Local Government Act (Northern Ireland) 2014

1. Introductory Text

2. PART 1 COUNCILS

   1. 1. Names of councils

   2. 2. Constitutions of councils

3. PART 2 DISQUALIFICATIONS

   1. 3. Disqualifications for being councillors

   2. 4. Disqualification of councillors for being independent members of policing and community safety partnerships

   3. 5. Disqualification of holders of prescribed offices and employments

4. PART 3 POSITIONS OF RESPONSIBILITY

   1. 6. Positions of responsibility

5. PART 4 DISCHARGE OF FUNCTIONS

   1. Arrangements for discharge of functions

      1. 7. Arrangements for discharge of functions of council

      2. 8. Arrangements by one council for discharge of functions by another council

      3. 9. Arrangements for discharge of functions by councils jointly

      4. 10. Exercise of functions not prevented by arrangements under this Part

   2. Appointment of committees etc.

      1. 11. Appointment of committees etc. for the purpose of discharging functions

      2. 12. Appointment of committee to advise on discharge of functions

      3. 13. Appointment of councillors to committees, etc.

   3. Supplementary

      1. 14. Joint committees: further provisions

      2. 15. Disqualification for membership of committees

      3. 16. Declaration required of persons who are not members of council

      4. 17. Voting rights of persons who are not members of council

      5. 18. Termination of membership on ceasing to be member of council

6. PART 5 PERMITTED FORMS OF GOVERNANCE

   1. 19. Permitted forms of governance

   2. 20. Power to prescribe additional permitted governance arrangements

7. PART 6 EXECUTIVE ARRANGEMENTS

   1. Council executives

      1. 21. Council executives

   2. Executive functions

      1. 22. Functions which are the responsibility of an executive

      2. 23. Functions of an executive: further provision

   3. Allocation and discharge of functions

      1. 24. Allocation and discharge of functions

      2. 25. Discharge of functions of and by another council

      3. 26. Joint exercise of functions

   4. Overview and scrutiny committees

      1. 27. Overview and scrutiny committees: functions

      2. 28. Overview and scrutiny committees: supplementary provision

      3. 29. Scrutiny officers

      4. 30. Reference of matters to overview and scrutiny committee etc.

      5. 31. Dealing with references under section 30(1)(c)

      6. 32. Duty of council or executive to respond to overview and scrutiny committee

      7. 33. Publication etc. of reports, recommendations and responses: confidential and exempt information

   5. Meetings and access to information etc.

      1. 34. Meetings and access to information etc.

      2. 35. Meetings and access to information etc.: further provision and regulations

8. PART 7 MEETINGS AND PROCEEDINGS

   1. General

      1. 36. Meetings and proceedings

   2. Standing orders

      1. 37. Standing orders

      2. 38. Regulations about standing orders

   3. Decision-making

      1. 39. Simple majority

      2. 40. Qualified majority

      3. 41. Power to require decisions to be reconsidered

9. PART 8 ACCESS TO MEETINGS AND DOCUMENTS

   1. 42. Admission to meetings of councils

   2. 43. Access to agenda and connected reports

   3. 44. Inspection of minutes and other documents after meetings

   4. 45. Inspection of background papers

   5. 46. Application to committees and sub-committees

   6. 47. Audio recording of meetings

   7. 48. Additional rights of access to documents for members of councils

   8. 49. Councils to publish additional information

   9. 50. Supplemental provisions and offences

   10. 51. Exempt information and power to vary Schedule 6

   11. 52. Interpretation and application of this Part

10. PART 9 CONDUCT OF COUNCILLORS

    1. Code of conduct

       1. 53. Code of conduct

    2. Guidance

       1. 54. Guidance

    3. Investigations

       1. 55. Investigations

       2. 56. Investigations: further provisions

    4. Reports, etc.

       1. 57. Reports, etc.

       2. 58. Interim reports

    5. Decisions and recommendations

       1. 59. Decision following report

       2. 60. Decisions on interim reports

       3. 61. Recommendations

    6. Disclosure and registration of councillors’ interests, etc.

       1. 62. Disclosure and registration of councillors’ interests, etc.

    7. Miscellaneous

       1. 63. Extension of 1996 Order

       2. 64. Expenditure of Commissioner under this Act

       3. 65. Interpretation

11. PART 10 COMMUNITY PLANNING

    1. General

       1. 66. Community planning

       2. 67. Community planning partners

    2. Community plan

       1. 68. Production of community plan

       2. 69. Duty to review community plan

       3. 70. Review of community plan

       4. 71. Monitoring

       5. 72. Implementation

    3. Community involvement

       1. 73. Community involvement

    4. Miscellaneous

       1. 74. Guidance

       2. 75. Duties of departments in relation to community planning

       3. 76. Establishment of bodies corporate

       4. 77. Amendments of the Planning Act (Northern Ireland) 2011

       5. 78. Interpretation

12. PART 11 GENERAL POWERS OF COUNCILS

    1. 79. Council’s general power of competence

    2. 80. Boundaries of the general power

    3. 81. Limits on charging in exercise of general power

    4. 82. Powers to make supplemental provision

    5. 83. Limits on power conferred by section 82(1)

13. PART 12 PERFORMANCE IMPROVEMENT

    1. General duty

       1. 84. Improvement: general duty

    2. Improvement objectives

       1. 85. Improvement objectives

    3. Improvement: supplementary

       1. 86. Improvement: supplementary

       2. 87. Consultation on improvement duties

       3. 88. Appropriate arrangements under sections 84(1) and 85(2)

    4. Performance indicators and performance standards

       1. 89. Performance indicators and performance standards

    5. Improvement planning and information

       1. 90. Collection of information relating to performance

       2. 91. Use of performance information

       3. 92. Improvement planning and publication of improvement information

    6. Improvement audits and assessments

       1. 93. Improvement information and planning

       2. 94. Improvement assessments

       3. 95. Audit and assessment reports

       4. 96. Response to section 95 reports

       5. 97. Annual improvement reports

    7. Special inspections

       1. 98. Special inspections

       2. 99. Reports of special inspections

    8. Powers of direction, etc.

       1. 100. Powers of direction, etc.

    9. Supplementary

       1. 101. Power to modify statutory provisions and confer new powers

       2. 102. Application of certain local government audit provisions

14. PART 13 PARTNERSHIP PANEL

    1. 103. Partnership Panel

15. PART 14 SUPERVISION OF COUNCILS BY NORTHERN IRELAND DEPARTMENTS

    1. 104. Power of any Northern Ireland department to direct council to make reports etc.

    2. 105. Inquiries and investigations

    3. 106. Power of any Northern Ireland department to intervene in case of default by council

    4. 107. International obligations

16. PART 15 AMENDMENTS OF THE 2005 ORDER

    1. 108. The local government auditor

    2. 109. Power to repeal provisions relating to surcharge, etc.

    3. 110. Minor and consequential amendments

17. PART 16 MISCELLANEOUS

    1. Guidance

       1. 111. Guidance

    2. Rates

       1. 112. Transitional rate relief in consequence of changes in local government districts

       2. 113. Commencement of the Local Government (Boundaries) Order (Northern Ireland) 2012

    3. Transferred functions grant

       1. 114. Transferred functions grant

    4. Contracts and disposals

       1. 115. Exclusion of non-commercial considerations

       2. 116. Control of disposals and contracts of existing councils and their finances

    5. Payments for special purposes etc.

       1. 117. Payments for special purposes and public appeals

    6. Persons ceasing to hold office and unqualified person

       1. 118. Persons ceasing to hold office

       2. 119. Validity of acts done by unqualified person

    7. Power to dissolve Local Government Staff Commission

       1. 120. Power to dissolve the Local Government Staff Commission for Northern Ireland

    8. Insurance

       1. 121. Insurance against accidents to councillors

    9. Transfer schemes

       1. 122. Schemes for transfers of assets and liabilities

       2. 123. Compensation for loss of office or diminution of emoluments

    10. Provisions for the purposes of this Act and other purposes

        1. 124. Supplementary and transitional provisions for the purposes of this Act and other purposes

    11. Council websites

        1. 125. Council websites

    12. Supplementary

        1. 126. Interpretation

        2. 127. Regulations and orders

        3. 128. Minor and consequential amendments and repeals

        4. 129. Commencement

        5. 130. Short title

18. SCHEDULES

    1. SCHEDULE 1

       POSITIONS OF RESPONSIBILITY

       1. PART 1 FILLING POSITIONS OF RESPONSIBILITY BY NOMINATION

          1. Application of this Part

             1. 1. The following provisions of this Part apply unless at the...

          2. Selection of positions of responsibility etc. by nominating officers

             1. 2. (1) At the first annual meeting of a council after...

          3. The formula

             1. 3. (1) Subject to sub-paragraphs (2) and (3), the formula is—...

          4. Vacancies

             1. 4. (1) Where a position of responsibility becomes vacant before the...

          5. Selection of members at subsequent annual meetings

             1. 5. (1) At each subsequent annual meeting each nominating officer of...

          6. New positions of responsibility

             1. 6. (1) Where a new position of responsibility arises after the...

       2. PART 2 FILLING POSITIONS OF RESPONSIBILITY BY ELECTION

          1. Application of this Part

             1. 7. This Part applies only if the council so decides as...

          2. Election to positions of responsibility

             1. 8. At the first annual meeting of a council after a...

          3. Vacancies

             1. 9. Where a position of responsibility becomes vacant before the end...

          4. New positions of responsibility

             1. 10. Where a new position of responsibility arises after the annual...

          5. Method of election

             1. 11. (1) Elections under this Part must be by single transferable...

       3. PART 3 CHAIRS AND DEPUTY CHAIRS

          1. Chairs and deputy chairs of council and committees

             1. 12. (1) In relation to each council there must be—

          2. Chair of council continues until successor takes up office

             1. 13. (1) Until a successor takes up office the chair of...

          3. Chair of council ceases to hold office if absent from district

             1. 14. (1) The chair of a council who is continuously absent...

          4. Deputy chair of council

             1. 15. (1) Subject to any standing orders made by the council,...

       4. PART 4 GENERAL

          1. Interpretation

             1. 16. (1) In this Schedule— “1962 Act” means the Electoral Law...

          2. Cases where persons cease to hold positions of responsibility

             1. 17. (1) A person ceases to hold a position of responsibility...

    2. SCHEDULE 2

       APPOINTMENT OF COUNCILLORS TO COMMITTEES, ETC.

       1. Exclusion of positions of responsibility

          1. 1. Paragraphs 2 to 4 do not apply if Schedule 1...

       2. Appointment of councillors to committees

          1. 2. (1) Where a council appoints a committee—

       3. Quota

          1. 3. (1) The quota for the purposes of paragraph 2 must...

       4. Vacancies

          1. 4. Regulations may make provision in relation to the filling of...

       5. Appointment of more than one committee

          1. 5. Standing orders shall provide for the application of paragraphs 2...

       6. Joint committees

          1. 6. Regulations may provide for paragraphs 2 to 4 to apply...

    3. SCHEDULE 3

       DECLARATION ON APPOINTMENT TO COMMITTEE OF PERSON WHO IS NOT A COUNCILLOR

    4. SCHEDULE 4

       OVERVIEW AND SCRUTINY COMMITTEES: VOTING RIGHTS OF CO-OPTED MEMBERS

       1. Voting rights schemes

          1. 1. (1) A council may permit a co-opted member of an...

       2. Regulations

          1. 2. (1) The Department may by regulations make provision about the...

          2. 3. (1) A council which makes a scheme for the purposes...

    5. SCHEDULE 5

       MEETINGS AND PROCEEDINGS

       1. Annual meetings

          1. 1. (1) A council must hold an annual meeting in June...

       2. Other meetings for transaction of general business

          1. 2. The council may hold such other meetings as the council...

       3. Convening meetings

          1. 3. The chair may call a meeting of the council at...

       4. Requisition for meeting

          1. 4. (1) If a requisition from not less than five members...

       5. Notice of meeting and summons to attend

          1. 5. (1) At least three days before a meeting of the...

       6. Who presides at meetings

          1. 6. (1) The chair of the council, if present, must preside....

       7. Quorum

          1. 7. (1) Subject to sub-paragraph (2), no business may be transacted...

       8. Names of members present to be recorded

          1. 8. The names of the members present at a meeting of...

       9. Person authorised by the Department may attend meetings

          1. 9. A person who is authorised in writing by the Department...

       10. Minutes

           1. 10. (1) Minutes of the proceedings of a meeting of the...

       11. Vacancies, etc., not to invalidate proceedings

           1. 11. The proceedings of a council are not invalidated by—

       12. Committees, sub-committees and joint committees

           1. 12. Paragraphs 8 to 11 apply to a committee or sub-committee...

       13. Interpretation

           1. 13. In this Schedule— “election day”; and “local election year”, have...

    6. SCHEDULE 6

       ACCESS TO INFORMATION: EXEMPT INFORMATION

       1. PART 1 DESCRIPTIONS OF EXEMPT INFORMATION

          1. 1. Information relating to any individual.

          2. 2. Information which is likely to reveal the identity of an...

          3. 3. Information relating to the financial or business affairs of any...

          4. 4. Information relating to any consultations or negotiations, or contemplated consultations...

          5. 5. Information in relation to which a claim to legal professional...

          6. 6. Information which reveals that the council proposes—

          7. 7. Information relating to any action taken or to be taken...

       2. PART 2 QUALIFICATIONS

          1. 8. Information falling within paragraph 3 is not exempt information by...

          2. 9. Information which— (a) falls within any of paragraphs 1 to...

       3. PART 3 INTERPRETATION

          1. 10. (1) In this Schedule— “employee” means a person employed under...

    7. SCHEDULE 7

       MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO LOCAL GOVERNMENT AUDIT

       1. Local Government (Northern Ireland) Order 2005 (NI 18)

          1. 1. In Article 3 (audit of accounts of councils, etc.), in...

          2. 2. (1) Amend Article 5 (code of audit practice) as follows....

          3. 3. (1) Amend Article 6 (general duties of local government auditors)...

          4. 4. (1) Amend Article 7 (auditors’ right to documents and information)...

          5. 5. In Article 8 (audit fees) for “local government auditors such...

          6. 6. (1) In Article 9 (immediate and other reports in the...

          7. 7. (1) Amend Article 10 (general report) as follows.

          8. 8. (1) Amend Article 11 (transmission and consideration of Article 9...

          9. 9. (1) Amend Article 12 (consideration of reports or recommendations) as...

          10. 10. (1) Amend Article 13 (publicity for meeting under Article 12)...

          11. 11. (1) Amend Article 14 (additional publicity for immediate report) as...

          12. 12. (1) Amend Article 15 (additional publicity for non-immediate report) as...

          13. 13. (1) Amend Article 16 (inspection of statements of accounts and...

          14. 14. In Article 17 (inspection of documents and questions at audit),...

          15. 15. (1) Amend Article 18 (right to make objections at audit)...

          16. 16. (1) Amend Article 21 (power of auditor to apply for...

          17. 17. In Article 22 (extraordinary audits and inspections), in paragraph (1)...

          18. 18. In Article 23 (provision for the audit of accounts of...

          19. 19. (1) Amend Article 25 (certification of claims, returns, etc.) as...

          20. 20. (1) Amend Article 26 (studies for improving economy, efficiency and...

          21. 21. (1) Amend Article 27 (restriction on disclosure of information) as...

    8. SCHEDULE 8

       TRANSFER SCHEMES

       1. Transfer of assets and liabilities

          1. 1. (1) A scheme— (a) may provide for the transfer of...

       2. Transfer of staff

          1. 2. (1) This paragraph applies if rights and liabilities under a...

       3. Continuity

          1. 3. (1) In any statutory provision or document—

    9. SCHEDULE 9

       MINOR AND CONSEQUENTIAL AMENDMENTS: GENERAL

       1. Local Government Act (Northern Ireland) 1972 (c.9)

          1. 1. In section 9 (vacation of office on account of non-attendance)—...

          2. 2. In section 42 (councillors not to be appointed officers)—

          3. 3. In section 143 (orders and regulations), for “115(2A)” substitute “4(1)(a)...

          4. 4. In Part 1 of Schedule 1 (declaration of councillor on...

       2. Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)

          1. 5. In Article 2(2) (interpretation), in the definition of “joint committee”...

       3. Local Government (Northern Ireland) Order 2005 (NI 18)

          1. 6. (1) In Article 12(7) (consideration of reports or recommendations), for...

       4. Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010 (c.7)

          1. 7. In section 17 (power to modify legislation), in subsection (2)...

       5. Planning Act (Northern Ireland) 2011 (c. 25)

          1. 8. In section 79(4) (land belonging to councils and development by...

    10. SCHEDULE 10

        REPEALS