Local Government Act (Northern Ireland) 1972

PART I N.I. DISTRICTS AND COUNCILS

1 District councils. N.I.

(1) For every local government district established in pursuance of [F1 section 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.

F1 Words 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))

F2 SI 1985/454

2 Boroughs. 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.

F3 1972 NI 21

F4 1972 NI 21