Local Government Act (Northern Ireland) 1972

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

[F1 (1) Subject to subsections (2) [F2 to (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 [F3 31 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.

[F4 (4) Any period during which a councillor is suspended or partially suspended under Part 9 of the Local Government Act (Northern Ireland) 2014[F5 , or suspended under section 31(4) of the Elections Act 2022,] 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).]

F1 1995 NI 5

F2 Words in s. 9(1) substituted (2.6.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), s. 129, Sch. 9 para. 1(a) (with s. 124(4)); S.R. 2014/153, art. 2, Sch. 1

F3 Words in s. 9(2)(b) substituted (1.4.2012) by Local Government Finance Act (Northern Ireland) 2011 (c. 10), ss. 45, 47(2), Sch. 1 para. 1; S.R. 2011/306, art. 2(3)

F4 S. 9(4) added (2.6.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), s. 129, Sch. 9 para. 1(b) (with s. 124(4)); S.R. 2014/153, art. 2, Sch. 1

F5 Words in s. 9(4) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 3(2); S.I. 2023/1145, reg. 3(k)