Legalize / United Kingdom / Northern Ireland / Act of the Northern Ireland Assembly

Local Government Act (Northern Ireland) 2014

Type Act of the Northern Ireland Assembly

Publication 2014-05-12

Last updated 2024-06-25

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

“newspaper” includes—a news agency which systematically carries on the business of selling and supplying reports or information to newspapers; andany organisation which is systematically engaged in collecting news—for sound or television broadcasts; orfor inclusion in programmes to be included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service.

(2) The Department may by order amend sections 42(6)(a) and 43(3) and (4)(a) so as to substitute for each reference to five days such greater number of days as may be specified in the order.

PART 9 — CONDUCT OF COUNCILLORS

Code of conduct

53

(1) The Department may issue a code of conduct as regards the conduct which is expected of councillors (to be known as the Northern Ireland Local Government Code of Conduct for Councillors).

(2) The code of conduct must specify principles which are to govern the conduct of councillors.

(3) The principles may be—

(a) principles which are to apply to a person at all times;

(b) principles which are to apply to a person otherwise than at all times.

(4) The code of conduct may include—

(a) provisions which are to apply to a person at all times;

(b) provisions which are to apply to a person otherwise than at all times.

(5) The Department must not issue a code of conduct under subsection (1) unless a draft of the code of conduct has been laid before, and approved by resolution of, the Assembly.

(6) The Department may revise or withdraw the code of conduct.

(7) The Department must not issue a revised code of conduct under subsection (6) unless a draft of the revised code of conduct has been laid before, and approved by resolution of, the Assembly.

(8) The Department must not exercise its powers under subsection (1) or (6) unless it has consulted the local government auditor, the Commissioner, councils, and—

(a) such associations or bodies representative of councils;

(b) such associations or bodies representative of councillors;

(d) such other bodies or persons,

as appear to the Department to be appropriate.

(9) If—

(a) the Assembly by resolution approves a draft code of conduct under subsection (5) or (7); and

(b) the draft does not state when the code of conduct is to come into force,

the Department must add a statement specifying when the code of conduct comes into force.

Guidance

54

The Commissioner may—

(a) issue guidance on matters relating to the conduct of councillors; and

(b) arrange for the guidance to be made public.

Investigations

55

(1) The Commissioner may investigate—

(a) cases in which a written allegation is made to the Commissioner by any person that a councillor (or former councillor) has failed, or may have failed, to comply with the code of conduct; and

(b) other cases in which the Commissioner considers that a councillor (or former councillor) has failed, or may have failed, to comply with the code of conduct and which have come to the Commissioner's attention as a result of an investigation under paragraph (a).

(2) Instead of, or in addition to, conducting an investigation under this section, the Commissioner may take such action as appears to the Commissioner to be desirable to deal with any particular case falling within subsection (1).

(3) If the Commissioner considers that a written allegation under subsection (1)(a) should not be investigated, the Commissioner must take reasonable steps to give written notification to the person who made the allegation of the decision and the reasons for the decision.

(4) The purpose of an investigation under this section is to determine which of the findings mentioned in subsection (5) is appropriate.

(5) Those findings are—

(a) that there is no evidence of any failure to comply with the code of conduct;

(b) that no action needs to be taken in respect of the matters which are the subject of the investigation;

(6) The Commissioner may cease an investigation under this section at any stage before its completion.

Investigations: further provisions

56

(1) The procedure for conducting an investigation under section 55 is to be such as the Commissioner considers appropriate in the circumstances of the case.

(2) Without prejudice to subsection (1), the Commissioner must give any person who is the subject of an investigation under section 55 an opportunity to comment on any allegation that the person has failed, or may have failed, to comply with the code of conduct.

(3) The Commissioner may pay to persons who attend or furnish information for the purposes of an investigation under section 55—

(a) such sums in respect of the expenses properly incurred by them; and

(b) such allowances by way of compensation for the loss of their time,

as may be determined by the Commissioner.

(4) The carrying out of an investigation under section 55 is not to affect—

(a) any action taken by the council concerned; or

(b) any power or duty of the council concerned to take further action with respect to any matters which are the subject of the investigation.

(5) Where a person is no longer a councillor of the council concerned but is a councillor of another council, any reference in subsection (4) to the council concerned is to be treated as including a reference to that other council.

Reports, etc.

57

(1) Where the Commissioner determines in relation to any case that a finding under section 55(5)(a) or (b) is appropriate, the Commissioner—

(a) may produce a report on the outcome of the investigation;

(b) may—

(i) provide a summary of any such report to any newspapers circulating in the district of the council concerned; and

(ii) take other steps to publicise the summary;

(d) where the Commissioner does not produce any such report, must inform the clerk of the council concerned and the councillor of the outcome of the investigation.

(2) Where the Commissioner determines in relation to any case that a finding under section 55(5)(c) is appropriate, the Commissioner must—

(a) produce a report on the outcome of the investigation;

(b) send a copy of the report to the clerk of the council concerned; and

(3) Where a person is no longer a councillor of the council concerned but is a councillor of another council the references in subsections (1)(b), (c) and (d) and (2)(b) to the council concerned are to be treated as including references to that other council.

(4) A report under this section may cover more than one investigation under section 55 in relation to any councillors (or former councillors) of the same council.

(5) The Commissioner must take reasonable steps to inform any person who made any allegation which gave rise to the investigation, of the outcome of the investigation.

(6) In subsections (1) and (2) “councillor” means the councillor (or former councillor) who is the subject of the investigation.

Interim reports

58

(1) Where the Commissioner considers it necessary in the public interest, the Commissioner may, before the completion of an investigation under section 55, produce an interim report on that investigation.

(2) An interim report under this section may cover more than one investigation under section 55 in relation to any councillors (or former councillors) of the same council.

(3) A copy of any report under this section must be given—

(a) to any person who is the subject of the report; and

(b) to the clerk of the council concerned.

(4) Where a person is no longer a councillor of the council concerned but is a councillor of another council the reference in subsection (3)(b) to the council concerned is to be treated as including a reference to that other council.

Decisions and recommendations

Decision following report

59

(1) The Commissioner may make an adjudication on any matter by deciding whether or not any person to which that matter relates has failed to comply with the code of conduct.

(2) Where the Commissioner decides that a person has not failed to comply with the code of conduct, the Commissioner must give notice to that effect to the clerk of the council concerned.

(3) Where the Commissioner decides that a person has failed to comply with the code of conduct, the Commissioner must decide whether no action should be taken or whether the nature of the failure is such that the Commissioner should—

(a) censure the person;

(b) suspend or partially suspend the person from being a councillor; or

(4) Where the Commissioner makes such a decision as is mentioned in subsection (3)(a), the Commissioner must censure the person in such terms as the Commissioner thinks appropriate.

(5) Where the Commissioner makes such a decision as is mentioned in subsection (3)(b), the Commissioner must suspend or partially suspend the person from being a councillor for such period as the Commissioner thinks appropriate but not exceeding one year or, if shorter, the remainder of the person's term of office.

(6) Where the Commissioner makes such a decision as is mentioned in subsection (3)(c), the Commissioner must disqualify the person for being, or becoming (whether by election or otherwise), a councillor for such period as the Commissioner thinks appropriate but not exceeding five years.

(7) Where the Commissioner decides that a person has failed to comply with the code of conduct but should not be censured, suspended or disqualified as mentioned in subsection (3), the Commissioner must give notice to the clerk of the council concerned—

(a) stating that the person has failed to comply with the code of conduct;

(b) specifying the details of that failure; and

(7A) Where the Commissioner censures a person under subsection (4),the Commissioner must give notice to the clerk of the council concerned—

(a) stating that the person has failed to comply with the code of conduct;

(b) specifying the details of that failure; and

(8) Where the Commissioner suspends or partially suspends a person under subsection (5), the Commissioner must give notice to the clerk of the council concerned—

(a) stating that the person has failed to comply with the code of conduct;

(b) specifying the details of that failure; and

(c) stating that the person is suspended or partially suspended for the period, and in the way, which the Commissioner has decided.

(9) Where the Commissioner disqualifies a person under subsection (6), the Commissioner must give notice to the clerk of the council concerned—

(a) stating that the person has failed to comply with the code of conduct;

(b) specifying the details of that failure; and

(c) stating that the person is disqualified for being, or becoming (whether by election or otherwise), a councillor for the period which the Commissioner has decided.

(10) A copy of any notice under this section—

(a) must be given to any person who is the subject of the decision to which the notice relates; ...

(b) must be published in one or more newspapers circulating in the district of the council concernedand.

(11) Where the person concerned is no longer a councillor of the council concerned but is a councillor of another council—

(a) a copy of any notice under this section to the clerk of the council concerned must also be given to the clerk of that other council; and

(b) the reference in subsection (10)(b) to the council concerned is to be treated as including a reference to that other council

(12) The Commissioner must take reasonable steps to inform any person who made any allegation which gave rise to the adjudication of the Commissioner's decision under this section.

(13) A person who is censured, suspended or disqualified by the Commissioner as mentioned in subsection (3) may appeal to the High Court if the High Court gives the person leave to do so.

(14) An appeal under subsection (13) may be made on one or more of the following grounds—

(a) that the Commissioner's decision was based on an error of law;

(b) that there has been procedural impropriety in the conduct of the investigation under section 58;

(d) that the Commissioner's decision was not supported by the facts found to be proved by the Commissioner;

(e) that the sanction imposed was excessive.

Decisions on interim reports

60

(1) Where the prima facie evidence is such that it appears to the Commissioner—

(a) that the person who is the subject of an interim report has failed to comply with the code of conduct;

(b) that the nature of that failure is such as to be likely to lead to disqualification under section 59(3)(c); and

the Commissioner may give notice to the clerk of the council concerned that that person is suspended or partially suspended from being a councillor for such period and in such way as may be specified in the notice.

(2) The period specified in a notice under subsection (1) must not exceed six months or (if shorter) the remainder of the person's term of office.

(3) The effect of a notice under subsection (1) is to suspend or partially suspend the person concerned as mentioned in that subsection.

(4) A decision of the Commissioner under this section does not prevent the Commissioner from continuing with the investigation under section 55 which gave rise to the interim report concerned and producing a report under section 57, or a further interim report under section 58, in respect of any matters which are the subject of the investigation.

(5) The suspension or partial suspension of any person under this section must not extend beyond the day on which a notice under section 59 is given to the clerk of the council concerned with respect to that person.

(6) A copy of any notice under this section must be given to any person who is the subject of the notice.

(7) Where a person is no longer a councillor of the council concerned but is a councillor of another council—

(a) the notice under subsection (1) must be given to the clerk of that other council and a copy of that notice must be given to the clerk of the council concerned;

(b) the reference in subsection (5) to the clerk of the council concerned is to be construed in accordance with section 59.

(8) The Commissioner must take reasonable steps to inform any person who made any allegation which gave rise to the investigation under section 55 of the Commissioner's decision under this section.

(9) A person who is suspended (or partially suspended) by the Commissioner by notice as mentioned in subsection (1) may appeal to the High Court if the High Court gives the person leave to do so.

(10) An appeal under subsection (9) may be made—

(a) against the suspension (or partial suspension);

(b) against the length of the suspension (or partial suspension).

Recommendations

61

(1) The Commissioner, having adjudicated on any matter, may make recommendations to a council about any matters relating to—

(a) the exercise of the council's functions; or

(b) the failure to observe the code of conduct.

(2) The Commissioner—

(a) must send a copy of any recommendations under subsection (1) to the Department; and

(b) may send a copy of those recommendations to any other public body.

(3) A council to which recommendations are made under subsection (1) must—

(a) consider the recommendations; and

(b) within such period beginning with the day on which the recommendations are received as the Commissioner may specify, prepare a report for the Department giving details of what action the council has taken or is proposing to take as a result of the recommendations.

(4) A council's function of considering a report under subsection (3) may be discharged only by the council (and accordingly, is not to be a function to which section 7 applies).

(5) If the Department is not satisfied with the action the council has taken or proposes to take in relation to the recommendations, the Department may require the council to publish a statement giving details of the recommendations made by the Commissioner and of the council's reasons for not fully implementing the recommendations.

Disclosure and registration of councillors' interests, etc.

Disclosure and registration of councillors’ interests, etc.

62

(1) The clerk of each council must establish and maintain a register of interests of its councillors.

(2) Any participation by a councillor in any business which is prohibited by the code of conduct is not a failure to comply with the code of conduct if the councillor has acted in compliance with sections 28 to 31 of the Local Government Act (Northern Ireland) 1972.

(3) A council must ensure that copies of the register maintained under this section are available at an office of the council for inspection by members of the public at all reasonable hours.

(4) As soon as practicable after the establishment of a register under this section, the council must—

(a) publish in one or more newspapers circulating in its district a notice which—

(i) states that copies of the register are available at an office of the council for inspection by members of the public at all reasonable hours; and

(ii) specifies the address of that office; and

(b) inform the Commissioner and the Department that copies of the register are so available.

Miscellaneous

Extension of 1996 Order

63

(1) The provisions of the 2016 Act set out below have effect inrelation to this Part as follows, and as if the references to the Ombudsman in the 2016 Act were references to the Commissioner.

(2) In section30 (investigation procedure) of the 2016 Act, subsections (5) and (7)(a) apply in relation to an investigation under section 55 as they apply in relation to an investigation under the 2016 Act.

(3) Section31 (information, documents, evidence and facilities) of the 2016 Act, except for subsections (2)(a) and (4), applies in relation to an investigation under section 55—

(a) as it applies in relation to an investigation under the 2016 Act,

(b) as if the references to the listed authority being investigated were references to the person being investigated under this Part, and

(4) Section33 (obstruction and contempt) of the 2016 Act, except for subsection (3)—

(a) applies in relation to the functions of the Commissioner under this Part as it applies in relation to the functions of the Ombudsman under the 2016 Act, and

(b) applies in relation to an investigation under section 55 as it applies in relation to an investigation under the 2016 Act.

(5) In section46 (reports to the Assembly) of the 2016 Act, subsections (1) and (4) apply in relation to functions of the Commissioner under this Part as they apply in relation to functions of the Ombudsman under the 2016 Act.

(6) Section48 (privilege for certain publications) of the 2016 Act applies in relation to reports, investigations, adjudications or notices under this Part as it applies in relation to reports and investigations under the 2016 Act.

(7) Section 49 (disclosure of information) of the 2016 Act –

(a) applies in relation to information obtained by the Commissioner in accordance with this Part as it applies in relation to information obtained by the Ombudsman in accordance with the 2016 Act,

(b) applies as if the references to section 10 (alternative resolution of complaints) of the 2016 Act were references to section 55(2) of this Act,

(c) applies as if the reference in section 49(2)(e) to section 51 (consultation and co-operation with other ombudsmen) only applied in respect of the persons listed in section 51(4)(i) and (j) (local government auditor and Comptroller and Auditor General), and

(d) applies as if the references to section 54 and 55 (court proceedings) were omitted.

(8) In Schedule1 (The Northern Ireland Public Services Ombudsman) of the 2016 Act—

(a) paragraph 14 (delegation of functions) applies in relation to functions of the Commissioner under this Part as it applies in relation to functions of the Ombudsman under the 2016 Act,

(b) paragraph 16 (advisers) applies in relation to the functions of the Commissioner under this Part as it applies in relation to the functions of the Ombudsman under the 2016 Act,

(9) The following provisions of the 2016 Act apply in relation to anadjudication hearing under section 56A as they apply in relation to an investigation under the 2016 Act—

(a) section 30(7)(b) of the 2016 Act (legal representation),

(b) section 30(8) of the 2016 Act (payments to persons giving evidence),

(d) section 33 of the 2016 Act (obstruction and contempt) except for subsection (3).

Expenditure of Commissioner under this Act

64

(1) Before the commencement of each financial year the Commissioner must prepare an estimate of the amount of the expenses of the Commissioner under this Act.

(2) The Department must apportion the amount estimated in accordance with subsection (1) between all the councils in Northern Ireland in such manner as the Department, after consultation in accordance with subsection (3), considers appropriate.

(3) The Department must consult—

(a) councils; and

(b) such associations or bodies representative of councils as appear to the Department to be appropriate,

about the manner in which the amount mentioned in subsection (2) is to be apportioned.

(4) The Department may deduct from any grant payable under section 27A of the Local Government Finance Act (Northern Ireland) 2011 to a council for a financial year the amount apportioned to it under subsection (2).

Interpretation

65

(1) In this Part—

“the 2016 Act” means the Public Services Ombudsman Act (Northern Ireland) 2016;

“code of conduct” means the code of conduct under section 53;

“the Commissioner” means the Ombudsman (within the meaning of the 2016 Act) who is to be known, for the purposes of exercising functions under this Part, as the Northern Ireland Local Government Commissioner for Standards;

“councillor” includes a person treated as a non-voting member by section 17 or falling within section 28(4).

(2) Any reference in this Part to a councillor being partially suspended from being a councillor includes a reference to a person being prevented from exercising particular functions or having particular responsibilities as a councillor.

(3) Where a councillor is suspended otherwise than partially the councillor is also suspended from being a member of any committee, joint committee, or sub-committee of the council.

(4) A councillor who is disqualified under this Part from being a councillor is also disqualified from being a member of any committee, joint committee, or sub-committee of the council.

(5) Where a councillor who is suspended otherwise than partially or is disqualified under this Part is also a member of any other public body (whether as an external representative of the council or otherwise), the councillor is also suspended or disqualified from being a member of that body and any committee or sub-committee of that body.

(6) Any reference in this Part to a councillor being partially suspended from being a councillor includes a reference to the councillor being partially suspended from being a member of any other public body of which the councillor is a member (whether as an external representative of the council or otherwise) and the reference in subsection (2) to particular functions or particular responsibilities as a councillor includes particular functions or particular responsibilities as a member of that body.

PART 10 — COMMUNITY PLANNING

General

Community planning

66

(1) A council must—

(a) initiate; and

(b) having done so, maintain, facilitate and participate in,

community planning for its district.

(2) Community planning for a district is a process by which the council and its community planning partners—

(a) identify long-term objectives for improving—

(i) the social well-being of the district;

(ii) the economic well-being of the district; and

(iii) the environmental well-being of the district;

(b) identify long-term objectives in relation to the district for contributing to the achievement of sustainable development in Northern Ireland; and

(c) identify actions to be performed and functions to be exercised by the council and its community planning partners (including actions and functions related to the planning, provision and improvement of public services) for the purpose of meeting the objectives identified under paragraphs (a) and (b).

(3) In subsection (2)(a)—

(a) the reference to improving the social well-being of the district includes promoting equality of opportunity in accordance with section 75 of the Northern Ireland Act 1998 and, without prejudice to this, having regard to the desirability of promoting good relations; and

(b) the reference to improving the economic well-being of the district includes tackling poverty, social exclusion and patterns of deprivation;

and expressions used in this subsection and in section 28E of that Act (Executive Committee's strategy relating to poverty, social exclusion etc.) have the same meaning as in that section.

(4) Every community planning partner of a council—

(a) must participate in community planning for the district to the extent that such planning is connected with the partner's functions; and

(b) must assist the council in the discharge of its duties under subsection (1).

(5) For the purposes of this section, a reference to an action to be performed or a function to be exercised by a council or one of its community planning partners is a reference to an action or function which is within the powers of the council or partner.

(6) In the discharge of its duties under subsection (1) a council must where appropriate have regard to its plan strategy and its local policies plan under sections 8 and 9 of the Planning Act (Northern Ireland) 2011.

Community planning partners

67

(1) The Department may by order specify the bodies or persons who are to be the community planning partners of a council.

(2) The Department must not make an order containing provisions under subsection (1) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

(3) The Department must not make an order under subsection (1) unless it has consulted—

(a) the bodies and persons specified in the order as community planning partners of a council;

(b) district councils; and

(4) Subsections (2) and (3) do not apply to an order under subsection (1) which is made solely in consequence of a change of name of a body or in consequence of a body ceasing to exist; but such an order is subject to negative resolution.

Community plan

Production of community plan

68

(1) Once community planning for a district has reached the stage described in subsection (2), the council must produce a document (a “community plan”) containing the information described in subsection (3).

(2) The stage referred to in subsection (1) is reached when the council is of the opinion that the degree of consensus amongst the community planning partners and the council—

(a) as to community plan objectives for the district is such that it is appropriate to set such objectives in the community plan; and

(b) as to the actions to be performed and functions to be exercised for the purpose of achieving those objectives is such that it is appropriate to describe them in the community plan.

(3) The information to be contained in the community plan is—

(a) a description of the community plan objectives which the council considers it appropriate to set having regard to the consensus referred to in subsection (2)(a); and

(b) a description of the actions to be performed and functions to be exercised for the purpose of achieving those objectives which the council considers it appropriate to include in the plan having regard to the consensus referred to in subsection (2)(b).

(4) The community plan—

(a) must be produced as soon as is reasonably practicable after community planning for the district has reached the stage described in subsection (2); and

(b) once produced, must be published as soon as is reasonably practicable by the council.

Duty to review community plan

69

(1) A review must be completed in accordance with section 70—

(a) before the fourth anniversary of the date on which the community plan was published under section 68(4); and

(b) subsequently, before the fourth anniversary of the date on which the last such review was completed.

(2) For the purposes of this section and section 70, a community plan review is completed on—

(a) the date on which an amended community plan is published under section 70(6); or

(b) if a review does not result in any amendment to a community plan, the date on which the council decided that it was not required under section 70(4) to amend the plan.

Review of community plan

70

(1) This section sets out the process by which a community plan must be reviewed.

(2) A council and, subject to subsection (3), its community planning partners must—

(a) taking into account any statement published under section 71(3) since the community plan was produced or (as the case may be) its last review was completed, consider the extent to which—

(i) the community plan objectives contained in the plan have been met; and

(ii) if an objective has not been met, progress has been made towards meeting the objective;

(b) in the light of the consideration under paragraph (a) and any other factors which the council or a partner thinks appropriate, consider—

(i) whether the community plan objectives should be modified;

(ii) whether new objectives should be set;

(iii) whether the plan's description of the actions to be taken and functions to be exercised for the purpose of achieving a community plan objective should be modified (whether in the light of a modification of an objective or for any other reason);

(iv) where the council or partner considers that a new objective should be set, which actions should be taken and which functions exercised for the purpose of achieving the objective.

(3) A community planning partner's duty under subsection (2) extends only to matters connected with its functions.

(4) If the requirement in subsection (5) is met a council must, following the consideration required by subsection (2), amend the community plan for its district by doing all or any of the following—

(a) modifying the community plan objectives;

(b) setting new objectives;

(c) modifying the actions to be taken and functions to be exercised for the purpose of achieving a community plan objective;

(d) describing the actions to be taken and functions to be exercised for the purpose of achieving a new objective.

(5) The requirement is that, in relation to a proposed amendment, the council is of the opinion that the degree of consensus amongst the community planning partners and the council in relation to the amendment is such that it is appropriate to make the amendment.

(6) The council must, as soon as is reasonably practicable after becoming subject to the duty under subsection (4), publish an amended community plan.

Monitoring

71

(1) A council and its community planning partners must ensure that arrangements are made for monitoring—

(a) progress made towards meeting the community plan objectives for the district contained in the current community plan; and

(b) the effectiveness of actions taken and functions exercised for the purpose of meeting those objectives.

(2) A community planning partner's duty under subsection (1) extends only to matters connected with its functions.

(3) A council must at least once every two years publish a statement which describes—

(a) progress made and outcomes achieved in meeting the community plan objectives for its district; and

(b) actions taken and functions exercised for the purpose of meeting those objectives.

(4) It is the duty of each community planning partner of a council to provide such information as the council may reasonably require in order to enable it to comply with its duty under subsection (3).

(5) The first statement under subsection (3) must be produced within two years of the date on which a community plan is published under section 68(4).

Implementation

72

(1) This section applies to a council or one of its community planning partners if the current community plan for the district describes—

(a) an action to be performed by the council or partner for the purpose of achieving a community plan objective; or

(b) a function to be exercised by the council or partner for the purpose of achieving a community plan objective.

(2) The council or community planning partner must take all reasonable steps to perform the action or exercise the function in accordance with the community plan.

Community involvement

73

(1) A council and its community planning partners must seek the participation of and encourage the persons mentioned in subsection (2) to express their views, and take those views into account, in connection with—

(a) community planning;

(b) the production of a community plan for the district; and

(2) The persons are—

(a) persons resident in the district;

(b) persons who are not resident in the district but who receive services provided by the council or one of its community planning partners;

(d) representatives of persons carrying on businesses in the district;

(e) other persons who, in the opinion of the council, are interested in the improvement of the district's social, economic or environmental well-being.

(3) For the purposes of this section “relevant voluntary bodies” means voluntary bodies whose activities directly or indirectly benefit the whole or any part of the district.

(4) A registered housing association which provides housing in the district is a relevant voluntary body for the purposes of this section.

(5) In this section—

“registered housing association” has the same meaning as in Part 2 of the Housing (Northern Ireland) Order 1992;

“voluntary body” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members of the association.

Miscellaneous

Guidance

74

(1) The Department may issue guidance about—

(a) any aspect of community planning;

(b) the production and review of community plans;

(2) Before issuing guidance under this section the Department must consult councils and—

(a) such associations or bodies representative of councils;

(b) such associations or bodies representative of officers of councils; and

as appear to the Department to be appropriate.

(3) A council and its community planning partners must have regard to any guidance issued under this section.

Duties of departments in relation to community planning

75

So far as it is reasonably practicable to do so, every Northern Ireland department must—

(a) in exercising any function which might affect community planning, promote and encourage community planning;

(b) have regard to any implications of a community plan for the exercise of that department's functions.

Establishment of bodies corporate

76

(1) The Department may—

(a) on the application of a council and at least one of its community planning partners; and

(b) after considering a report on the matters specified in subsection (2) made to the Department by the council and at least one of the council's community planning partners,

by order establish a body corporate having the constitution and functions specified in the order.

(2) The matters referred to in subsection (1)(b) are—

(a) what consultations were conducted on the question whether to apply for an order;

(b) the views on that question of the council and the council's community planning partners;

(d) what functions should be specified in the order; and

(e) such other matters as may be prescribed.

(3) An order made under subsection (1) may include provisions about—

(a) the membership of the body established under it;

(b) the proceedings of the body;

(d) the appointment and employment by the body of staff;

(e) the supply by councils and other persons of services for the body;

(f) the audit of the accounts of the body;

(g) the dissolution of the body; and

(h) such other matters as the Department thinks fit.

(4) A function may be specified under subsection (1) and accordingly fall to be discharged by the body in relation to which it is specified notwithstanding that under any statutory provision the function falls to be discharged also by another body or person.

(5) Subsection (4) has effect notwithstanding—

(a) the absence of any statutory provision or rule of law providing for the discharge of that function otherwise than by the other body or person having that function; or

(b) any statutory provision or rule of law preventing the discharge of that function in that way.

(6) In subsection (5) “statutory provision” does not include this section.

(7) Section 19 of the Interpretation Act (Northern Ireland) 1954 applies to a body established under subsection (1).

Amendments of the Planning Act (Northern Ireland) 2011

77

(1) The Planning Act (Northern Ireland) 2011 is amended as follows.

(2) In section 8 (plan strategy), in subsection (5) (matters which a council must take account of in preparing a plan strategy) after paragraph (a) there shall be inserted—

(aa) the council's current community plan;

(3) In section 9 (local policies plan), in subsection (6) (matters which a council must take account of in preparing a local policies plan) after paragraph (a) there shall be inserted—

(aa) the council's current community plan;

(4) In section 250 (interpretation), in subsection (1) after the definition of “clerk of the council” there shall be inserted—

“current community plan” has the same meaning as in Part 10 (community planning) of the Local Government Act (Northern Ireland) 2014;

(5) The amendments made by this section do not apply in relation to a council until the council has published a community plan under section 68(4).

Interpretation

78

(1) For the purposes of this Part—

“community planning” must be construed in accordance with section 66;

“community planning partner” means a person falling within section 67;

“current community plan” means the community plan for a district published under section 68(4) or, where the plan has been amended following a review under section 70, the plan most recently published under section 70(6).

(2) Any reference in this Part to an action being performed or a function being exercised for the purposes of achieving a community plan objective is a reference to an action being performed or a function being exercised as described in section 66(2)(c).

(3) Where this Part refers to a thing being connected with a community planning partner's functions, the functions in question do not include the partner's functions under this Part.

(4) A document referred to in this Act as a “community plan” (or by an expression including that term) may instead be referred to by whatever alternative name is agreed between a council and its community planning partners.

PART 11 — GENERAL POWERS OF COUNCILS

Council’s general power of competence

79

(1) A council has power to do anything that individuals generally may do.

(2) Subsection (1) applies to things that an individual may do even though they are in nature, extent or otherwise—

(a) unlike anything the council may do apart from subsection (1); or

(b) unlike anything that other public bodies may do.

(3) In this section “individual” means an individual with full capacity.

(4) Where subsection (1) confers power on the council to do something, it confers power (subject to sections 80 and 81) to do it in any way whatever, including—

(a) power to do it for a charge, or without charge; and

(b) power to do it for, or otherwise than for, the benefit of the council, its district or persons resident or present in its district.

(5) The generality of the power conferred by subsection (1) (“the general power”) is not limited by the existence of any other power of the council which (to any extent) overlaps the general power.

(6) Any such other power is not limited by the existence of the general power (but see section 82(2)).

Boundaries of the general power

80

(1) If exercise of a pre-commencement power of a council is subject to restrictions, those restrictions apply also to exercise of the general power so far as it is overlapped by the pre-commencement power.

(2) The general power does not enable a council to do—

(a) anything which the council is unable to do by virtue of a pre-commencement limitation; or

(b) anything which the council is unable to do by virtue of a post-commencement limitation which is expressed to apply—

(i) to the general power;

(ii) to all of the council's powers; or

(iii) to all of the council's powers but with exceptions that do not include the general power.

(3) The general power does not confer power to—

(a) make or alter arrangements of a kind which may be made under Part 4;

(b) make or alter arrangements of a kind which are made, or may be made, by or under Part 5 or Part 6;

(c) make or alter any contracting-out arrangements, or other arrangements within neither of paragraphs (a) and (b), that authorise a person to exercise a function of a council.

(4) In this section—

“post-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision which comes into operation after the commencement of section 79;

“pre-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision (including a provision of or made under this Act) which comes into operation on or before the commencement of section 79;

“pre-commencement power” means power conferred by a statutory provision which comes into operation before the commencement of section 79.

Limits on charging in exercise of general power

81

(1) Subsection (2) applies where—

(a) a council provides a service to a person otherwise than for a commercial purpose; and

(b) its providing the service to the person is done, or could be done, in exercise of the general power.

(2) The general power confers power to charge the person for providing the service to the person only if—

(a) the service is not one that a statutory provision requires the council to provide to the person;

(b) the person has agreed to its being provided; and

(3) The general power is subject to a duty to secure that, taking one financial year with another, the income from charges allowed by subsection (2) does not exceed the costs of provision.

(4) The duty under subsection (3) applies separately in relation to each kind of service.

Powers to make supplemental provision

82

(1) If the Department thinks that a statutory provision (whenever passed or made) prevents or restricts councils from exercising the general power, the Department may by order amend, repeal, revoke or disapply that provision.

(2) If the Department thinks that the general power is overlapped (to any extent) by another power it shall seek to remove or reduce that overlap, taking into account the views of the bodies exercising the overlapping powers.

(3) For the purposes of subsection (2) the Department may by order amend, repeal, revoke or disapply any statutory provision (whenever passed or made).

(4) The Department may by order make provision preventing councils from doing, in exercise of the general power, anything which is specified, or is of a description specified, in the order.

(5) The Department may by order provide for the exercise of the general power by councils to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the order.

(6) Before the Department makes an order under this section it must consult—

(a) such associations or bodies representative of councils;

(b) such associations or bodies representative of officers of councils; and

as appear to the Department to be appropriate.

(7) If, following consultation under subsection (6), the Department proposes to make an order under this section it must lay before the Assembly a document explaining the proposals and, in particular—

(a) setting them out in the form of a draft order; and

(b) giving details of consultation under subsection (6).

(8) Where a document relating to proposals is laid before the Assembly under subsection (7), no draft of an order under this section to give effect to the proposals (with or without modification) is to be laid before the Assembly until after the expiry of the statutory period beginning with the day on which the document was laid.

(9) In preparing a draft order under this section the Department must consider any representations made during the period mentioned in subsection (8).

(10) A draft order laid before the Assembly in accordance with section 127(3) must be accompanied by a statement of the Department giving details of—

(a) any representations considered in accordance with subsection (9); and

(b) any changes made to the proposals contained in the document laid before the Assembly under subsection (7).

Limits on power conferred by section 82(1)

83

(1) The Department may not make provision under section 82(1) unless the Department considers that the conditions in subsection (2), where relevant, are satisfied in relation to that provision.

(2) Those conditions are that—

(a) the effect of the provision is proportionate to the policy objective intended to be secured by the provision;

(b) the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;

(d) the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;

(e) the provision is not of constitutional significance.

(3) An order under section 82(1) may not make provision for the delegation or transfer of any function of legislating.

(4) For the purposes of subsection (3) a “function of legislating” is a function of legislating by order, rules, regulations or other subordinate instrument.

PART 12 — PERFORMANCE IMPROVEMENT

General duty

Improvement: general duty

84

(1) A council must make arrangements to secure continuous improvement in the exercise of its functions.

(2) In discharging its duty under subsection (1), a council must have regard in particular to the need to improve the exercise of its functions in terms of—

(a) strategic effectiveness;

(b) service quality;

(d) fairness;

(e) sustainability;

(f) efficiency; and

(g) innovation.

Improvement objectives

85

(1) For each financial year, a council must set itself objectives for improving the exercise of its functions during that year (“improvement objectives”).

(2) A council must make arrangements to secure achievement of its improvement objectives.

(3) An improvement objective must be framed so as to improve the exercise of the function or functions to which it relates in terms of at least one of the following—

(a) strategic effectiveness;

(b) service quality;

(d) fairness;

(e) sustainability;

(f) efficiency; and

(g) innovation.

Improvement: supplementary

86

(1) A council improves the exercise of its functions in terms of—

(a) strategic effectiveness, if it exercises its functions in a way which is reasonably likely to lead to the achievement of, or assist in achieving, any of its strategic objectives;

(b) service quality, if there is an improvement in the quality of services;

(d) fairness, if—

(i) disadvantages faced by particular groups in accessing, or taking full advantage of, services are reduced; or

(ii) social well-being is improved as a result of the provision of services or the way in which functions are otherwise exercised;

(e) sustainability, if services are provided or functions are otherwise exercised in a way which contributes to the achievement of sustainable development in Northern Ireland;

(f) efficiency, if there is an improvement in the efficiency with which resources are used in the provision of services or in the way in which functions are otherwise exercised; and

(g) innovation, if the way in which services are provided or functions are otherwise exercised is altered in a manner which is reasonably likely to lead to any outcome described in paragraphs (a) to (f).

(2) For the purposes of subsection (1)(a), a council's strategic objectives are the objectives contained in its current community plan.

(3) For the purposes of this section references to services are to—

(a) services provided by the council in the exercise of its functions;

(b) services provided by any other person under arrangements made by the council in the exercise of its functions.

(4) In subsection (2) “current community plan” has the meaning given by section 78(1).

(5) The Department may by order—

(a) amend or omit any paragraph of subsection (1);

(b) add additional paragraphs to that subsection;

(d) make such other amendments of this Part as appear to the Department to be necessary or expedient in connection with provision made under this subsection.

Consultation on improvement duties

87

In deciding how to discharge its duty under sections 84 and 85, a council must consult persons appearing to the council to be representative of—

(a) persons liable to pay rates in respect of hereditaments in the district;

(b) persons who use or are likely to use services provided by the council;

Appropriate arrangements under sections 84(1) and 85(2)

88

(1) In making arrangements under section 84(1) or section 85(2) a council must take into consideration what are regarded, whether by reference to any generally recognised published code or otherwise, as appropriate arrangements for the purposes of that section (or purposes which include those purposes).

(2) But if there is any conflict in any respect between a council's duty under subsection (1) and its duty under section 111(3) to have regard to any guidance issued under that section, a council must have regard only to its duty under section 111(3).

Performance indicators and performance standards

89

(1) The Department may by order specify—

(a) factors (“performance indicators”) by reference to which a council's performance in exercising functions can be measured;

(b) standards (“performance standards”) to be met by councils in relation to performance indicators specified under paragraph (a).

(2) Before specifying performance indicators or standards the Department must consult councils and—

(a) such associations or bodies representative of councils;

(b) such associations or bodies representative of officers of councils; and

as appear to the Department to be appropriate.

(3) In deciding whether to specify performance indicators and standards, and in deciding them, the Department must aim to promote improvement of the exercise of the functions of councils generally and in particular in terms of at least one of the following—

(a) strategic effectiveness;

(b) service quality;

(d) fairness;

(e) sustainability;

(f) efficiency; and

(g) innovation.

(4) For the meanings of paragraphs (a) to (g) of subsection (3), see section 86.

(5) A council must make arrangements to exercise its functions so that any applicable performance standard specified under subsection (1)(b) is met.

Improvement planning and information

Collection of information relating to performance

90

(1) A council must make arrangements for—

(a) the collection of information which will allow it to assess whether it has met during a financial year those improvement objectives set under section 85(1) which are applicable to that year;

(b) the collection of information which will allow it to—

(i) measure its performance during a financial year by reference to those performance indicators specified under section 89(1)(a) which are applicable to the council for that year;

(ii) assess whether it has met during a financial year those performance standards specified under section 89(1)(b) which are applicable to the council for that year;

(i) measure its performance during a financial year by reference to those self-imposed performance indicators which are applicable to that year;

(ii) assess whether it has met during a financial year those self-imposed performance standards which are applicable to that year.

(2) For the purposes of this section and sections 91 and 92—

(a) a self-imposed performance indicator is a factor by reference to which a council has decided to measure its performance in exercising its functions; and

(b) a self-imposed performance standard is a standard which a council has decided to meet in relation to a self-imposed performance indicator.

Use of performance information

91

(1) A council must use the information it collects under section 90 to compare its performance in exercising the functions to which the information relates with—

(a) its performance in exercising those or similar functions during previous financial years; and

(b) so far as is reasonably practicable, the performance of other councils in exercising those or similar functions during the financial year to which the information relates and during previous financial years.

(2) A council must—

(a) use the information it collects under section 90 to assess whether it could improve its performance in exercising its functions; and

(b) in the light of that assessment, decide what steps it will take with a view to improving its performance in exercising its functions.

(3) In discharging its duty under this section and section 90 a council must have regard to any guidance issued by the Department.

Improvement planning and publication of improvement information

92

(1) A council must make arrangements in accordance with this section for the publication of the information described below.

(2) The council must make arrangements for the publication of—

(a) the council's assessment of its performance during a financial year—

(i) in discharging its duty under section 84;

(ii) in meeting the improvement objectives it has set itself under section 85 which are applicable to that year;

(iii) by reference to performance indicators specified under section 89(1)(a) and self-imposed performance indicators which are applicable to that year;

(iv) in meeting performance standards specified under section 89(1)(b) and self-imposed performance standards which are applicable to that year;

(b) the council's assessment of its performance in exercising its functions during a financial year as compared with—

(i) its performance in previous financial years; and

(ii) so far as is reasonably practicable, the performance during that and previous financial years of other councils;

(c) details of the information collected under section 90 in respect of a financial year and what the council has done to discharge its duties under section 91 in relation to that year.

(3) Those arrangements must be framed so that the information is published before—

(a) 30th September in the financial year following that to which the information relates; or

(b) such other date as the Department may specify by order.

(4) The council must make arrangements for the publication of a description of the council's plans for discharging its duties under sections 84(1), 85(2) and 89(5) in a financial year together with, if the council thinks fit, its plans for subsequent years (an “improvement plan”).

(5) Those arrangements must be framed so that the information is published—

(a) as soon as is reasonably practicable after the start of the financial year to which the plan must relate; or

(b) as soon as is reasonably practicable after such other date as the Department may specify by order.

(6) Without prejudice to the generality of section 111, guidance issued under that section may address—

(a) the manner in which assessments of performance are to be carried out;

(b) the making of an improvement plan including the procedure to be followed.

Improvement audits and assessments

Improvement information and planning

93

In respect of each financial year, the local government auditor must carry out an audit for the purpose of determining—

(a) whether a council has during that year discharged its duties under section 92; and

(b) the extent to which the council has during that year acted in accordance with any guidance issued by the Department about the council's duties under that section.

Improvement assessments

94

(1) In respect of each financial year, the local government auditor must carry out an assessment for the purpose of determining whether a council is likely during that year to comply with the requirements of this Part.

(2) In conjunction with an assessment under subsection (1), the local government auditor may carry out an assessment for the purpose of determining whether the council is likely to comply with the requirements of this Part in subsequent financial years.

Audit and assessment reports

95

(1) Each financial year, the Department, after consultation with the local government auditor, must determine which councils are to be councils in respect of which subsection (2) applies in that financial year.

(2) Each financial year, the local government auditor must issue a report or reports in respect of each council to which this subsection applies in that financial year—

(a) certifying that the local government auditor has carried out an audit under section 93 in respect of the previous financial year;

(b) stating whether as a result of the audit the local government auditor believes—

(i) that the council has discharged its duties under section 92; and

(ii) that the council has acted in accordance with any guidance issued by the Department about the council's duties under that section;

(c) certifying that the local government auditor has carried out an assessment under section 94 in respect of the financial year;

(d) stating whether as a result of the assessment the local government auditor believes that the council is likely to comply with the requirements of this Part during the financial year;

(e) if the local government auditor thinks it appropriate in the light of an audit or assessment, recommending action that the council should take in order to comply with the requirements of this Part or act in accordance with guidance issued by the Department about the council's duties under section 92 (whether in respect of that or a subsequent financial year);

(f) if the local government auditor thinks it appropriate in the light of an audit or assessment, recommending that the Department should give a direction under section 100 and, if so, the type of direction;

(g) stating whether, in the light of an audit or assessment, the local government auditor is minded to carry out a special inspection under section 98.

(3) The local government auditor must send a copy of any report issued under this section to the council concerned and the Department.

(4) Copies of a report must be sent in accordance with subsection (3)—

(a) by 30th November in the financial year during which the audit was carried out or to which the assessment relates; or

(b) by such other date as the Department may specify by order.

(5) But the Department may by direction set a date for the sending of a report in relation to a specified council which differs from the date which would otherwise apply under subsection (4) if—

(a) the local government auditor has requested that the Department give such a direction; and

(b) in the opinion of the Department, the circumstances are exceptional.

(6) In subsection (5) “specified” means specified in a direction under that subsection.

Response to section 95 reports

96

(1) The following subsections apply where any report received by a council under section 95(3)—

(a) contains a recommendation under section 95(2)(e) or (f); or

(b) states under section 95(2)(g) that the local government auditor is minded to carry out a special inspection.

(2) The council must prepare a statement of—

(a) any action which it proposes to take as a result of the report; and

(b) its proposed timetable for taking that action.

(3) A statement required by subsection (2) must be prepared—

(a) before the end of the period of 6 weeks starting with the day on which the council receives the report; or

(b) if the report specifies a shorter period starting with that day, before the end of that period.

(4) The council must incorporate the statement in its improvement plan for the next financial year.

(5) If the report recommends that the Department give a direction under section 100, the council must send a copy of the statement to the Department—

(a) before the end of the period of 6 weeks starting with the day on which the council receives the report; or

(b) if the report specifies a shorter period starting with that day, before the end of that period.

Annual improvement reports

97

(1) In relation to each council, the local government auditor must produce a report (an “annual improvement report”) for each financial year which summarises or reproduces the reports described in subsection (2), unless no such reports have been issued in respect of that council during that financial year.

(2) The reports are—

(a) each report issued in respect of the council during that financial year under section 95;

(b) any report of a special inspection of the council issued under section 99 during that financial year.

(3) The local government auditor—

(a) must publish each council's annual improvement report;

(b) must consider, in the light of a council's annual improvement report, whether to—

(i) make a recommendation to the Department to give a direction to the council under section 100;

(ii) exercise any of the local government auditor's functions in relation to the council;

(c) must make any such recommendation as is mentioned in paragraph (b)(i) as the local government auditor considers ought to be made.

Special inspections

98

(1) The local government auditor may carry out an inspection of a council's compliance with the requirements of this Part if the local government auditor is of the opinion that the council may fail to comply with the requirements of this Part.

(2) But the local government auditor must, before deciding whether to carry out an inspection—

(a) consult the Department; and

(b) in a case where the local government auditor has stated in a report under section 95(2)(g) that the local government auditor is minded to carry out a special inspection, consider any statement made by the council in response in accordance with section 96(2).

(3) An inspection under subsection (1) may relate to some or all of a council's functions.

(4) The Department may direct the local government auditor to carry out an inspection of compliance with the requirements of this Part by a council and the local government auditor must comply with the direction.

(5) A direction under subsection (4) may relate to some or all of a council's functions.

(6) Before giving a direction under subsection (4), the Department must consult the local government auditor.

(7) The local government auditor must notify a council if—

(a) the local government auditor decides to carry out an inspection of the council under subsection (1); or

(b) the Department has directed the local government auditor to carry out an inspection of the council under subsection (4).

(8) The notification must specify the functions to which the inspection relates.

(9) In carrying out an inspection, and, in the case of an inspection under subsection (1), deciding whether to do so, the local government auditor must have regard to any guidance issued by the Department.

(10) For the purposes of this Part, an inspection under this section is referred to as a special inspection.

(11) In this section a reference to a council's functions includes a reference to arrangements made to facilitate or support the exercise of its functions.

Reports of special inspections

99

(1) Where the local government auditor has carried out a special inspection the local government auditor must issue a report.

(2) A report—

(a) must mention any matter in respect of which the local government auditor believes as a result of the inspection that the council is failing or may fail to comply with the requirements of this Part; and

(b) may, if it mentions a matter under paragraph (a), recommend that the Department give a direction under section 100.

(3) The local government auditor—

(a) must send a copy of a report to the council concerned and the Department;

(b) if a report makes a recommendation under subsection (2)(b), must as soon as reasonably practicable arrange for the recommendation to be published; and

(4) If a report states that the local government auditor believes as a result of an inspection that a council is failing to comply with the requirements of this Part, the next improvement plan prepared by the council must record—

(a) that fact; and

(b) any action taken, or to be taken, by the council as a result of the report.

Powers of direction, etc.

100

(1) This section applies in relation to a council if the Department is satisfied that the council is failing, or is likely to fail, to comply with any of the requirements of this Part.

(2) Where this section applies in relation to a council, the Department may direct it to do all or any of the following—

(a) prepare or amend an improvement plan or to follow specified procedures in relation to such a plan;

(b) carry out a review of its exercise of specified functions;

(d) set specified improvement objectives for itself under section 85.

(3) Where this section applies in relation to a council any Northern Ireland department may direct the council to take any action which that department considers necessary or expedient to secure the council's compliance with the requirements of this Part.

(4) Where this section applies in relation to a council any Northern Ireland department may direct—

(a) that a specified function of the council must be exercised by that department for a period specified in the direction or for so long as that department considers appropriate; and

(b) that the council must comply with any instructions of that department in relation to the exercise of that function and must provide such assistance as that department may require for the purpose of exercising the function.

(5) Any Northern Ireland department may by regulations make provision which—

(a) relates to a statutory provision which confers a function on that department in respect of a function of a council; and

(b) that department considers necessary or expedient for the purposes of cases in which it makes a direction under subsection (4)(a).

(6) Regulations under subsection (5) may, in relation to the cases mentioned in subsection (4)(b)—

(a) disapply or modify a statutory provision of the kind mentioned in subsection (5)(a);

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