Local Government Act (Northern Ireland) 1972

N.I. Administrative provisions

120 The 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.

121 Inspection of documents. N.I.

(1) The minutes of the proceedings of a council or any committee of a council shall be open to inspection by any local elector for the district of the council, and any such elector may make a copy of, or of any part of, the minutes.

(2) The accounts of a council shall be open to inspection by any member of the council, and any such member may make a copy of, or of any part of, the accounts.

(3) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A document directed by this section to be open to inspection shall be so open at all reasonable hours, and,F2 . . . without payment.

(5) If a person having the custody of any document mentioned in this section—

(a) knowingly obstructs any person entitled to inspect the document or to make a copy of, or of any part of, the document in inspecting the document or making a copy; or

(b) refuses to supply copies to any person entitled to obtain copies;

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F3 level 2 on the standard scale].

F1 S. 121(3) repealed (1.4.2006) by Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I. 18)), arts. 1(2), 28(8), Sch. 1; S.R. 2006/151, art. 2, Sch.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)

F2 1992 NI 6

F3 1984 NI 3

122 Public 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.

123 Penalty for destroying notices. N.I.

F4 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[F5 level 3 on the standard scale].

F4 1965 c.13 (NI); 1984 NI 11

F5 1984 NI 3

Modifications etc. (not altering text)

C1 Ss. 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)

124 Authentication 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.

125 Custody 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.

126 Compensation 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)

C2 Ss. 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)