc. (not altering text)

C69Ss. 111 - 113A applied (with modifications) by S.R 2004/49, art. 7 (as inserted (28.1.2008) by Local Government (Constituting a Joint Committee a Body Corporate) (Amendment) Order (Northern Ireland) 2007 (S.R. 2007/505), art. 2(5))

113Exercise of certain functions outside district.N.I.

(1)Where any function of a council is not required by a statutory provision to be exercised in the district of the council, the council may exercise the function at a place outside its district—

(a)if the council for the district within which that place is situated consents; and

(b)if the function is exercised in accordance with—

(i)any conditions reasonably imposed by the last-mentioned council, and

(ii)any statutory provision regulating the exercise of the function; and

(c)where the function is exercisable for the purpose of providing amenities or facilities for persons who are resident in the district of the council, if that place is convenient for those persons.

(2)Consent under subsection (1)( a) shall not be withheld unreasonably, and any question arising as to whether a consent is unreasonably withheld or whether any conditions are reasonably imposed shall be referred to and determined by the Ministry.

Modifications etc. (not altering text)

C73Ss. 111 - 113A applied (with modifications) by S.R 2004/49, art. 7 (as inserted (28.1.2008) by Local Government (Constituting a Joint Committee a Body Corporate) (Amendment) Order (Northern Ireland) 2007 (S.R. 2007/505), art. 2(5))

[F135113APower to provide advice and assistance.N.I.

(1)Subject to subsections (3) to (6), a council may provide advice and assistance as respects any matter in which it has skill and experience to a body engaged outside the United Kingdom in the carrying on of any of the activities of local government.

(2)In relation to any place outside the United Kingdom, activities shall be taken for the purposes of this section to be activities of local government wherever they are the equivalent of, or are comparable to, any activities which in Northern Ireland are carried on by councils.

(3)The power conferred by subsection (1) shall not be exercised except with the consent of the Department or in accordance with a general authorisation given by the Department.

(4)Before giving any general authorisation under subsection (3), the Department shall consult with such persons appearing to it to represent councils as the Department thinks appropriate.

(5)A consent or authorisation under subsection (3) may be given subject to such conditions as the Department thinks fit.

(6)Nothing in this section authorises a council to provide any financial assistance by—

(a)making a grant or loan,

(b)giving a guarantee or indemnity, or

(c)investing by acquiring share or loan capital.

(7)The Department shall provide councils with such guidance about the exercise of their powers under this section as it thinks appropriate.]

Modifications etc. (not altering text)

C75Ss. 111 - 113A applied (with modifications) by S.R 2004/49, art. 7 (as inserted (28.1.2008) by Local Government (Constituting a Joint Committee a Body Corporate) (Amendment) Order (Northern Ireland) 2007 (S.R. 2007/505), art. 2(5))

114Acceptance of gifts.N.I.

(1)Subject to the provisions of this section a council may accept, hold and administer any gift of property, whether real or personal—

(a)for any local public purpose, or

(b)for the benefit of the inhabitants of its district or of any part of its district,

and may provide and maintain any works, facility, amenity, equipment or thing incidental to or consequential on the exercise of the powers conferred by this section.

(2)This section shall not authorise the acceptance by a council of property which, when accepted, would be held in trust for an ecclesiastical charity or an eleemosynary charity.

115Expenditure for special purposes.N.I.

F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.[F137Publicity

115APublicity Prohibition of political publicity.N.I.

(1)A council shall not publish any material which, in whole or in part, appears to be designed to affect public support for a political party.

(2)In determining whether material falls within the prohibition regard shall be had to the content and style of the material, the time and other circumstances of publication and the likely effect on those to whom it is directed and, in particular, to the following matters—

(a)whether the material refers to a political party or to persons identified with a political party or promotes or opposes a point of view on a question of political controversy which is identifiable as the view of one political party and not of another;

(b)where the material is part of a campaign, the effect which the campaign appears to be designed to achieve.

(3)A council shall not give financial or other assistance to a person for the publication of material which the council is prohibited by this section from publishing itself.

Modifications etc. (not altering text)

115BCodes of recommended practice as regards publicity.N.I.

(1)The Department may issue one or more codes of recommended practice as regards the content, style, distribution and cost of council publicity, and such other related matters as it thinks appropriate, and councils shall have regard to the provisions of any such code in coming to any decision on publicity.

(2)The Department may revise or withdraw a code issued under this section.

(3)The Department shall before issuing, revising or withdrawing a code consult such councils, such associations or bodies representative of councils and such other associations or public bodies, as appear to the Department to be desirable.

(4)A code shall not be issued or revised unless a draft of it has been laid before and approved by a resolution of the Assembly.

115CSeparate account of expenditure on publicity.N.I.

(1)A council shall keep a separate account of its expenditure on publicity.

(2)Any person interested may at any reasonable time and without payment inspect the account and make copies of it or any part of it.

(3)A person having custody of the account who intentionally obstructs a person in the exercise of the rights conferred by subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)The Department may by order provide that subsection (1) does not apply to publicity or expenditure of a prescribed description.

(5)Before making an order under subsection (4) the Department shall consult such councils, such associations or bodies representative of councils and such other associations or public bodies as appear to the Department to be desirable.

115DSections 115A to 115C: supplementary provisions.N.I.

(1)Sections 115A to 115C apply to any publicity expressly or impliedly authorised by any statutory provision, including sections 107 to 110 and [F138section 37 of the Local Government Finance Act (Northern Ireland) 2011].

(2)Nothing in sections 115A to 115C shall be construed as applying to anything done by a council in the discharge of its duties under sections 23 to 27.]

PART VIIIN.I.LEGAL AND ADMINISTRATIVE

N.I.Legal proceedings

116Power to prosecute or defend.N.I.

Where a council considers it expedient for the promotion or protection of the interests—

(a)of the council;

(b)of its district or of any part of its district;

(c)of the inhabitants of its district or of any part of its district;

it may prosecute or defend any legal proceedings.

117Appearance in legal proceedings.N.I.

A council may authorise any officer of the council, either in respect of matters of any class or in respect of any particular matter, to institute on its behalf proceedings before any court of summary jurisdiction or to appear on its behalf before a court of summary jurisdiction in any proceedings instituted by the council or on its behalf, and any officer so authorised shall be entitled to conduct any such proceedings on behalf of the council although he is not a practising solicitor.

Modifications etc. (not altering text)

118Name of council need not be proved.N.I.

(1)Subject to subsection (2), in any proceedings instituted by or against a council it shall not be necessary to prove the corporate name of the council or the constitution or limits of its district.

(2)Nothing in subsection (1) shall prejudice the right of a party to any such proceedings to take or avail himself of any objection which he might have taken or availed himself of if that subsection had not been passed.

119Evidence of resolutions, etc.N.I.

Save as otherwise provided in any statutory provision, production of a copy of or of any part of—

(a)any minute of a meeting of a council or of a committee of a council; or

(b)any resolution passed by a council or by a committee of a council; or

(c)any standing orders made by a council;

upon which is endorsed a certificate purporting to be signed by the clerk of the council stating that—

(i)

the copy of, or of part of, the minute of the meeting is a true copy; or

(ii)

the resolution was passed at a specified meeting of the council or, as the case may be, the committee, or was so passed as a special resolution; or

(iii)

the standing orders were made in accordance with any statutory provision applicable thereto;

shall be evidence of the facts stated in the certificate and that in the case of a resolution passed by a committee, the committee had power to pass such a resolution, without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.

Modifications etc. (not altering text)

N.I.Administrative provisions

120The seal.N.I.

(1)Every council shall provide for the safe custody of its common seal (in this section referred to as “the seal” ), which shall be used only—

(a)under the authority of a resolution of the council, or

(b)in accordance with standing orders of the council.

(2)Every instrument to which the seal of a council is affixed shall be signed by a member of the council and by the clerk of the council or some other person appointed by the council for the purpose.

(3)An instrument which has been sealed with the seal of a council and signed as mentioned in subsection (2) shall be held to be validly executed whether attested by witnesses or not.

(4)A person entering into a transaction with a council shall not be bound to inquire whether authority to affix the seal has been given in accordance with subsection (1)( a) or whether the seal has been used in accordance with standing orders as mentioned in subsection (1)( b); and all instruments executed by a council under its seal if otherwise valid shall have full force and effect notwithstanding that such authority has not been given or that the use of the seal is not in accordance with standing orders.

F139121Inspection of documents.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

122Public notices.N.I.

Save as otherwise expressly provided, a public notice required to be given by a council shall be given—

(a)by—

(i)exhibiting the notice in some conspicuous place on or near the outer door of the offices of the council; and

(ii)posting the notice in some conspicuous place or places within the district of the council; or

(b)in such other manner as appears to the council to be desirable for giving publicity to the notice.

123Penalty for destroying notices.N.I.

F140 A person who wilfully destroys, tampers with, pulls down, injures or defaces—

(a)any board on or to which any bye-law, notice or other matter put up by the authority of the Ministry or of a council is inscribed or affixed; or

(b)any advertisement, placard, bill or notice put up by or under the direction of a council;

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F141 level 3 on the standard scale].

Modifications etc. (not altering text)

124Authentication of documents.N.I.

(1)Any notice, order or other document which a council is authorised or required by any statutory provision to give, make or issue may be signed on behalf of the council by the clerk of the council or by any other officer of the council authorised by the council to sign documents of the particular kind or the particular document, as the case may be, and subject to any statutory provision, any such notice, order or other document may be withdrawn by a notice, order or other document similarly authenticated.

(2)Any document purporting to bear the signature of the clerk of a council or of any officer stated therein to be duly authorised by the council to sign such a document or the particular document, as the case may be, shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the council.

(3)In subsection (2) “signature” includes a facsimile of a signature by whatever process reproduced.

(4)Where a statutory provision makes in relation to any document or class of document, provision with respect to the matters dealt with by subsection (1) or (2), that subsection shall not apply in relation to that document or class of document.

125Custody of records.N.I.

Subject to any directions given by the council, the clerk of a council shall have the charge and custody of and be responsible for all charters, deeds, records and other documents belonging to the council.

126Compensation for damage by council.N.I.

(1)A council shall make compensation to any person who has sustained damage, for which compensation is not payable under any other statutory provision, by reason of the exercise by the council of any of its functions in relation to a matter as to which he has not himself been in default.

(2)Subsections (2) to (9) of section 38 of the Mineral Development Act (Northern Ireland) 1969 [1969 c.35] shall have effect for the purposes of any claim for compensation under this section as if, in those subsections, any reference to that section, that Act or the Ministry of Commerce were a reference to, respectively, this section, this Act and the council.

Modifications etc. (not altering text)

N.I.Supervision of councils

F142127Information, reports and returns.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F142128Inquiries and investigations.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F142129Default of council.N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

N.I.Jurisdiction of High Court

130Exercise of jurisdiction of High Court.N.I.

Subject to rules of court, any jurisdiction conferred on the High Court by this Act shall be exercisable by a single judge of the High Court, and, for all purposes of or incidental to the exercise of that jurisdiction and the amendment and enforcement of any orders made thereunder, a judge of the High Court may exercise all the power, authority and jurisdiction vested in or capable of being exercised by the High Court in relation to the hearing or determination of any civil cause or matter within the jurisdiction of the Court.

PART IXN.I.ABOLITION OF EXISTING LOCAL AUTHORITIES AND TRANSITIONAL PROVISIONS

131Abolition of existing local government areas and dissolution of existing local authorities, with certain exceptions.N.I.

(1)On [F143 1st October 1973]—

(a)every county and every county borough shall cease to be an administrative area for local government purposes;

(b)every borough (other than a county borough), every urban district and every rural district shall be abolished;

(c)every united district within the meaning of section 12 of the Public Health (Ireland) Act 1878 [1878 c.52] or section 7 of the Water Supplies and Sewerage Act (Northern Ireland) 1945 [1945 c.17] shall be abolished.

(2)Without prejudice to any provision of an order made under section 134(2)( h), on [F143 1st October 1973]—

(a)the council of every county, county or other borough, urban district and rural district;

(b)the corporation of every borough other than a county borough or a borough to whose corporation section 132(3)( b) applies;

(c)the joint board constituted for every united district such as is mentioned in subsection (1)( c); and

(d)the Belfast City and District Water Commissioners;

shall be dissolved.

(3)A new town commission established under the New Towns Acts (Northern Ireland) 1965 to 1968 shall—

(a)if immediately before [F143 1st October 1973] the commission were exercising municipal functions, cease to exercise those functions on that day;

(b)cease to exercise development functions, and be dissolved, on such day or days as the Ministry may by order appoint;

and paragraph ( a), and any order under paragraph ( b), shall have effect notwithstanding section 33 of the New Towns Act (Northern Ireland) 1965 or any other provision of the said Acts of 1965 [1965 c.13] to 1968.

(4)Any council, corporation or joint board to which subsection (2) applies, the corporation of any county borough or of any borough to whose corporation section 132(3)( b) applies, the Belfast City and District Water Commissioners, and any new town commission, is in this Part referred to as an “existing local authority” ; and in this Part “municipal functions” and “development functions” in relation to a new town commission have the same meanings as in section 7 of the New Towns Act (Northern Ireland) 1965.

132ChartersN.I.

(1)On [F144 1st October 1973] the charter of the corporation of every borough other than a county borough or a borough to whose corporation subsection (3)( b) applies shall be annulled.

(2)The council for a district which includes the whole or the major part of a borough other than a county borough may, before [F144 1st October 1973], resolve that the charter of the corporation of the borough shall have effect in relation to the district; and, if the borough bears a name other than the name of the district, the resolution shall provide for the name of the corporation of the borough to be changed to correspond to the name of the district.

(3)On and after [F144 1st October 1973] the charter of—

(a)the corporation of each county borough; and

(b)the corporation of a borough with respect to whose charter a resolution has been passed under subsection (2);

shall have effect in relation to the district which includes the whole or the major part of the borough as existing immediately before that date, but subject to any order made under section 134(2)( c).

(4)Where a charter to which subsection (3) applies has effect subject to any adaptations or modifications by virtue of section 30(1A) of the New Towns Act (Northern Ireland) 1965, it shall, on [F144 1st October 1973], cease to be subject thereto.

(5)The corporation established or regulated by a charter to which subsection (3) applies shall continue to bear the name it bore immediately before [F144 1st October 1973] or, where a resolution passed under this section provides for a change of its name, shall on and after that date bear the name specified in the resolution, and shall continue to have perpetual succession, and shall act by the council of the district mentioned in that subsection.

(6)The chairman of the council mentioned in subsection (5), and the councillors of that council who are designated as aldermen in accordance with the charter, shall be respectively the mayor (or, as the case may be, the lord mayor) and the aldermen of the borough to which the charter relates.

(7)Without prejudice to any provision of the charter for the conferment of the freedom of the borough, the local electors of a district in relation to which a charter to which subsection (3) applies has effect shall, for the purposes of the charter, be the burgesses (or, as the case may be, the citizens) of the borough.

(8)When a council passes a resolution under subsection (2) it shall forthwith publish notice of the resolution in the Belfast Gazette.

133Transfer of functions.N.I.

(1)The Ministry may by order make provision for the transfer from existing local authorities or their officers, on such day or days as are specified in the order, of any functions of those authorities or officers for the transfer of which provision is not made by any other statutory provision (except subsection (2)) to such other authority, being a government department, council or public body, or to such officer of any such other authority, as is specified in the order.

(2)For the purpose of providing for the exercise on and after [F145 1st October 1973] by councils of functions exercisable immediately before that date by urban district councils, where provision for the transfer of those functions is not made by any statutory provision other than this subsection any reference in a transferred provision contained in—

(a)a public general Act passed before [F145 1st October 1973], or

(b)an instrument made before [F145 1st October 1973], not being an instrument in the nature of a local enactment,

to an urban district (whether as such or as a county district or a sanitary district) or to the council of such a district, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified urban district or urban district council or is to be construed as such, be construed as including a reference to a district or its council, as the case may be.

134Supplementary and transitional provisions.N.I.

(1)The Ministry concerned may at any time, whether before or after [F146 1st October 1973], by order make such incidental, consequential, transitional or supplemental provision as appears to it to be necessary or expedient for the general or any particular purposes of this Act or of any other transferred provision passed in the same Session as this Act or in any subsequent Session (but before [F146 1st October 1973]) [F147 or made by Order in Council under the Northern Ireland (Temporary Provisions) Act 1972 [1972 c.22] before that date] or in consequence of any of the provisions thereof or for giving full effect thereto, and nothing in any other provision of this Act or any other such transferred provision shall be construed as prejudicing the generality of this subsection.

(2)Any such order may in particular include provision—

(a)with respect to the transfer and management or custody of property (whether real or personal) and the transfer of other assets and of liabilities;

(b)for temporary modifications of this Act or for modifying or repealing any transferred provision passed or made before [F146 1st October 1973] (not including such a provision contained in this Act, but including such a provision contained in or made under a local or personal Act or an Act confirming a provisional order);

(c)for modifying a charter which continues to have effect by virtue of section 132(3) (including the making of provision for the designation of aldermen, who shall number not more than one-quarter of the whole number of the councillors, and the conferment of the freedom of the borough);

(d)with respect to the membership of any body so far as that membership consists of or includes persons elected by, or appointed by or on the nomination of,—

(i)any existing local authority;

(ii)any two or more bodies who include such an authority;

(iii)any association which is wholly or partly representative of such authorities;

(e)for anything done before the appointed day by any existing local authority in the exercise of functions which on that day become exercisable by any other authority to be deemed as from that day to have been duly done by that other authority, and for any instrument or document made before that day, if or so far as it was made in the exercise of those functions, to continue in force on and after that day until varied or revoked in the exercise of those functions by that other authority;

(f)for the carrying on and completion by or on behalf of one authority of any thing (including any legal or parliamentary proceeding) commenced by or on behalf of any other authority;

(g)for construing, so far as may be necessary for the purposes of or in consequence of the order, references in any transferred provision or in any judgment, decree, order or warrant of any court, or in any award, deed, contract, record or other document to any authority as references to any other authority;

(h)for the application, defrayal, apportionment or adjustment of assets, liabilities, income or costs, for the inclusion or exclusion for purposes of such application, defrayal, apportionment or adjustment of any item which the Ministry concerned may think proper to include or exclude, and for the continuance of, or of functions of, any existing local authority, and the continuance in office of any member or officer of an existing local authority, as if the authority had not been dissolved, for purposes of such application, defrayal, apportionment or adjustment or for purposes of the making up and audit of accounts and any proceedings in connection therewith or consequent thereupon;

(i)for the determination of questions arising under the order.

(3)Stamp duty shall not be chargeable on this Act or on an order made under this section or on any instrument executed for the purposes of giving effect to such an order.

(4)Any asset of an existing local authority (except an asset of a new town commission held for purposes of development functions) which is not transferred to some other authority on or before [F146 1st October 1973] by virtue of an order under this section or of any other transferred provision shall, by virtue of this subsection, vest in the Ministry of Finance on that date, and any liability in respect of that asset which is not so transferred on or before that date shall be transferred to that Ministry on that date and shall be enforceable against that Ministry.

(5)A certificate issued by the Ministry concerned that any asset or liability has, by virtue of an order under, or any provision of, this section, been transferred to or vested in an authority specified in the certificate shall be accepted as evidence of that fact, and, upon lodgement of such a certificate relating to land, the certificate shall be registered in the Registry of Deeds or, in the case of registered land, the title to which the certificate relates shall be registered in the Land Registry.

(6)An order under this section which includes provision for modifying or repealing a transferred provision (except an order making only temporary modifications of this Act or an order modifying or repealing only a provision contained in or made under a local or personal Act or an Act confirming a provisional order) shall be subject to affirmative resolution.

135Transfer of officersN.I.

(1)An order under section 134 may make provision for the transfer of any person who is, on such date before [F148 1st October 1973] as may be specified in relation to him in the order, the holder of any place, situation or employment and who is affected by any provision of, or of any instrument made under, this Part or any other transferred provision such as is mentioned in subsection (1) of that section, and shall contain provisions for the protection of the interests of every person with respect to whose transfer such a provision is made.

(2)In the case of any person who immediately before [F148 1st October 1973] is in the employment of one or more than one existing local authority and for whose transfer no provision is made by any other statutory provision, an order under section 134 shall make such provision as is necessary to ensure that, to the extent (if any) to which, by reason only of the provisions of this Part, or any such other transferred provision as aforesaid, that person, apart from the order, would cease on [F148 1st October 1973] to be employed by one or more than one such authority, that person is transferred on [F148 1st October 1973] to the employment of such other authority or authorities as are specified in or determined under the order.

(3)The provision required to be made under subsection (1) or (2) shall include such provision with respect to any person who is transferred under this Part as to secure that—

(a)so long as he continues in the employment of the other authority or authorities by virtue of the transfer and until he is served with a statement in writing of his new terms and conditions of employment, he enjoys terms and conditions of employment (including conditions as to superannuation benefits) not less favourable than those he enjoyed immediately before 17th November 1971; and

(b)the said new terms and conditions are such that—

(i)so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of the transfer, the scale of his remuneration; and

(ii)the other terms and conditions of his employment;

are taken as a whole not less favourable than those he enjoyed immediately before 17th November 1971.

(4)Where, in relation to a person to whom subsection (1) or (2) applies, the terms and conditions of his employment (including conditions as to superannuation benefits) were, before 17th November 1971 but not earlier than 1st October 1971, varied in any respect and the Ministry concerned considers that, in all the circumstances, the variation was not justified, that Ministry may direct that the variation shall be wholly or partially omitted from the terms and conditions on which he becomes employed by the other authority or authorities; and subsection (3) shall have effect in relation to him as if so much of the variation as is specified in the direction had not been included in the terms and conditions of his employment immediately before 17th November 1971.

(5)Where, in relation to a person to whom subsection (1) or (2) applies, the terms and conditions of his employment (including conditions as to superannuation benefits) are on or after 17th November 1971 varied in any respect, the Ministry concerned may direct that the variation shall be wholly or partially included among the terms and conditions on which he becomes employed by the other authority or authorities; and subsection (3) shall have effect in relation to him as if so much of the variation as is specified in the direction had been included in the terms and conditions of his employment immediately before 17th November 1971.

Subs.(6) rep. by 1996 NI 16

(7)Where a person enters the employment of an existing local authority on or after 17th November 1971 but before [F148 1st October 1973], subsections (3) and (5) shall have effect as if for any reference to terms and conditions of employment enjoyed immediately before 17th November 1971 there were substituted a reference to terms and conditions of employment enjoyed immediately after entering that employment.

(8)In subsections (3) and (5) “terms and conditions of employment” includes any restriction under a statutory provision on the termination of the employment of any person.

(9)The foregoing provisions of this section shall have effect with respect to a person who is employed by a new town commission for the purpose of development functions as if for any reference in those provisions to [F148 1st October 1973] there were substituted a reference to the day on which the new town commission are, by virtue of an order under section 131(3)( b), to be dissolved.

Subs.(10) rep. by 1973 NI 10

(11)For the purposes of this section, where a variation which is made in terms and conditions of employment on one date is expressed to take effect from another date, the terms and conditions shall be treated as varied on the first-mentioned date.

136Superannuation officers.N.I.

(1)An order under section 134 may make provision with respect to the superannuation rights of any person who has been or is an officer of an existing local authority, or of any class of such persons, and may provide that the appropriate superannuation fund or scheme in relation to that officer or class shall be such fund or scheme as may be specified in or determined under the order; and the order may make such incidental, consequential, transitional or supplementary provision (including provision for the payment of accrued superannuation values or corresponding sums by any existing local authority or any council) as appears to the Ministry concerned to be necessary or proper for the purpose or in consequence of the order and for giving full effect thereto.

(2)In this section “accrued superannuation value” has the same meaning as in the Local Government (Superannuation) Act (Northern Ireland) 1950 [1950 c.10] .

137Compensation of officersN.I.

(1)The Ministry shall by regulations made with the approval of the Ministry of Finance make provision for the payment, on such terms and subject to such conditions as may be specified in the regulations, of compensation to or in respect of a person employed by an existing local authority who is transferred under section 135(1), (2) or (9) and who subsequent to his transfer, suffers loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to this Act or any other transferred provision such as is mentioned in section 134(1) and for whose compensation no provision is made by any other statutory provision.

(2)Regulations under this section may—

(a)include provision as to the funds out of which and the authority or authorities by whom compensation is to be defrayed;

(b)include provision as to the manner in which and the time within which and the person to whom any claim for compensation is to be made;

(c)be framed so as to have effect from a date earlier than the making of the regulations but not so as to place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making;

(d)apply for the purposes of this section any transferred provision relating to the payment of compensation, subject to the modifications (if any) specified in the regulations;

(e)make provision for the determination of questions arising under the regulations.

(3)Regulations under this section may also make provision in relation to persons who are employees of any such association of existing local authorities as may be prescribed and who suffer loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to the reorganisation of local government effected by this Act; and, without prejudice to subsection (2), regulations making any such provision may provide that any compensation paid under the regulations by a government department shall be recoverable by that department in accordance with the regulations from such association or from such councils as may be prescribed by or determined under the regulations.

S.138 rep. by 1985 NI 15

S.139 rep. by SLR 1980

140Bye-laws, etc.N.I.

Subject to any modification or repeal made under section 134(2)( b), all bye-laws, orders and regulations of an existing local authority which are in force immediately before [F149 1st October 1973] and are not inconsistent with any statutory provision shall, in so far as they relate to or are in pursuance of a function exercisable on and after that date by another authority, continue in force as if made by that other authority, and may be altered or revoked accordingly.

S.141 rep. by 1985 NI 15

PART XN.I.GENERAL

142Application of Act to joint committees.N.I.

Without prejudice to section 19(9)( c), the provisions of this Act mentioned in Schedule 7 shall apply to joint committees as they apply to councils as if—

(a)any reference to a council included a reference to a joint committee and any reference to a committee of a council included a reference to a sub-committee of a joint committee;

(b)any reference to a councillor included a reference to a member of a joint committee, whether he is a councillor or not;

(c)any reference to the clerk of a council F150. . . included a reference to the chief officer of a joint committee;

(d)any reference to the offices of a council included a reference to the place of meeting of a joint committee; and

(e)any reference to the district of a council included a reference to the districts of all the councils which have concurred in appointing a joint committee.

143Orders and regulations.N.I.

Orders made under this Act by the Ministry or any other government department (other than an order made under section 40(8), [F15150,]F152. . . …F153 or 129 or an order under section 52 or 134 to which subsection (9) or, as the case may be, (6) of that section applies, [F154 or a vesting order]), and regulations made under this ActF155. . . , shall be subject to negative resolution.

S.144 rep. by SLR 1980

145Payments due by councils to government departments, etc.N.I.

F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

146Interpretation: pecuniary interests.N.I.

F157(1)Subject as hereafter provided in this section, a person shall be treated for the purposes of this Act as having a pecuniary interest in a contract or proposed contract or in any other matter if—

(a)he has himself or by or with or through another, an interest in the outcome thereof or in any commission, advantage or benefit arising or accruing therefrom;

(b)he or any nominee of his is a member of a company or other body with which that contract is made or is proposed to be made or which has a direct pecuniary interest in that other matter; or

(c)he is a partner or is in the employment of a person with whom that contract is made or is proposed to be made or who has a direct pecuniary interest in that other matter;

but shall not be so treated—

(i)if the pecuniary interest arises in relation to a contract or proposed contract for the supply of services, facilities or goods to the public and the terms of the contract are offered to the public at large and he has, fairly, openly and without qualification, accepted those terms upon the same conditions as those on which they are open to acceptance by any member of the public; or

(ii)if the pecuniary interest is of such a general nature or is so insignificant or trivial, or is so indirectly or remotely related to that contract, proposed contract or other matter that the judgment of the person is not likely to be affected or influenced thereby; or

(iii)by reason only of his being a member or an officer of any public body; or

(iv)by reason only of his being a member of any company or other body if he proves he has no beneficial interest in the shares therein or in the profits thereof.

(2)For the purposes of this section and sections 28 to 33 and 46, the interest of one of two spouses[F158 or civil partners] living together shall be deemed to be the interest of the other of those spouses[F158 or civil partners] unless that other spouse[F158 or civil partner] proves he or she was unaware of, and had no reasonable grounds for being aware of, the interest of his or her spouse[F158 or civil partner], and in this section and those sections—

  • “council” includes a committee and a sub-committee of a council;

  • “councillor” includes a member of such a committee or sub-committee, whether he is a member of the council or not;

  • “matter” includes any relevant transaction (not being a contract) within the meaning of section 31 and any other matter whatsoever;

  • “public body” means a body established by or under any statutory provision; and

  • “shares” includes stock and “share capital” shall be construed accordingly.

Modifications etc. (not altering text)

C84S. 146 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C85S. 146 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 1 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

147Interpretation: “provide” and “maintain”.N.I.

For the purposes of this Act—

(a)power to provide any thing—

(i)includes power to acquire, establish, lay out, erect or construct it and to provide buildings, works, equipment, facilities, services and amenities for or in connection with it and any other thing incidental or ancillary to it; and

(ii)also includes power to enter into arrangements with any other person for the use, on such terms as may be agreed, of any suitable thing provided by, or under the control of, that other person and, if it appears convenient, for the services of any staff employed in connection therewith;

(b)power to maintain any thing includes power to operate, manage, repair, extend, alter, improve, re-erect and renew it or any such building, works, equipment, facility, service, amenity or other thing as aforesaid.

148General interpretation.N.I.

(1 )F159In this Act—

  • “association” includes any body of persons, corporate or unincorporate;

  • F160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “council” has the meaning assigned to it in section 1(3), and in relation to any district means the council for that district;

  • “councillor” has the meaning assigned to it by section 1(3), and in relation to any council means a councillor of that council;

  • “date of conviction” shall, where the person convicted brings any appeal or application in respect of his conviction, be taken as the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;

  • “day of his election” means in relation to any person claiming or alleged to be a councillor—

    (a)

    where his election or alleged election was contested, the day on which the result of the poll was declared; and

    (b)

    in any other case, the day on which he was elected, or is alleged to have been elected, to act as a councillor;

  • “declaration” means declaration in writing;

  • “direction” means direction in writing; and “direct” shall be construed accordingly;

  • “district” has the meaning assigned to it by section 1(3), and in relation to any council means the district for which that council acts;

  • “elected” includes appointed, F161. . . nominated or otherwise selected [F162or returned];

  • “government department” means a department of the Government of Northern Ireland;

  • “insurance” means a contract with any person whereby, in consideration of payments by the council by way of premium or otherwise, that person undertakes to pay to the council such sums as may be provided in the contract on the occurrence of a particular event; and “insure” shall be construed accordingly;

  • Defenition rep. by 1985 NI 15

  • “joint committee” has the meaning assigned to it by section 19(1);

  • [F163“local elector” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962]

  • “ the Minister” means the Minister of DevelopmentF164;

  • “the Ministry”, except in Schedule 6, means the Ministry of DevelopmentF165;

  • “the Ministry concerned” in relation to any purpose or function means the government department concerned with that purpose or function, and if any question arises as to what department is the Ministry concerned, the question shall be determined by the Ministry of Finance;

  • “modify” means making additions, omissions, amendments, adaptations, applications, extensions, restrictions and substitutions;

  • “newspaper”, in sections 24 to 26, includes any newsagency which as part of its regular business sells or otherwise supplies for reward reports or information to newspapers and any organisation which as part of its regular business collects news for sound or television broadcasts;[F166 or for programmes to be included in a programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service;]

  • “notice” means notice in writing;

  • “officer” includes servant;

  • “owner” means the person for the time being receiving the rack rent of the land in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if the land were let at a rack rent;

  • “prescribed” means prescribed by regulations;

  • F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “public body”, except in section 146, means a body (other than a council) established by or under any transferred provision;

  • “public utility undertaking” means the provision of gas, transport or any other public service which a council is authorised to undertake;

  • “regulations” means regulations made by the Ministry;

  • “special resolution” means a resolution passed by a majority of not less than two-thirds of the whole number of the councillors at a meeting of the council which has been specially called for the purpose and of which at least ten days' notice, specifying the purpose of the meeting, has been given by advertisement in at least two newspapers circulating in the district of the council, in addition to the ordinary notice required to be given for convening a meeting of the council;

  • “the Staff Commission” has the meaning assigned to it by section 40; “provide” and “maintain” .

  • “statutory provision” has the meaning assigned to it by section 1( f) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] , and includes such a provision contained in or made under this Act or passed or made after the passing of this Act;

  • “transferred provision” has the meaning assigned to it by section 1( g) of the Interpretation Act (Northern Ireland) 1954, and includes such a provision contained in or made under this Act or passed or made after the passing of this Act;

  • “voluntary body” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members thereof.

(2)For the purposes of this Act, a person shall be deemed not to withdraw from a meeting unless he removes himself outside the hall or room in which the meeting is held and outside the sight and hearing of persons present at the meeting.

(3)References in this Act to the consent or approval of any authority are references to consent or approval in writing.

[F168(4)For the purposes of this Act references to “publicity”, “publish” and “publication” are references to any communication, in whatever form, addressed to the public at large or to a section of the public.]

F160S. 148(1): definition of "chief financial officer" repealed (1.4.2012) by Local Government Finance Act (Northern Ireland) 2011 (c. 10), ss. 46, 47(2), Sch. 2; S.R. 2011/306, art. 2(3)

F161S. 148: words omitted (1.4.2010) in the definition of "elected" by virtue of Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 5(4)(a)

F162S. 148: words inserted (1.4.2010) in the definition of "elected" by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 5(4)(b)

F164SRO (NI) 1973/504; 1976 NI 6

F165SRO (NI) 1973/504; 1976 NI 6

F167Definition of "prohibition order" in s. 148(1) repealed (1.4.2006) by Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I. 18)), arts. 1(2), 28(8), Sch. 1; S.R. 2006/151, art. 2, Sch. (with art. 4)

Modifications etc. (not altering text)

C88S. 148 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 2 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

C89S. 148 applied (with modifications) (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 1 para. 20 (with s. 106(4)); S.R. 2012/142, art. 2(a)

149Amendments, repeals and savings.N.I.

  • Subs.(1), with Schedule 8, effects amendments

  • Subs.(2), with Schedule 9, effects repeals

(3)The repeal by this Act of section 22 of and Schedule 2 to the Local Government Act (Northern Ireland) 1934 [1934 c.22] and any transferred provision modifying that section and Schedule shall not prejudice the operation of that section, Schedule and provision as applied for the purposes of any other transferred provision passed before this ActF169, and that section, Schedule and provision shall continue to have effect for the purposes of that other provision as if this Act had not been passed.

(4)Subject to the provisions of this Act, any reference in any unrepealed transferred provision to a transferred provision that is repealed by this Act shall, in relation to any subsequent transaction, matter or thing, be construed as a reference to so much of any provision of this Act as relates to the same subject matter as the provision so repealed, and the unrepealed transferred provision shall, with any necessary modifications, have effect accordingly; and if nothing in this Act relates to the same subject matter, the transferred provision that is so repealed shall stand good, and be read and construed as unrepealed in so far, and in so far only, as is necessary to support, maintain or give effect to the unrepealed transferred provision.

150Short title and commencement.N.I.

(1)This Act may be cited as the Local Government Act (Northern Ireland) 1972.

(2)Commencement