Local Government Act (Northern Ireland) 1972

PART IDISTRICTS AND COUNCILS

1District councils.

PART IIMEMBERS, MEETINGS AND PROCEDURE

3Qualifications.

4Disqualifications.

5Disqualifications to become inapplicable in certain cases.

6Penalties for acting while disqualified.

7Declaration on acceptance of office.

7ANorthern Ireland code of local government conduct.

9Vacation of office on account of non-attendance.

10Declaration of vacancy in office in certain cases.

Chairman and vice-chairman

12Payment of allowance to chairman.

12AElection of chairman.

13Vice-chairman.

14Declaration of acceptance of office.

16Vacation of office on account of absence from district.

17Casual vacancy in office of chairman.

18Power to appoint committees and sub-committees.

19Joint committees.

19AVoting rights of members of committees, sub-committees and joint committees.

20Expenses of joint committees.

21Disqualification for membership of committees.

Procedure of council and committees

22Meetings and proceedings.

Admission to meetings

23Admission of public to meetings.

24Information to be given as to meetings.

25Facilities for newspaper representatives.

26Certain publications to be privileged.

Pecuniary interests

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

29Restrictions on application of section 28.

30Relatives of councillors.

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

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

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

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

35Validity of acts done by unqualified person.

36Payments to councillors.

37Expenses of official and courtesy visits, etc.

38Expenses incurred in attending conferences and meetings.

39Insurance against accidents to councillors.

PART IIIOFFICERS

40The Staff Commission.

41Appointment and qualification of officers.

[41AAppointment of Officers by the Executive.

41BLoans to officers for purchase of motor cars or motor cycles.

42Councillors not to be appointed officers.

S.43 rep. by 1973 NI 10

44Retirement of officers.

45Insurance against default of officers.

46Duty of officers to disclose pecuniary interest.

47Prohibition of acceptance of unauthorised fee or reward.

47ADelegation of functions to officers.

48Protection for officer acting in execution of duty.

49Officers of joint committee.

PART IVALTERATIONS OF DISTRICTS

50Local government boundaries

51Change of name of district.

52Supplemental provisions as to alterations of boundaries or names.

PART VFINANCIAL PROVISIONS

Annual budget and financial arrangements

53Annual budget.

54Arrangements for handling receipts and payments.

55The district fund.

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

57Capital fund.

58Renewal and repairs fund.

59Proceeds of sale of capital assets.

60Limitation on application of funds.

61Purposes for which money may be borrowed.

62Modes of borrowing.

63Security for borrowing.

64Priority of securities.

65Repayment of money borrowed.

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

67Application of unexpended portion of borrowed money.

68Power to re-borrow.

69Lenders relieved from certain inquiries.

70Securities regulations.

71Appointment of receiver.

72Consolidated loans fund.

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

Local government auditors

74Local government auditors.

76Audit of accounts of councils.

77Duties of officers as to audit.

77AConfidentiality of officers' records.

78Production of, and declaration as to, documents.

79Right to objection.

80Auditor's report.

Surcharge, etc.

81Declaration that item of account is unlawful.

82Recovery of amount not accounted for, etc.

82APower of auditor to issue prohibition order.

82BEffect of and appeals against prohibition orders.

82CSupplementary provisions as to prohibition orders.

82DPower of auditor to apply for judicial review.

Functions of Ministry as to accounts and audit

87Regulations as to accounts and audit.

88Extraordinary audits and inspections.

S.89 rep. by 1992 NI 6

Studies for improving economy, etc. of services

89AStudies for improving economy, etc. of services.

PART VIBYE-LAWS

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

92Penalties for contravention of bye-laws.

93Enforcement of bye-laws.

94Evidence of bye-laws.

PART VIIMISCELLANEOUS FUNCTIONS

95Provisions of offices, halls, etc.

96Acquisition, etc., of land.

97Acquisition of land otherwise than by agreement.

98Power to enter on land.

99Contracts of councils.

100Sealing of contracts

Local and personal Bills

101Power to promote or oppose local or personal Bills.

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

103Taxation of costs.

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

104Agency arrangements

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

106Contribution to other councils, etc.

Co-operation with voluntary bodies, etc.

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

108Contributions to other voluntary bodies.

Advice and information

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

110Information centres.

Other miscellaneous functions

111Subscriptions.

113Exercise of certain functions outside district.

113APower to provide advice and assistance.

114Acceptance of gifts.

115Expenditure for special purposes.

115APublicity Prohibition of political publicity.

115BCodes of recommended practice as regards publicity.

115CSeparate account of expenditure on publicity.

115DSections 115A to 115C: supplementary provisions.

PART VIIILEGAL AND ADMINISTRATIVE

Legal proceedings

116Power to prosecute or defend.

117Appearance in legal proceedings.

118Name of council need not be proved.

119Evidence of resolutions, etc.

Administrative provisions

121Inspection of documents.

122Public notices.

123Penalty for destroying notices.

124Authentication of documents.

125Custody of records.

126Compensation for damage by council.

Supervision of councils

127Information, reports and returns.

128Inquiries and investigations.

129Default of council.

Jurisdiction of High Court

130Exercise of jurisdiction of High Court.

PART IXABOLITION OF EXISTING LOCAL AUTHORITIES AND TRANSITIONAL PROVISIONS

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

133Transfer of functions.

134Supplementary and transitional provisions.

135Transfer of officers

136Superannuation officers.

137Compensation of officers

S.138 rep. by 1985 NI 15

S.139 rep. by SLR 1980

140Bye-laws, etc.

S.141 rep. by 1985 NI 15

142Application of Act to joint committees.

143Orders and regulations.

S.144 rep. by SLR 1980

145Payments due by councils to government departments, etc.

146Interpretation: pecuniary interests.

147Interpretation: “provide” and “maintain”.

148General interpretation.

149Amendments, repeals and savings.

150Short title and commencement.

SCHEDULE 1DECLARATIONS ON ACCEPTANCE OF OFFICE

PART IDECLARATION OF COUNCILLOR

SCHEDULE 2MEETINGS AND PROCEEDINGS OF COUNCILS AND COMMITTEES

Holding of meetings The council shall in every year hold ...

Holding of meetings

1The council shall in every year hold an annual meeting ...

Convening meetings

2The chairman of the council may call a meeting of ...

Chairman of meeting

3At a meeting of the council the chairman of the ...

4Subject to sub-paragraph (2), no business shall be transacted at ...

Names of councillors present to be recorded

5The names of the councillors present at a meeting of ...

Person authorised by Ministry may attend meetings

6A person authorised in writing by the Ministry in that ...

Decision on questions

7Subject to any statutory provision, all acts of a council ...

8The mode of voting at meetings of the council shall, ...

9Minutes of the proceedings of a meeting of a council, ...

Standing orders

10Subject to the provisions of this Act, a council may ...

Vacancies, etc., not to invalidate proceedings

11The proceedings of a council or of a committee or ...

Proceedings of committees

12A council appointing a committee, and councils who concur in ...

SCHEDULE 3THE STAFF COMMISSION

Members Section 18(2) of the Interpretation Act (Northern Ireland) 1954 ...

1Section 18(2) of the Interpretation Act (Northern Ireland) 1954 (except, ...

2The Staff Commission may pay— to its chairman such remuneration; ...

2AThe Staff Commission may make payments to its members for, ...

3Before the commencement of each financial year the Staff Commission ...

4In preparing the estimate mentioned in paragraph 3, the Staff ...

5The Staff Commission shall, with the approval of the Ministry, ...

6Any question arising in connection with an apportionment under paragraph ...

7The amount apportioned under paragraph 5 as arising from matters ...

7AThe amount apportioned under paragraph 5 as arising from matters ...

8Any sum which is payable by a council [ or, ...

9The amount apportioned under paragraph 5 as other expenditure shall ...

10The Staff Commission may borrow, by way of temporary loan ...

Accounts, etc., and audit

11The Staff Commission shall keep such accounts and records as ...

12The accounts of the Staff Commission shall be audited annually ...

Information, reports and returns

13The Staff Commission shall— make such reports and returns, and ...

SCHEDULE 4LOCAL GOVERNMENT BOUNDARIES COMMISSIONER

PART IAPPOINTMENT, ETC.

1In this Schedule “ a Commissioner ” means a Local ...

2Section 18(2) of the Interpretation Act (Northern Ireland) 1954 applies ...

Assistant Commissioners and assessors

3The Department may, at the request of a Commissioner, appoint ...

4The Department shall appoint— a secretary; and such other officers ...

Remuneration and expenses

5The remuneration and expenses of a Commissioner, any Assistant Commissioners ...

PART IIPROCEDURE

Procedure for Commissioner appointed under section 50(1)(a)

6This paragraph applies where a Commissioner is appointed under section ...

Procedure for Commissioner appointed under section 50(1)(b)

7This paragraph applies where a Commissioner is appointed under section ...

Procedure for Commissioner appointed under section 50(4)

8This paragraph applies where a Commissioner is appointed under section ...

Commissioner's procedure - general

9In relation to a notice published by a Commissioner under ...

10A Commissioner may direct any hearing under this Schedule to ...

11A Commissioner may, if he thinks fit, submit interim reports ...

12Subject to paragraphs 7 to 11, a Commissioner may regulate ...

13Every document purporting to be an instrument made or issued ...

PART IIIRULES IN ACCORDANCE WITH WHICH RECOMMENDATIONS OF A COMMISSIONER ARE ...

14Regard shall be had to the desirability of determining district ...

15A townland shall not, except where in the opinion of ...

16As far as practicable— a district shall not be wholly ...

17In determining the number and boundaries of wards within a ...

18Subject to sub-paragraphs (2) and (3)— in the district of ...

19Within any one district there shall, as far as is ...

1If a council determines to repay by means of a ...

2Every sum paid to a sinking fund shall, unless applied ...

3In the case of an accumulating sinking fund, the interest ...

4A council may at any time apply the whole or ...

5Any surplus of a sinking fund remaining after the discharge ...

6If at any time it appears to the council that ...

7If the council desires to accelerate the repayment of any ...

8If the amount in a sinking fund, together with the ...

9If at any time the amount in a sinking fund, ...

SCHEDULE 6ACQUISITION OF LAND BY VESTING ORDER

Preliminary procedure A council which proposes to acquire land otherwise ...

Preliminary procedure

1A council which proposes to acquire land otherwise than by ...

2Notice of the application, in such form and manner as ...

Making of vesting order

3After the expiration of one month from the date of ...

4A vesting order shall contain such provisions as the Ministry ...

Validity and operation of vesting orders

5The following provisions of this paragraph shall have effect with ...

6Subject to sub-paragraph (3), a vesting order shall operate, without ...

7A vesting order, or the title created by such an ...

8Where a vesting order relates to any land forming part ...

9On and after the date of vesting the council or ...

10Section 92 of the Lands Clauses Consolidation Act 1845 shall ...

Reference of disputed cases to the Lands Tribunal

11As soon as a vesting order has become operative, any ...

12When any question of disputed compensation arises, the council shall ...

Special powers of the Lands Tribunal

13The Lands Tribunal shall have the same power of apportioning ...

Satisfaction of claims

14The council, on paying to any person any compensation (whether ...

15Where the compensation payable (whether the amount thereof has been ...

16Any person claiming to be entitled to any money paid ...

17Where the amount of compensation has been determined but for ...

18The council shall pay interest upon the compensation money from ...

Payment of Ministry's costs by council

19All costs incurred by the Ministry in carrying the provisions ...

20For the purposes of this Schedule the interest of a ...

SCHEDULE 7PROVISIONS APPLIED TO JOINT COMMITTEES

Schedule 8 —Amendments

Schedule 9—Repeals

Local Government Act (Northern Ireland) 1972

1972 Chapter 9

An Act to provide for the constitution of district councils to administer local government districts, for the regulation of such councils and for certain of their functions; to abolish existing local government areas and existing local authorities, with certain exceptions, and to enable provision to be made for the transfer of the functions, assets and liabilities of such authorities; and for connected purposes.

[23rd March 1972]