1992 No. 810 (N.I. 6)
The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992
16th March 1992

PART I INTRODUCTORY

1 Title and commencement
1 This Order may be cited as the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992.
2 This Order shall come into operation on the expiration of 2 months from the day on which it is made.

2 Interpretation
1 The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
1954 c. 33 (NI)
2 In this Order—
“the Department” means the Department of the Environment;
“the principal Act” means the Local Government Act (Northern Ireland) 1972 .
3 Expressions used in this Order and in the principal Act have the same meaning in this Order as in that Act.
1972 c. 9 (NI)

Part II (arts. 3‐17) rep. by 2002 c. 4 (NI)

PART III PUBLIC SUPPLY OR WORKS CONTRACTS

18 Interpretation
In this Part—
“approved list” means such a list as is mentioned in Article 19(3)(a);
“associated body”, in relation to a contractor, means any company which. . . is the contractor's holding company or subsidiary or is a subsidiary of the contractor's holding company;
“business” includes any trade or profession;
“business activities” and “business interests”, in relation to a contractor or other person, mean respectively any activities comprised in, or any investments employed in or attributable to, the carrying on of his business and “activity” includes receiving the benefit of the performance of any contract;
“contractor”, except in relation to a subsisting contract, means a “potential contractor”, that is to say—
(a) in relation to functions as respects an approved list, any person who is or seeks to be included in the list; and
(b) in relation to functions as respects a proposed public supply or works contract, any person who is or seeks to be included in the group of persons from whom tenders are invited or who seeks to submit a tender for or enter into the proposed contract, as the case may be;
“employers' association” has the same meaning as in the Industrial Relations (Northern Ireland) Order 1992;
“exclusion” includes removal;
“Government policy” falls within “irrelevant fields” for the purposes of Article 19 if it concerns matters of defence or foreign or Commonwealth policy and “involve”, as regards business activities and any such field of policy, includes the supply of goods or materials or services to, or the execution of works for, any authority or person having functions or carrying on business in that field and, as regards business interests and any such field of policy, includes investment in any authority or person whose business activities are so involved;
“holding company” and “subsidiary” have the same meaning as in the Companies Acts (see section 1159 of the Companies Act 2006);
“industrial dispute” has the same meaning as trade dispute in the Article 127 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 and “involve”, as regards business activities and an industrial dispute, includes the supply of goods, materials or services to or by, or the execution of works for or by, any party to the dispute, any other person affected by the dispute, or any authority concerned with the enforcement of law and order in relation to the dispute;
“political, industrial or sectarian affiliations or interests” means actual or potential membership of, or actual or potential support for, respectively, any political party, any employers' association or trade union or any society, fraternity or other association;
“suppliers or customers” and “sub-contractors” includes prospective suppliers or customers and sub-contractors; and “supplier”, in relation to a contractor, includes any person who, in the course of business, supplies him with services or facilities of any description for the purposes of his business;
“trade union” has the same meaning as in the Industrial Relations (Northern Ireland) Order 1992.
Art. 18: words in the definition of "associated body" omitted (1.10.2009) by virtue of Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 137(a) (with art. 10)
1996 NI 16
Art. 18: definitions of "holding company" and "subsidiary" inserted (1.10.2009) by Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 137(b) (with art. 10)

19 District council contracts: exclusion of non-commercial considerations
1 Subject to Articles 20, 20A and 21(1), every council shall, in exercising, in relation to its public supply or works contracts, any proposed or any subsisting such contract, as the case may be, any function regulated by this Article, exercise that function without reference to matters which are non-commercial matters for the purposes of this Article.
1997 NI 6
2 The contracts which are public supply or works contracts for the purposes of this Article are contracts for the supply of goods or materials, for the supply of services or for the execution of works; but this Article does not apply in relation to contracts entered into before the coming into operation of this Article.
3 The functions regulated by this Article are—
(a) the inclusion of persons in or the exclusion of persons from—
(i) any list of persons approved for the purposes of public supply or works contracts with the council, or
(ii) any list of persons from whom tenders for such contracts may be invited;
(b) in relation to a proposed public supply or works contract with the council—
(i) the inclusion of persons in or the exclusion of persons from the group of persons from whom tenders are invited,
(ii) the accepting or not accepting the submission of tenders for the contract,
(iii) the selecting of the person with whom to enter into the contract, or
(iv) the giving or withholding approval for, or the selecting or nominating, persons to be sub-contractors for the purposes of the contract; and
(c) in relation to a subsisting public supply or works contract with the council—
(i) the giving or withholding approval for, or the selecting or nominating, persons to be sub-contractors for the purposes of the contract, or
(ii) the termination of the contract.
4 The following matters are non-commercial matters as regards the public supply or works contracts of a council, any proposed or any subsisting such contract, as the case may be, that is to say—
(a) the terms and conditions of employment by contractors of their workers or the composition of, the arrangements for the promotion, transfer or training of or the other opportunities afforded to, their workforces;
Art. 19(4)(a) modified (4.7.2012) by Local Government Best Value (Exclusion of Non-commercial Considerations) Order (Northern Ireland) 2012 (S.R. 2012/271), arts. 1, 2
(b) whether the terms on which contractors contract with their sub-contractors constitute, in the case of contracts with individuals, contracts for the provision by them as self-employed persons of their services only;
(c) any involvement of the business activities or interests of contractors with irrelevant fields of Government policy;
(d) the conduct of contractors or workers in industrial disputes between them or any involvement of the business activities of contractors in industrial disputes between other persons;
Art. 19(4)(d) modified (4.7.2012) by Local Government Best Value (Exclusion of Non-commercial Considerations) Order (Northern Ireland) 2012 (S.R. 2012/271), arts. 1, 2
(e) the country or territory of origin of supplies to, or the location in any country or territory of the business activities or interests of, contractors;
(f) any political, industrial or sectarian affiliations or interests of contractors or their directors, partners or employees;
(g) financial support or lack of financial support by contractors for any institution to or from which the council gives or withholds support.
5 The matters specified in paragraph (4) include matters which have occurred in the past as well as matters which subsist when the function in question falls to be exercised.
6 Where any matter referable to a contractor would, as a matter specified in paragraph (4), be a non-commercial matter in relation to him, the corresponding matter referable to—
(a) a supplier or customer of the contractor;
(b) a sub-contractor of the contractor or his supplier or customer;
(c) an associated body of the contractor or his supplier or customer; or
(d) a sub-contractor of an associated body of the contractor or his supplier or customer;
is also, in relation to the contractor, a non-commercial matter for the purposes of this Article.
7 The Department may by order provide, in relation to councils, for a specified matter to cease to be a non-commercial matter for the purposes of this Article.
Art. 19(7)-(9) added (1.2.2015) by Local Government Act (Northern Ireland) 2014 (c. 8), ss. 115, 129 (with s. 124(4)); S.R. 2015/28, art. 2(b)
8 An order under paragraph (7) may—
(a) provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent;
(b) apply in relation to specified councils, functions or contracts;
(c) amend a statutory provision;
(d) include supplementary, incidental, consequential and transitional provisions.
9 No order shall be made under paragraph (7) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

20 Fair employment matters
1 A council which takes any action to comply with Article 64 of the Fair Employment and Treatment (Northern Ireland) Order 1998 (restriction on execution of works, etc., by unqualified persons) does not exercise any function regulated by Article 19 by reference to a non-commercial matter.
1998 NI 21
2 Subject to paragraph (3), nothing in Article 19 shall preclude a council from—
(a) asking questions or seeking undertakings of any person relating to whether any person is or is not an unqualified person for the purposes of Article 64 of that Order of 1998 and considering the responses to them, or
(b) including in a draft contract or draft tender for a contract terms or provisions requiring that the person or persons who are to carry out work under the draft contract or draft tender are to be considered not to be unqualified for the purposes of that Article 64 and considering the responses to them,
if, as the case may be, consideration of the information, the giving of the undertaking or the inclusion of the terms or provision is reasonably necessary to secure compliance with that Article 64.
3 Paragraph (2) does not apply to the function of terminating a subsisting contract and, in relation to functions as respects approved lists or proposed contracts, does not authorise questions in other than written form.
4 Where it is permissible under paragraph (2) to ask a question it is also permissible to make, if it is in writing, a request for—
(a) evidence in support of an answer to the question; or
(b) information as to whether any person is or is not unqualified for the purpose of Article 64 of that Order of 1998.
5 In this Article “unqualified” has the same meaning as in Articles 62 and 63 of the Fair Employment and Treatment (Northern Ireland) Order 1998.

20A Race relations matters
1 Except to the extent permitted by paragraph (2) Article 67 of the Race Relations (Northern Ireland) Order 1997 (councils to have regard to need to eliminate unlawful racial discrimination and promote equality of opportunity, and good relations, between persons of different racial groups) shall not require or authorise a council to exercise any function regulated by Article 19 by reference to a non-commercial matter.
2 Subject to paragraph (3), nothing in Article 19 shall preclude a council from—
(a) asking approved questions seeking information or undertakings relating to workforce matters and considering the responses to them, or
(b) including in a draft contract or draft tender for a contract terms or provisions relating to workforce matters and considering the responses to them,
if, as the case may be, consideration of the information, the giving of the undertaking or the inclusion of the term is reasonably necessary to secure compliance with Article 67 of the 1997 Order.
3 Paragraph (2) does not apply to the function of terminating a subsisting contract and, in relation to functions as respects approved lists or proposed contracts, does not authorise questions in other than written form.
4 Where it is permissible under paragraph (2) to ask a question it is also permissible to make, if it is in writing, an approved request for evidence in support of an answer to the question.
5 The Department may specify—
(a) questions which are to be approved questions for the purposes of this Article; and
(b) descriptions of evidence which, in relation to approved questions, are to be approved descriptions of evidence for those purposes.
6 Any specification under paragraph (5)—
(a) shall be in writing; and
(b) may include such transitional and consequential provisions as appear to the Department to be necessary or expedient.
7 In this Article—
“approved question” means a question for the time being specified by the Department under paragraph (5);
“approved request for evidence” means a request for evidence of a description for the time being specified by the Department under paragraph (5) in relation to an approved question;
“workforce matters” means matters falling within sub-paragraph (a), but no other sub-paragraph, of Article 19(4).
1997 NI 6

21 Provisions supplementary to or consequential on Article 19
1 The Department, for the purposes of Article 19, may by order—
(a) specify as a non-commercial matter any other matter which appears to the Department to be irrelevant to the commercial purposes of public supply or works contracts of any description;
(b) specify the criteria to be applied by a council in drawing up an approved list;
(c) specify questions relating to non-commercial matters which may be included in questionnaires circulated by councils to potential contractors in such cases as may be specified in the order.
2 The power conferred by paragraph (1) includes power to apply Article 19(5) and (6) to any matter specified in the order and to amend any definition in Article 18 of an expression used in any sub-paragraph of Article 19(4) without making any other provision.
3 An order under paragraph (1) may include such consequential and transitional provisions as appear to the Department to be necessary or expedient.
4 No order under paragraph (1) shall be made unless a draft of it has been laid before and approved by a resolution of the Assembly.
5 Article 19 applies to a council where, in exercising functions regulated by that Article, the council is, as well as where it is not, acting on behalf of a government department.
6 The duty imposed by Article 19(1) does not create a criminal offence but—
(a) in proceedings for judicial review, the persons who have a sufficient interest in the matter shall include any potential contractor or, in the case of a contract which has been made, former potential contractor (or, in any case, any body representing contractors), as such; and
(b) a failure to comply with it is actionable by any person who, in consequence, suffers loss or damage.
7 In any action under Article 19(1) by a person who has submitted a tender for a proposed public supply or works contract arising out of the exercise of functions in relation to the proposed contract the damages shall be limited to damages in respect of expenditure reasonably incurred by him for the purpose of submitting the tender.
8 Nothing in paragraph (1) or Article 19 implies that the exercise of any function regulated by that Article may not be impugned, in proceedings for judicial review, on the ground that it was exercised by reference to other matters than those which are non-commercial matters for the purposes of that Article.

22 Duty of councils to give reasons for certain decisions within Article 19
1 Where a council exercises a function regulated by Article 19 by making, in relation to any person, a decision to which this Article applies, the council shall forthwith notify that person of the decision and, if that person so requests in writing within 15 days from the date of the notice, furnish him with a written statement of the reasons for the decision within 15 days from the date of the request.
2 This Article applies to the following decisions in relation to any person, namely—
(a) in relation to an approved list, a decision to exclude him from the list,
(b) in relation to a proposed public supply or works contract—
(i) where he has asked to be invited to tender for the contract, a decision not to invite him to tender,
(ii) a decision not to accept the submission by him of a tender for the contract,
(iii) where he has submitted a tender for the contract, a decision not to enter into the contract with him, or
(iv) a decision to withhold approval for, or to select or nominate, persons to be sub-contractors for the purposes of the contract, or
(c) in relation to a subsisting public supply or works contract with him—
(i) a decision to withhold approval for, or to select or nominate, persons to be sub-contractors for the purposes of the contract, or
(ii) a decision to terminate the contract.
3 The Department may by order subject to negative resolution amend paragraph (1) so as to substitute for any period specified in that paragraph such other period as the Department thinks fit.

23 Transitional duty of councils as regards existing lists
1 Subject to paragraph (3), a council which, at the coming into operation of this Article, maintains an approved list shall—
(a) consider whether persons have been included in or excluded from the list by reference to non-commercial matters, and
(b) if it appears to the council that that is the case, compile the list afresh in accordance with paragraphs (4) to (6).
2 Persons shall be treated by a council as having been excluded from a list by reference to non-commercial matters if, in relation to the list, the council has—
(a) notified potential contractors of its intention to have regard to non-commercial matters, or
(b) issued statements of policy framed by reference to non-commercial matters.
3 Inclusion or exclusion by a council from its list by reference to a non-commercial matter does not give rise to the duty to compile the list afresh under paragraph (1) if that matter relates only to the question as to whether or not any person is unqualified for the purpose of section 41 of the Fair Employment (Northern Ireland) Act 1989 and the council's action was reasonably necessary to secure compliance with that section.
1989 c. 32
4 The duty of a council to compile afresh an approved list shall be discharged as follows—
(a) the council shall publish notice of its intention to compile the list afresh and (by the notice) invite persons to apply, within a specified period, to be included in the list; and
(b) at the end of that period the council shall proceed to compile the list afresh from among the applicants in accordance with the duty imposed by Article 19.
5 Publication by a council of the notice required by paragraph (4) shall be effected by causing the notice to be published—
(a) in at least 2 newspapers circulating in the district of the council; and
(b) in at least one newspaper or journal circulating among such persons as undertake contracts of the description to which the list relates.
6 The period specified in the notice under paragraph (4) as the period within which applications are to be made shall not be shorter than the period of 28 days from the date of publication of the notice.
7 The duty imposed by this Article shall be discharged by a council as soon as is reasonably practicable after this Article comes into operation and in any event within the expiration of 3 months from the day on which this Article comes into operation.
8 This Article does not create a criminal offence but sub-paragraph (a) of Article 21(6) applies for the purposes of the duty imposed by this Article as it applies for the purposes of the duty imposed by Article 19(1).

24 Exclusion of charges for inclusion in approved list
1 A council which maintains an approved list shall not require a person to pay any sum as a condition of his inclusion or continued inclusion in the list or of his being considered for such inclusion.
2 Paragraph (1) does not create an offence but a contravention of it is actionable by the person seeking to be included or retained in the list.

PART IV MISCELLANEOUS

25 Directions to councils
1 The Department may give directions of a general or specific nature to councils as to the manner in which the councils are to discharge their functions under Parts II and III, and councils shall act in accordance with those directions.
2 Any directions given to councils by the Department under this Article may be varied or revoked by subsequent directions so given.

26 Emergency financial assistance to councils
1 In any case where—
(a) an emergency or disaster occurs involving destruction of or danger to life or property, and
(b) as a result, one or more councils incur expenditure on, or in connection with, the taking of immediate action (whether by the carrying out of works or otherwise) to safeguard life or property, or to prevent suffering or severe inconvenience, in its district or among its inhabitants,
the Department may establish a scheme under this Article for the giving of financial assistance to those councils in respect of that expenditure.
2 Financial assistance given pursuant to a scheme under this Article shall take the form of grants paid by the Department with the consent of the Department of Finance and Personnel and, subject to that, the terms and conditions of a scheme shall be such as the Department considers appropriate to the circumstances of the particular emergency or disaster concerned.
3 Without prejudice to the generality of paragraph (2), a scheme under this Article may—
(a) make the payment of grants conditional upon the making of claims of a description specified in the scheme;
(b) make provision with respect to the expenditure qualifying for grant and the rates and amounts of grants; and
(c) make provision in certain specified circumstances for the repayment of any grant, in whole or in part.

27 Promotion of safety in the home
1 A council may promote safety in the home by publishing or making arrangements for otherwise giving information or advice relating to the prevention of accidents in the home.
2 A council may contribute to the funds of any voluntary body whose activities consist of or include the promotion of safety in the home.
Art. 28 rep. by 2002 NI 3

PART V AMENDMENT AND REPEAL OF PROVISIONS RELATING TO DISTRICT COUNCILS

Miscellaneous amendments of the principal Act

29 Northern Ireland code of local government conduct
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 29(1) repealed (1.4.2015) by Local Government Act (Northern Ireland) 2014 (c. 8), s. 129, Sch. 10 (with s. 124(4)); S.R. 2015/209, art. 2, Sch. 1
2 In Part I of Schedule 1 to the principal Act (declaration of councillor) at the end of the declaration there shall be added—

“I affirm that I have read and will be guided by the Northern Ireland code of local government conduct in the performance of my functions as a councillor.”

.

30 Declaration of vacancy in office
In section 10(a) of the principal Act (declaration of vacancy in office in certain cases) after “conviction” there shall be inserted “or of a determination by the High Court that he has acted in breach of the terms of a declaration against terrorism as defined in section 7 of the Elected Authorities (Northern Ireland) Act 1989,”.

31 Election of chairman or vice-chairman
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arts. 31-33 repealed (1.4.2015) by Local Government Act (Northern Ireland) 2014 (c. 8), s. 129, Sch. 10 (with s. 124(4)); S.R. 2015/209, art. 2, Sch. 1

32 Voting rights of members of committees, sub-committees and joint committees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33 Procedural standing orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34 Consultation with district councils
In section 40(3)(i) of the principal Act (appointment of the Staff Commission after consultation with councils) after “such” in the first place where it occurs there shall be inserted “councils and”.

35 Appointment and management of officers
1 In section 40 of the principal Act (the Staff Commission)—
(a) in subsection (3)(b) for “twelve” there shall be substituted “fourteen”;
(b) after subsection (4)(b) there shall be inserted—

“(bb) monitoring the fair employment practices of councils and their compliance with statutory requirements in relation to fair employment;”

;
(c) after subsection (4)(c) there shall be inserted—

“(cc) establishing and issuing a code of recommended practice as regards the conduct of officers of councils;”

.
2 In section 41 of the principal Act (appointment and qualification of officers)—
(a) after subsection (3) there shall be inserted—

“(3A) Without prejudice to any code of procedure established by the Staff Commission, a council shall not appoint any officer unless the vacancy in the office is advertised in such manner as may be prescribed.”

;
(b) in subsection (8)—
(i) after paragraph (a) there shall be inserted—

“(aa) may make provision with respect to the co-ordination of the provision of the service provided by the officers of that class so employed within the districts of the council by which the officers are employed and the other council or councils”

;
(ii) at the end of paragraph (b) for “and” there shall be substituted—

“(bb) may provide that the other council or councils shall not appoint officers of that class; and”

;
(iii) the words from “and where such an order” onwards shall be omitted;
(c) after subsection (8) there shall be inserted—

“(8A) If the Department is satisfied that it is expedient that officers of any class should not be employed by one of the councils on behalf of both or all of them, the Department may make an order—
(a) transferring officers of that class from the council by which they are employed to such other council or councils as is specified in or determined under the order;
(b) making provision for the protection of the interests of every officer so transferred;
(c) providing for the expenses incurred in connection with the transfer of the employment of the officers to be defrayed by the councils in such proportion as they may agree upon or, in case of disagreement, as may be determined by the Department; and
(d) making such incidental and supplemental provision as the Department thinks fit.
(8B) In subsection (8)(aa) “co-ordination” includes—
(a) advising the council by which the officers are employed and the other council or councils on the establishment of the service provided by the officers of that class, including the number of officers to be employed and the qualifications of such officers;
(b) making provision for training of such officers;
(c) issuing advisory circulars and guidelines with respect to statutory provisions or standards of inspection or advising on such circulars and guidelines issued by the Department or district councils;
(d) recording and reporting statistical data and on the enforcement of statutory provisions;
(e) reporting annually to the Department and to the council by which the officers are employed and the other council or councils;
(f) for the purpose of reaching agreement as mentioned in subsection (8)(b), making recommendations with respect to the apportionment of the expenses of the council by which the officers are employed in connection with the service provided by officers of that class; and
(g) such other functions or activities as the Department may provide in the order under subsection (8).”

.

36 Public inspection of accounts and documents and right of challenge
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 36(1)(2) 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)
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 36(3) repealed (1.4.2015) by Local Government Act (Northern Ireland) 2014 (c. 8), s. 129, Sch. 10 (with s. 124(4)); S.R. 2015/209, art. 2, Sch. 1

37 Auditor's report
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 37 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)

38 Power of auditor to issue prohibition order
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 38 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)

39 Enforcement of bye-laws by constables
In section 93(1) of the principal Act (enforcement of bye-laws) after “behalf” there shall be inserted “or a constable”.

40 Expenditure for special purposes
In section 115 of the principal Act (expenditure for special purposes)—
(a) in subsection (1)—
(i) after “interests” there shall be inserted “of, and will bring direct benefit to”;
(ii) in paragraph (a) “of” shall be omitted;
(iii) in paragraph (b) “of” shall be omitted in the first and second place where it occurs;
(iv) in paragraph (c) “of” shall be omitted in the first and third place where it occurs;
(b) in subsection (3)—
(i) after “section” there shall be inserted “(a)”;
(ii) at the end there shall be inserted

“or
(b) unless the direct benefit accruing to its district or any part of its district or to the inhabitants of its district or any part of its district will be commensurate with the payments to be made.”

;
(c) after subsection (3) there shall be added—

“(4) In any case where—
(a) by virtue of paragraph (a) of subsection (3) a council is prohibited from making any payment for a particular purpose; and
(b) the power or duty of the council to make any payment for that purpose is in any respect limited or conditional (whether by being restricted to a particular group of persons or in any other way),
the prohibition in that paragraph shall extend to all payments to which that power or duty would apply if it were not subject to any limitation or condition.
(5) A council may make a payment under subsection (1) on publicity only by way of assistance to a public body or a voluntary body where the publicity is incidental to the main purpose for which the assistance is given.”

.

41 Prohibition of political publicity
1 After section 115 of the principal Act there shall be inserted—

“Publicity

115A Prohibition of political publicity.
1 A council shall not publish any material which, in whole or in part, appears to be designed to affect public support for a political party.
2 In determining whether material falls within the prohibition regard shall be had to the content and style of the material, the time and other circumstances of publication and the likely effect on those to whom it is directed and, in particular, to the following matters—
(a) whether the material refers to a political party or to persons identified with a political party or promotes or opposes a point of view on a question of political controversy which is identifiable as the view of one political party and not of another;
(b) where the material is part of a campaign, the effect which the campaign appears to be designed to achieve.
3 A council shall not give financial or other assistance to a person for the publication of material which the council is prohibited by this section from publishing itself.

115B Codes of recommended practice as regards publicity.
1 The Department may issue one or more codes of recommended practice as regards the content, style, distribution and cost of council publicity, and such other related matters as it thinks appropriate, and councils shall have regard to the provisions of any such code in coming to any decision on publicity.
2 The Department may revise or withdraw a code issued under this section.
3 The Department shall before issuing, revising or withdrawing a code consult such councils, such associations or bodies representative of councils and such other associations or public bodies, as appear to the Department to be desirable.
4 A code shall not be issued or revised unless a draft of it has been laid before and approved by a resolution of the Assembly.

115C Separate account of expenditure on publicity.
1 A council shall keep a separate account of its expenditure on publicity.
2 Any person interested may at any reasonable time and without payment inspect the account and make copies of it or any part of it.
3 A person having custody of the account who intentionally obstructs a person in the exercise of the rights conferred by subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4 The Department may by order provide that subsection (1) does not apply to publicity or expenditure of a prescribed description.
5 Before making an order under subsection (4) the Department shall consult such councils, such associations or bodies representative of councils and such other associations or public bodies as appear to the Department to be desirable.

115D Sections 115A to 115C: supplementary provisions.
1 Sections 115A to 115C apply to any publicity expressly or impliedly authorised by any statutory provision, including sections 107 to 110 and 115.
2 Nothing in sections 115A to 115C shall be construed as applying to anything done by a council in the discharge of its duties under sections 23 to 27.”

.
2 In section 107 of the principal Act (contributions for development of trade, tourism and cultural activities)—
(a) at the beginning there shall be inserted “(1)”;
(b) at the end there shall be added—

“2 A council may contribute under subsection (1)(a) towards the expenses of a voluntary body incurred on publicity only where the publicity is incidental to the main purpose for which the contribution is given.”

.
3 In section 108 of the principal Act (contributions to other voluntary bodies)—
(a) at the beginning there shall be inserted “(1)”;
(b) at the end there shall be added—

“2 A council may contribute under subsection (1) towards the funds of a voluntary body in respect of publicity only where the publicity is incidental to the main purpose for which the contribution is given.”

.
4 In section 110 of the principal Act (information centres) for “local government matters affecting the district” there shall be substituted “matters relating to the functions of the council”.
5 After section 148(3) of the principal Act (general interpretation) there shall be inserted—

“(4) For the purposes of this Act references to “publicity”, “publish” and “publication” are references to any communication, in whatever form, addressed to the public at large or to a section of the public.”

.

42 The Staff Commission
In Schedule 3 to the principal Act (the Staff Commission) after paragraph 2 there shall be inserted—

“2A
The Staff Commission may make payments to its members for, or in relation to anything done in connection with, service as members of the Staff Commission and such payments shall be of an amount or rate to be determined by the Department with the approval of the Department of Finance and Personnel but not exceeding the amount or rate specified in or determined under the regulations under section 36(1).”

.

43 Local Government Boundaries Commissioner
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 43 repealed (17.5.2006) by Local Government (Boundaries) (Northern Ireland) Order 2006 (S.I. 2006/1253 (N.I. 8)), arts. 1(2), 5(5), Sch. 2

44 Joint Committees
In Schedule 7 to the principal Act (provisions applied to Joint Committees) the following entries shall be inserted at the appropriate place in numerical order—
22(2)‐(4)	Duty to adopt certain procedural standing orders.
77A	Confidentiality of officers' records.
107	Contributions for development of trade, tourism, and curtural activities.
108	Contributions to other voluntary bodies.
110	Information centres.
115	Expenditure for special purposes.
115A	Probition of political pubilicity.
115B	Codes of recommended practice as regards publicity.
115C	Seperate account of expenditure on publicity.
115D	Sections 115A to 115C: supplementary provisions.

45 Repeal of certain provisions
The following provisions of the principal Act shall cease to have effect—
section 89 (laying of summary accounts before the Assembly);
in section 129(1) (default of council) the words “after causing a local or other inquiry to be held or an investigation to be made”.

Miscellaneous amendments of other statutory provisions

46 Burial grounds
In section 172 of the Public Health (Ireland) Act 1878 (meeting to determine whether burial ground shall be provided) the word “special” shall cease to have effect.
1978 c. 52

47 Term of office of members of district councils and casual vacancies
1 Section 11 of the Electoral Law Act (Northern Ireland) 1962 (election and term of office of members of district councils) shall have effect subject to the following provisions of this Article.
1962 c. 14 (NI)
2 In subsection (2)(b) and (c) for “day next after” there shall be substituted “fourth day after”.
3 For subsection (5) there shall be substituted—

“(5) A casual vacancy shall be deemed to have occurred—
(a) if it is a vacancy to which subsection (4)(a) or (b) applies, when and so soon as the Chief Electoral Officer is satisfied that the vacancy exists; or
(b) if it is a vacancy to which subsection (4)(c) applies, on the date of the determination;
and it shall be the duty of the clerk of a district council within 7 days of any matter concerning a casual vacancy coming to his knowledge to report it to the Chief Electoral Officer.”

.
Art. 48 rep. by 2002 NI 3
Art. 49 rep. by 2002 NI 3

50 Physiotherapists and chiropodists practising acupuncture
1 Article 13 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (acupuncture) shall have effect subject to the provisions of this Article.
1985 NI 15
2 In paragraph (8) after “dentist” there shall be inserted “or a chartered physiotherapist or a state registered physiotherapist or a state registered chiropodist”.
3 At the end of paragraph (8) there shall be added—

“9 In this Article—
“chartered physiotherapist” means a member of the Chartered Society of Physiotherapy;
“state registered physiotherapist” means a person registered as a physiotherapist under section 2 of the Professions Supplementary to Medicine Act 1960;
“state registered chiropodist” means a person registered as a chiropodist under section 2 of that Act of 1960.”

.

51 Supply of computer software
1 Article 20 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (use of spare capacity of computers of council) shall have effect subject to the following provisions of this Article.
2 After paragraph (1) there shall be inserted—

“1A If a council has developed software for the purpose mentioned in paragraph (1) the council may enter into agreements with other persons for the supply by the council of the software.”

.
3 In paragraph (2) after “services” shall be inserted “or supply the software”.
4 In paragraph (3) at the end there shall be added

“and
“software” means instructions required by a computer to perform intended tasks.”

.

52 Entertainments licence
1 Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (licensing of places of entertainment) shall have effect subject to the provisions of this Article.
2 After paragraph 7 there shall be inserted—

“7A
An applicant for the variation of the terms, conditions or restrictions on or subject to which an entertainments licence is held shall pay such fee as the Department may determine.”

.
3 In paragraph 10(4)(a) for “Registration of Clubs Act (Northern Ireland) 1967” there shall be substituted “Registration of Clubs (Northern Ireland) Order 1987”.

Article 53—Repeals

SCHEDULES
Schedule 1 rep. by 2002 c. 4 (NI)
Schedule 2—Repeals