The Local Government (Transitional, Supplementary, Incidental Provisions and Modifications) Regulations (Northern Ireland) 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make transitional provision with respect to local government reorganisation and, in particular, the eleven new councils to be established under the Local Government Act (Northern Ireland) 1972, as amended by the Local Government (Boundaries) Act (Northern Ireland) 2008. The new councils will come into existence on 26th May 2014, following the election on 22nd May, and will take over full responsibility for local government on 1st April 2015 when the 26 current councils will cease to exist. These Regulations cover that period and the initial period after 1st April 2015.

Regulation 2 vests functions and powers in the new councils to enable them to prepare for the assumption of their full functions and to ensure continuity in performance after 1st April 2015.

Regulation 3 makes transitional provision with respect to the making of new bye-laws.

Regulation 4 imposes a duty upon existing councils to provide new councils with assistance and information where so requested.

Regulation 5 provides for the application of the Northern Ireland Local Government Code of Conduct for Councillors to councillors of, and persons appointed by, the existing councils as well as councillors of the new councils.

Regulation 6 makes transitional provision with respect to positions of responsibility within the new councils.

Regulation 7 provides for a new council to include the provisions of Schedule 3 to the Regulations in its standing orders.

Regulation 8 provides for new councils to obtain, upon request, relevant recorded information held by Northern Ireland departments.

Regulation 9 provides for continuity in the exercise of functions between existing and new councils after 1st April 2015.

Regulation 10 makes provision with respect to the minutes of the final meetings of existing councils, their committees and sub-committees, and joint committees of existing councils together with sub-committees of such committees.

Regulation 11 provides for the new councils to take responsibility for the winding up of their predecessor councils following 1st April 2015, including the production of the predecessor councils’ final accounts for the financial year 2014/15.

Regulation 12 provides for the final statement of accounts of a statutory transition committee to be signed off by the new council in relation to which that committee were established.

Schedule 1 disapplies provisions of existing local government legislation in respect of the new councils during the transitional period.

Schedule 2 disapplies provisions of local government legislation in respect of the existing councils during the transitional period.

Schedule 3 specifies decisions that will be subject to reconsideration on the grounds that they may result in disproportionate adverse impact upon any section of the inhabitants of the district and provides for procedures relating to the appointment of councillors to more than one committee at the same meeting to be included in a new council’s standing orders.