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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

(b) have an effect similar to the effect of a statutory provision of that kind.

(7) Subject to subsection (9), a Northern Ireland department must, before giving a direction under this section, give the council concerned an opportunity to make representations about—

(a) the report (if any) as a result of which the direction is proposed; and

(b) the direction proposed.

(8) Subject to subsection (9), a Northern Ireland department must, before giving a direction under this section following a recommendation in a report under section 95(2)(f), have regard to any statement under section 96(2) which the council concerned sends the Department before the expiry of the period of one month beginning with the day on which the council received the report.

(9) A Northern Ireland department may give a direction without complying with subsection (7) or (8) if it considers the direction sufficiently urgent.

(10) Where a department gives a direction without complying with subsection (7) or (8) it shall inform—

(a) the council concerned; and

(b) such persons appearing to that department to represent councils as it considers appropriate,

of the direction and of the reason why it was given without complying with subsection (7) or (8).

Supplementary

Power to modify statutory provisions and confer new powers

101

(1) If the Department thinks that a statutory provision prevents or obstructs compliance by councils with their duty under section 84, the Department may by order make provision modifying or excluding the application of the provision in relation to councils.

(2) The Department may by order make provision conferring on councils any power which the Department considers necessary or expedient to permit or facilitate compliance with the duty under section 84.

(3) In exercising a power conferred under subsection (2) a council must have regard to any guidance issued by the Department.

(4) An order under this section may—

(a) impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval);

(b) amend a statutory provision;

Application of certain local government audit provisions

102

—In Part 2 of the Local Government (Northern Ireland) Order 2005 (local government audit)—

(a) in Article 5 (code of audit practice) and Article 7 (auditor's right to documents and information), references to that Part include references to this Part;

(b) in Article 7(7), references to the audit of the accounts of any body include references to an audit under section 93, an assessment under section 94 and a special inspection in respect of a council; and

(c) in Article 8 (audit fees), the reference to every body whose accounts are audited includes a reference to every council which is subject to such an audit, assessment or inspection.

PART 13 — PARTNERSHIP PANEL

Partnership Panel

103

(1) The Department must establish and maintain a body to be known as the Partnership Panel for Northern Ireland (“the Panel”).

(2) The Panel may—

(a) give advice to any Northern Ireland department about matters affecting the exercise of any of its functions;

(b) make representations to any Northern Ireland department about any matters affecting, or of concern to, those involved in local government; and

(3) The Panel is to consist of—

(a) councillors;

(b) Ministers; and

(c) a maximum of 5 representatives of such representative body or association of the district councils as appears to the Department to be appropriate,

but this subsection is subject to subsections (4) to (6).

(4) Each council may nominate a councillor to serve as a member of the Panel.

(5) The First Minister and deputy First Minister acting jointly may nominate Ministers to attend particular meetings of the Panel.

(6) Any Minister may attend any meeting of the Panel without having been nominated under subsection (5) to do so.

(7) In this section “Ministers” includes junior Ministers and subject to that any expression used in this section and in the Northern Ireland Act 1998 has the same meaning in this section as in that Act.

PART 14 — SUPERVISION OF COUNCILS BY NORTHERN IRELAND DEPARTMENTS

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

104

(1) Any Northern Ireland department may direct a council to—

(a) make to that department such reports and returns; and

(b) give to that department such information with respect to the exercise of the council's functions,

as may be specified in the direction.

(2) A council must comply with any direction under this section.

Inquiries and investigations

105

(1) Any Northern Ireland department may cause such local and other inquiries to be held and such investigations to be made as that department thinks expedient for the purposes of this Act or in connection with the administration of any statutory provision relating to the functions of any council or any committee or sub-committee of a council.

(2) The provisions of Schedule A1 to the Interpretation Act (Northern Ireland) 1954 have effect in relation to any local or other inquiry or any investigation which a Northern Ireland department causes to be held or made under this section as they apply in relation to a local or other inquiry or investigation which a Northern Ireland department causes to be held or made under an enactment passed or made as mentioned in section 23 of that Act.

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

106

(1) This section applies where a Northern Ireland department (“the relevant department”), after causing a local or other inquiry to be held or an investigation to be made, is satisfied that a council has failed to discharge any of its functions.

(2) The relevant department may make an order—

(a) declaring the council to be in default; and

(b) directing the council for the purpose of remedying the default, to take such action, within such period, as is specified in the order.

(3) If an order under subsection (2) is not complied with, the relevant department may by order empower an officer of the relevant department to exercise, or procure the exercise of, the function in question.

(4) Any costs incurred by the relevant department or its officer under an order made under subsection (3) must, in the first instance, be defrayed as expenses of the relevant department, but—

(a) the amount of those costs as certified by the relevant department must, on demand, be paid to it by the council; and

(b) any sum demanded under paragraph (a) is a debt recoverable summarily by the relevant department from the council.

International obligations

107

(1) If any Northern Ireland department considers that any action proposed to be taken by a council would be incompatible with any international obligations, that department may direct that the proposed action must not be taken.

(2) If any Northern Ireland department considers that any action capable of being taken by a council is required for the purpose of giving effect to any international obligations, that department may direct that the action shall be taken.

(3) A direction under this section must give the reasons for making the direction and may make provision having retrospective effect.

(4) In this section “international obligations” has the same meaning as in the Northern Ireland Act 1998.

PART 15 — AMENDMENTS OF THE 2005 ORDER

The local government auditor

108

(1) For Article 4 of the 2005 Order (local government auditors) there shall be substituted the following Article—

(4) (1) The Department may, with the consent of the Comptroller and Auditor General for Northern Ireland, designate a member of the staff of the Northern Ireland Audit Office as the local government auditor. (2) The local government auditor may make arrangements with the Comptroller and Auditor General for Northern Ireland for members of the staff of the Northern Ireland Audit Office to assist in the performance of the local government auditor's functions. (3) The Department may, with the consent of the Comptroller and Auditor General for Northern Ireland, designate a member of the staff of the Northern Ireland Audit Office to be known as the deputy local government auditor. (4) The deputy local government auditor has all the powers of the local government auditor but must exercise them subject to the direction and control of the local government auditor. (5) The local government auditor must in respect of each financial year— (a) prepare a report on the exercise of the local government auditor's functions in that year; and (b) send a copy of the report to each council and to the Department. (6) Any sums payable by the local government auditor in consequence of any liability for breach of duty (whether arising under a contract or otherwise) incurred in the performance of the local government auditor's functions are charged on and issued out of the Consolidated Fund.

(2) In Schedule 1 to the Audit (Northern Ireland) Order 1987 (The Northern Ireland Audit Office: supplementary provisions), in paragraph 2(1)(b) for the words from “Article 4” to the end substitute “ the discharge of the functions of the local government auditor ”.

(3) In this Part “the 2005 Order” means the Local Government (Northern Ireland) Order 2005.

Power to repeal provisions relating to surcharge, etc.

109

The Department may by order repeal—

(a) Articles 19 (declaration that item of account is unlawful) and 20 (recovery of amount not accounted for, etc.) of the 2005 Order;

(b) the words “or surcharge” in section 10(3) of the New Towns Act (Northern Ireland) 1965,

and amend Articles 18(1) and 23(2) of the 2005 Order in consequence.

Minor and consequential amendments

110

(1) In section 44 of the Interpretation Act (Northern Ireland) 1954 (definitions for local government purposes), in the definition of “local government auditor” for “a person” substitute “ the person ”.

(2) In section 10 of the New Towns Act (Northern Ireland) 1965 (accounts of new town commissions, and audit)—

(a) in subsection (3) for “a local government auditor designated by the Ministry for that purpose” and “the auditor” substitute “ the local government auditor ”;

(b) in subsection (4) for “a local government auditor” substitute “ the local government auditor when ”.

(3) In Schedule 3 to the Local Government Act (Northern Ireland) 1972 (Staff Commission), in paragraph 12 for “a local” substitute “ the local ”.

(4) Schedule 7 (which contains minor and consequential amendments of the 2005 Order) has effect.

PART 16 — MISCELLANEOUS

Guidance

111

(1) The Department may issue guidance to councils for the purposes of this Act.

(2) Before issuing any 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 must have regard to any guidance issued under this section.

Rates

Transitional rate relief in consequence of changes in local government districts

112

(1) Article 33A of the Rates (Northern Ireland) Order 1977 (transitional rate relief) is amended as follows.

(2) In paragraph (1), for the words “this Article” there shall be substituted the words “ paragraph (2) ”.

(3) In paragraph (2), for the word “Article” there shall be substituted the word “ paragraph ”.

(4) After paragraph (2) there shall be inserted the following paragraphs—

(2A) Where paragraph (2B) applies, the Department may, by order subject to negative resolution,— (a) provide for such provisions of this Order as may be specified in the order not to apply or apply subject to modifications specified in the order; and (b) provide for so much of the amount of the sum chargeable in respect of rates due in respect of any hereditament as relates to a district rate to be such as is determined in accordance with rules specified in the order. (2B) This paragraph applies if it appears to the Department necessary or expedient to make provision under paragraph (2A) in connection with changes to local government districts (including changes before the commencement of section 112(4) of the Local Government Act (Northern Ireland) 2014). (2C) The Department must within two years of the making of an order under paragraph (2A) lay before the Assembly a report on the operation of any transitional rate relief scheme under that paragraph including— (a) the Department's assessment of the likely or actual percentage increase in district rates payable by ratepayers in each affected district as a consequence of the termination of the scheme; and (b) consideration of possible further mitigating measures.

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

113

In Article 1 of the Local Government (Boundaries) Order (Northern Ireland) 2012 (SR 2012 No 421) (citation and commencement), in paragraph (4) (commencement for the purposes of making and levying rates), for the words from the beginning to “come into effect on” there shall be substituted the words “ This Order does not apply for the purposes of making and levying of rates, as provided in Part II of the Rates (Northern Ireland) Order 1977, in relation to a year beginning before ”.

Transferred functions grant

114

(1) In the Local Government Finance Act (Northern Ireland) 2011, after section 27 (rates support grant) there shall be inserted the following section—

(27A) (1) The Department shall for any prescribed financial year make a grant under this section to councils. (2) In this section “transferred functions grant” means the grant payable under this section for any financial year. (3) The transferred functions grant is payable only to a council which is a new council within the meaning of Part 2 of the Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010. (4) The amount of the transferred functions grant payable to a council for any financial year is the amount equal to the difference between— (a) the amount of the product of the district rate for that year (within the meaning of the Rates (Northern Ireland) Order 1977) so far as it relates to the rateable net annual values of the hereditaments in the district of that council; and (b) the amount which would have been the amount of that product if the total of the rateable net annual values of the hereditaments in the district of that council had been increased by a prescribed amount. (5) Subsection (4) is subject to section 28 (reductions in grants) and to section 63(4) of the Local Government Act (Northern Ireland) 2014. (6) Payments in respect of transferred functions grant shall be made to a council at such times as the Department may determine.

(2) In section 28 of that Act (reductions in grants), in subsections (2)(a) and (6)(b) and in the heading for “or 27” there shall be substituted “ , 27 or 27A ”.

Contracts and disposals

Exclusion of non-commercial considerations

115

In Article 19 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (council contracts: exclusion of non-commercial considerations), after paragraph (6) there shall be added the following paragraphs—

(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. (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.

Control of disposals and contracts of existing councils and their finances

116

(1) Chapter 2 of Part 2 of the Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010 (control of disposals and contracts of existing councils) is amended as follows.

(2) At the end of the heading to Chapter 2 there shall be added the words “ AND THEIR FINANCES ”.

(3) In section 10 (control of disposals and contracts of existing councils)—

(a) at the end of the heading there shall be added the words “ and their finances ”;

(b) in subsection (1), after the words “consent of” there shall be added the words “ its successor council or ”;

(d) borrow any sum exceeding a specified sum (or any sums exceeding in total any specified sum); (e) reduce any financial reserve of a specified description below a specified limit.

;

(d) in subsection (3), after the words “consent of” there shall be inserted the words “ a successor council or ”.

(4) In section 11 (directions: supplementary), in subsection (4)(b) after the words “council concerned and ” there shall be inserted the words “ its successor council or ”.

(5) In section 13 (referral to Department where consent refused or granted subject to conditions)—

(a) in subsection (1)—

(i) in paragraph (a), after the words “consent of” there shall be inserted the words “ a successor council or ”;

(ii) in paragraph (b), after the words “refused by” there shall be inserted the words “ the successor council or ”;

(b) in subsection (2), after the words “decision of” there shall be inserted the words “ the successor council or ”;

(d) in subsection (4)(a), after the words “made by the” there shall be inserted the words “ successor council or ”.

Payments for special purposes etc.

Payments for special purposes and public appeals

117

In the Local Government Finance Act (Northern Ireland) 2011 the following provisions cease to have effect—

(a) section 37 (payments for special purposes);

(b) section 38 (restrictions on power to make payments under section 37); and

Persons ceasing to hold office and unqualified person

Persons ceasing to hold office

118

(1) A person who ceases to hold any office under this Act is, unless the person is not qualified or is disqualified, eligible to hold that office again.

(2) In subsection (1) “office” includes a position of responsibility.

(3) Subsection (1) does not apply if the person is not qualified or is disqualified to be elected or to be a councillor.

Validity of acts done by unqualified person

119

(1) The validity of anything done by the holder of an office under this Act is not affected by that person not being qualified or being disqualified to be elected or to be a councillor.

(2) In subsection (1) “office” includes a position of responsibility.

Power to dissolve Local Government Staff Commission

Power to dissolve the Local Government Staff Commission for Northern Ireland

120

In section 40 of the Local Government Act (Northern Ireland) 1972 (Staff Commission), after subsection (8) there shall be added the following subsection—

(9) The Department may by order make provision for, and in connection with, the dissolution of the Staff Commission and such an order may— (a) provide for the transfer of the functions, assets and liabilities of the Staff Commission to any other body or person; and (b) contain such incidental, consequential, transitional or supplementary provisions (including the modification or repeal of any statutory provision (including a provision of this Act)) as appear to the Department to be necessary or expedient. (10) An order must not be made under subsection (9) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

Insurance

Insurance against accidents to councillors

121

(1) A council may insure against risks of a councillor meeting with a personal accident, whether fatal or not, while the councillor is engaged on the business of the council.

(2) Any sum received by the council under any such insurance must, after deduction of any expenses incurred in its recovery, be paid by the council to, or to the personal representatives of, the councillor in respect of an accident to whom that sum is received.

(3) The provisions of the Life Assurance Act 1774 as extended by the Life Insurance (Ireland) Act 1866 does not apply to any insurance under this section.

(4) In this section—

“council” includes a joint committee;

“councillor” includes a member of a committee or sub-committee of a council or a joint committee, whether the member is a member of the council or not;

“insurance” means a contract with any person whereby, in consideration of payments by the council by way of premium or otherwise, that person undertakes to pay to the council such sums as may be provided in the contract on the occurrence of a particular event.

Transfer schemes

Schemes for transfers of assets and liabilities

122

(1) The power conferred by subsection (4) is exercisable where it appears to any Northern Ireland department necessary or expedient as mentioned in section 124(1) or (2).

(2) Any Northern Ireland department may make one or more schemes for the transfer of designated assets or liabilities of that department or a local government body to a local government body.

(3) The power conferred by subsection (6) is exercisable by the Department for Social Development if it appears to that department necessary or expedient as mentioned in section 124(2).

(4) The Department for Social Development may make one or more schemes for the transfer of designated assets or liabilities of the Northern Ireland Housing Executive to a local government body.

(5) The Department of Culture, Arts and Leisure may make one or more schemes for the transfer of designated assets or liabilities of the Board of Trustees of the National Museums and Galleries of Northern Ireland relating to Armagh County Museum to the council for the district of Armagh, Banbridge and Craigavon.

(6) On the transfer date the designated assets or liabilities are transferred and vest in accordance with the scheme.

(7) Schedule 8 has effect.

(8) In this section “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme.

(9) In this section and Schedule 8—

“scheme” means a scheme under this section;

“the transfer date”, in relation to a scheme, means the date specified by the scheme as the date on which it is to have effect.

(10) In this section and Schedule 8 “local government body”—

(a) in relation to a transfer from a local government body does not include a successor council; and

(b) in relation to a transfer to a local government body does not include an existing council.

Compensation for loss of office or diminution of emoluments

123

(1) This section applies to any person who at any time after the date on which this Act receives Royal Assent—

(a) is employed by a local government body; and

(b) suffers loss.

(2) In this section—

“local government body” includes the Local Government Staff Commission and a council whenever established;

“loss” means loss of employment or loss or diminution of emoluments which is attributable to any provision made by or under—this or any other Act mentioned in subsection (1) of section 124;any transfer of functions or any statutory provision falling within paragraph (a) or (b) of subsection (2) of that section.

(3) Compensation in respect of loss suffered by a person to whom this section applies is, subject to subsection (5), to be paid only in accordance with regulations made for the purposes of this section under Article 19 of the Superannuation (Northern Ireland) Order 1972; and accordingly no local government body is to pay any such compensation under any other statutory provision, by virtue of any provision in a contract or otherwise.

(4) Subsection (3) does not preclude the payment of compensation if it forms part of a severance arrangement which has been sanctioned by the Department. The Department must satisfy itself that the arrangement is reasonable.

(5) Subsection (3) does not preclude the making of any payment to which a person is entitled by virtue of contractual rights acquired by the person before 12th June 2012.

(6) Regulations under Article 19 of the Superannuation (Northern Ireland) Order 1972 must not provide compensation for a person to whom this section applies in respect of any loss so far as attributable to the termination on or before 1st April 2015 of a contract made after 12th June 2012 which provides for the employment of that person for a fixed term extending beyond the abolition date.

(7) For the purpose of determining under Article 173 or 176 of the Employment Rights (Northern Ireland) Order 1996—

(a) whether the provisions of a new contract offered to a person employed by a local government body differ from the corresponding provisions of the previous contract; and

(b) whether employment under the new contract is suitable in relation to that person,

there is to be treated as forming part of the remuneration payable under the new contract any compensation to which that person is or, if the person accepted the offer, would be entitled in accordance with this section.

(8) Except as provided in subsection (7), nothing in this section is to be construed as affecting any entitlement to a redundancy payment under Part 12 of the Employment Rights (Northern Ireland) Order 1996 or to any payment by virtue of any provision of the Superannuation (Northern Ireland) 1972 other than Article 19 of that Order.

Provisions for the purposes of this Act and other purposes

Supplementary and transitional provisions for the purposes of this Act and other purposes

124

(1) The Department may by regulations make such incidental, consequential, transitional or supplemental provision as appears to the Department to be necessary or expedient for the purposes of, or otherwise in connection with—

(a) this Act;

(b) the Local Government (Boundaries) Act (Northern Ireland) 2008; or

(2) Any Northern Ireland department may by regulations make such incidental, consequential, transitional or supplemental provision as appears to that department to be necessary or expedient for the purposes of, or otherwise in connection with—

(a) any transfer of functions to a local government body, whether they are functions of that department or not, coming into operation on or before 1st April 2015; or

(b) any statutory provision coming into operation on or before 1st April 2015 which confers functions on a local government body, whether this is expressed as transfer of functions or not.

(3) In this section “local government body” includes the Northern Ireland Housing Executive.

(4) Nothing in this section is to be taken as limiting the generality of any other statutory provision (including a provision of this Act) and nothing in any other statutory provision (including a provision of this Act) is to be taken as limiting the generality of this section.

(5) Regulations under this section which amend any statutory provision must not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

Council websites

125

The Department must by regulations specify a standard format for the domain names of council websites.

Supplementary

Interpretation

126

(1) In this Act—

“association” includes any body of persons, corporate or unincorporate;

“council” means a district council;

“councillor” means a member of a council;

“declaration” means declaration in writing;

“direction” means direction in writing;

“district” has the same meaning as in the Local Government Act (Northern Ireland) 1972;

“the Department” means the Department for Communities;

“elected” includes appointed, nominated or otherwise selected or returned;

“external representative”, in relation to a council, has the meaning given by section 10(4);

“government department” means a Northern Ireland department or a department of the Government of the United Kingdom;

“joint committee” means a joint committee appointed under section 11(1);

“local elector” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962;

“local government body” means a local government body within the meaning of Part 2 of the Local Government (Northern Ireland) Order 2005;

“notice” means notice in writing;

“owner” means the person for the time being receiving the rack rent of the land in connection with which the word is used, whether on that person's own account or as agent or trustee for any other person, or who would so receive it if the land were let at a rack rent;

“prescribed” means prescribed by regulations;

“public body” means a body (other than a council) established by or under any statutory provision;

“qualified majority” has the meaning given by section 40;

“regulations”, except in sections 100, 124 and 127 means regulations made by the Department;

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

(2) In this Act—

(a) references to a district, council, chair or deputy chair include references to, respectively, a borough, borough council, mayor or deputy mayor;

(b) references to a councillor, except in relation to the nomination or election of councillors, include references to an alderman, and

(c) references to, or any references which are to be construed as references to, a borough, borough council, mayor or deputy mayor include references to, respectively, a city, city council, lord mayor or deputy lord mayor.

(3) References in this Act to the consent or approval of any authority are references to consent or approval in writing.

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

Regulations and orders

127

(1) Before a Northern Ireland department makes regulations or orders to which this subsection applies it 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 it to be appropriate.

(2) Subsection (1) applies to any regulations and orders under this Act except regulations and orders under—

(a) section 1(2);

(b) section 30;

(d) section 100; or

(e) section 129.

(3) Regulations and orders to which this subsection applies must not be made unless a draft of the regulations or order has been laid before, and approved by a resolution of, the Assembly.

(4) Subsection (3) applies to regulations and orders which include provisions under—

(a) section 20;

(b) section 21;

(d) section 40;

(e) section 41;

(f) section 48;

(g) section 51;

(h) section 76;

(i) section 82;

(j) section 86;

(k) section 101;

(l) section 109;

(m) in Part 2 of Schedule 1, paragraph 11(3);

(n) paragraph 5 of Schedule 2.

(5) Except where otherwise provided, any other regulations under this Act and any other orders under this Act other than orders under sections 67, 106 and 129 are subject to negative resolution.

(6) Regulations and orders under this Act may contain such incidental, supplementary, consequential, transitional, transitory or saving provisions as the Northern Ireland department making them thinks necessary or expedient.

Minor and consequential amendments and repeals

128

(1) Schedule 9 (which contains minor and consequential amendments) has effect.

(2) The statutory provisions mentioned in the first column of Schedule 10 are repealed to the extent specified in the second column of that Schedule.

Commencement

129

(1) Subject to subsection (2), this Act comes into operation on such day or days as the Department may by order appoint.

(2) The following provisions come into operation on the day after the day on which this Act receives Royal Assent—

(a) this section;

(b) section 130.

Short title

130

This Act may be cited as the Local Government Act (Northern Ireland) 2014.

SCHEDULE 1

PART 1 — FILLING POSITIONS OF RESPONSIBILITY BY NOMINATION

Application of this Part

1

The following provisions of this Part apply unless at the first annual meeting after a local general election the council by resolution passed by a qualified majority decides that Part 2 applies.

Selection of positions of responsibility etc. by nominating officers

2

(1) At the first annual meeting of a council after a local general election the nominating officer of the party for which the formula in paragraph 3 gives the highest figure may select—

(a) a position of responsibility; and

(b) a term for which it may be held.

(2) The term selected must be a term beginning before the date of the next local general election and if the nominating officer selects the term beginning with the date of the meeting, the nominating officer must also nominate to hold the selected position of responsibility for the selected term a member of the council who stood in the name of the nominating officer's party when elected.

(3) If—

(a) the nominating officer does not exercise any function conferred by sub-paragraph (1) or (2) within a period specified in standing orders; or

(b) the person nominated under sub-paragraph (2) does not take up the selected position of responsibility within that period,

that function becomes exercisable by the nominating officer of the party for which the formula in paragraph 3 gives the next highest figure.

(4) Sub-paragraphs (1) to (3) must be applied as many times as may be necessary to secure that every position of responsibility has been selected (treating the holding of a position of responsibility for each term as a separate position of responsibility and disregarding any selection where sub-paragraph (3)(b) applies).

The formula

3

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

$$S 1 + M$where—S the number of members of the council who stood in the name of the party when elected;M the number of positions of responsibility (if any) which are held by such members of the council (treating the holding of a position of responsibility for each term as a separate position of responsibility).$

(2) If at the first annual meeting after a local general election the council by resolution passed by a qualified majority so decides, the formula in sub-paragraph (1) has effect as if M were doubled.

(3) Where the figures given by the formula for two or more parties are equal, each of those figures shall be recalculated with S being equal to the number of first preference votes cast for the party at the last local general election.

Vacancies

4

(1) Where a position of responsibility becomes vacant before the end of the term for which it is held, the nominating officer of the party on whose behalf the previous incumbent was nominated may nominate to hold the position of responsibility for the remainder of the term a member of the council who stood in the name of the party when elected.

(2) If—

(a) the nominating officer does not exercise the power conferred by sub-paragraph (1) within a period specified in standing orders; or

(b) a person nominated under sub-paragraph (1) does not take up the position of responsibility within that period,

the vacancy must be filled by applying paragraphs 2 and 3 within a period specified in standing orders.

Selection of members at subsequent annual meetings

5

(1) At each subsequent annual meeting each nominating officer of a party must select a member of the council who stood in the name of that party when elected to hold for the next term each position of responsibility selected by the nominating officer of that party under paragraph 2.

(2) In this paragraph—

“next term”, in relation to a subsequent annual meeting, means the term beginning with that meeting;

“subsequent annual meeting” means an annual meeting of the council after the annual meeting mentioned in paragraph 2(1) but before the next local general election.

(3) This paragraph does not apply in relation to a position of responsibility specified at section 6(1)(e) (member of a cabinet-style executive of the council) or section 6(1)(f) (external representative of the council).

New positions of responsibility

6

(1) Where a new position of responsibility arises after the annual meeting mentioned in paragraph 2(1), then at the next meeting of the council (which need not be an annual meeting) the nominating officer of the party for which the formula in paragraph 3 gives the highest figure may select a term beginning before the date of the next local general election for which the new position of responsibility may be held.

(2) The first term begins with the date of the meeting and if the nominating officer selects that term, the nominating officer must also nominate to hold the new position of responsibility for that term a member of the council who stood in the name of the nominating officer's party when elected.

(3) If—

(a) the nominating officer does not exercise any function conferred by sub-paragraph (1) or (2) within a period specified in standing orders; or

(b) the person nominated under sub-paragraph (2) does not take up the new position of responsibility within that period,

that function becomes exercisable by the nominating officer of the party for which the formula in paragraph 3 gives the next highest figure.

(4) Sub-paragraphs (1) to (3) must be applied as many times as may be necessary to secure that—

(a) each term has been selected for that position of responsibility; and

(b) in relation to the term beginning with the date of the meeting a person has taken up that position of responsibility.

PART 2 — FILLING POSITIONS OF RESPONSIBILITY BY ELECTION

Application of this Part

7

This Part applies only if the council so decides as mentioned in paragraph 1.

Election to positions of responsibility

8

At the first annual meeting of a council after a local general election the council must for each term elect a member of the council to hold each position of responsibility.

Vacancies

9

Where a position of responsibility becomes vacant before the end of the term for which it is held, then, unless standing orders otherwise provide, the council must at the next meeting of the council elect a member of the council to hold the position of responsibility for the remainder of the term.

New positions of responsibility

10

Where a new position of responsibility arises after the annual meeting mentioned in paragraph 8, the council must for each term elect a member of the council to hold that position of responsibility.

Method of election

11

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

(2) A single transferable vote is a vote—

(a) capable of being given so as to indicate the voter's order of preference for the candidates; and

(b) capable of being transferred to the next choice when the vote is not needed to give a prior choice the necessary quota of votes or when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for that person.

(3) The Department may by order make provision about elections under this Part or any matter relating to them.

PART 3 — CHAIRS AND DEPUTY CHAIRS

Chairs and deputy chairs of council and committees

12

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

(a) a chair of the council; and

(b) if the council so determines, a deputy chair of the council.

(2) Neither the chair nor the deputy chair of a council may hold any other position of responsibility while chair or deputy chair unless the position of responsibility falls within section 6(1)(f).

(3) In relation to each committee of a council there must be—

(a) a chair of the committee; and

(b) if the council so determines, a deputy chair of the committee.

(4) In sub-paragraph (3) “committee” includes “sub-committee”.

Chair of council continues until successor takes up office

13

(1) Until a successor takes up office the chair of a council continues—

(a) to hold office as chair of the council; and

(b) to be a member of the council, notwithstanding section 11(2)(c) of the 1962 Act (members of council retire on day after election day) if that provision would otherwise apply.

(2) Sub-paragraph (1) ceases to apply if the chair of the council resigns or is disqualified.

Chair of council ceases to hold office if absent from district

14

(1) The chair of a council who is continuously absent from the district of the council, except in case of illness, for a period exceeding three months, ceases as from the expiration of that period to hold office as chair.

(2) Where a person ceases to be chair of a council under sub-paragraph (1), the council must forthwith declare the office of chair vacant and publish a notice to that effect.

(3) The notice must be signed by the clerk of the council.

Deputy chair of council

15

(1) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chair in relation to the business of the council may be done by, to or before the deputy chair.

(2) Notwithstanding anything in section 18(3)(a) of the Interpretation Act (Northern Ireland) 1954, no function is exercisable by or in relation to a deputy mayor or a deputy lord mayor that is not exercisable by or in relation to any other deputy chair of a council.

PART 4 — GENERAL

Interpretation

16

(1) In this Schedule—

“1962 Act” means the Electoral Law Act (Northern Ireland) 1962;

“2000 Act” means the Political Parties, Elections and Referendums Act 2000;

“local general election” has the same meaning as in the 1962 Act;

“nominating officer”, in relation to a party, means—the person registered under the 2000 Act as the party's nominating officer; ora member of the council nominated by that person for the purposes of this Schedule;

“party” means a party registered under the 2000 Act in the Northern Ireland register (within the meaning of that Act);

“position of responsibility” means a position of responsibility mentioned in section 6(1);

“term” means the period between one annual meeting and another, subject to sub-paragraphs (6) to (8).

(2) References in this Part to a person who stood—

(a) in the name of a party; or

(b) in the name of two or more parties; or

when elected have the same meaning as in Part 3 of the 1962 Act by virtue of section 11 of that Act, subject to sub-paragraph (4).

(3) In this Part, in the case of a person who stood in the name of two or more parties when elected (“A”)—

(a) references to the nominating officer are to be taken as references to the nominating officers of each of the parties acting jointly; and

(b) for the purposes of references to a person having stood in the name of a party when elected, A is to be treated as having stood in the name of a separate party, which is neither of the parties in whose name the person stood when elected.

(4) A person who stood as an independent when elected is to be treated for the purposes of this Schedule—

(a) as having stood in the name of a party when elected; and

(b) as being the nominating officer of that party and the sole member of the council who stood in the name of that party when elected.

(5) In paragraph 3(3), in relation to a person who—

(a) is a member of the council by virtue of having filled a casual vacancy in the seat of a member of the council; and

(b) is treated by virtue of sub-paragraph (3)(b) or (4)(b) as having stood in the name of a party which is different from the party in whose name the person (“X”) elected to that seat at the last local general election stood (or is treated as having stood),

S is to be treated as equal to the number of first preference votes cast for the party in whose name X stood (or is treated as having stood) at the last local general election.

(6) If during a term all the members of the council retire by virtue of section 11(2)(c) of the 1962 Act, the term ends when the members of the council so retire.

(7) In this Schedule “term”, in relation to a member of a cabinet-style executive of the council, means the period beginning with the date of the meeting at which the member is nominated or elected, as the case may be, and ending when the members of the council retire by virtue of section 11(2)(c) of the 1962 Act.

(8) Subject to sub-paragraph (6), in this Schedule “term”, in relation to an external representative of the council, means the period for which that representative is nominated or elected to serve.

Cases where persons cease to hold positions of responsibility

17

(1) A person ceases to hold a position of responsibility if that person—

(a) resigns by notice in writing to the clerk of the council;

(b) ceases to be a member of the council otherwise than by virtue of section 11(2)(c) of the 1962 Act; or

(c) is dismissed by the nominating officer of the party in whose name the person stood when elected and the clerk of the council is notified of the dismissal.

(2) Paragraph 16(4)(b) does not apply for the purposes of sub-paragraph (1)(c).

SCHEDULE 2

Exclusion of positions of responsibility

1

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

Appointment of councillors to committees

2

(1) Where a council appoints a committee—

(a) the council must decide how many places on the committee must be filled by councillors, being at least two-thirds of the total number of places on that committee; and

(b) the nominating officer (within the meaning of Schedule 1) of each party may nominate as members of the committee the relevant number of councillors who stood in the name of that party when elected.

(2) The relevant number must be calculated in accordance with the formula—

$$S Q$where—S the number of councillors who stood in the name of the party when elected;Q the quota calculated in accordance with paragraph 3.$

(3) If the number produced by the formula (“N”) is not a whole number, that number must be rounded down to the nearest whole number (“W”).

(4) If insufficient members are nominated, the nominating officer of the party with the greatest remainder may nominate another councillor to be a member of the committee and so on until sufficient members have been nominated.

(5) In sub-paragraph (4) “remainder”, in relation to a political party, means N minus W.

(6) If the figures given by sub-paragraph (5) in relation to two or more parties are equal, the nominating officer of whichever of those parties is the party for which the greatest number of first preference votes was cast at the last local general election is to be treated as the nominating officer of the party with the greatest remainder for the purposes of sub-paragraph (4), then the nominating officer of whichever of those parties is the party for which the next greatest number of first preference votes was cast at the last local general election and so on.

Quota

3

(1) The quota for the purposes of paragraph 2 must be calculated in accordance with the formula in this paragraph.

(2) Subject to sub-paragraph (3), the formula is—

$$T C$where—T the number of councillors elected at the last local general election;C the number of places on the committee which must be filled by councillors (including the chair and any deputy chair).$

(3) If the council by resolution passed by qualified majority voting so decides, sub-paragraph (2) has effect as if the formula were—

$T C + 1 + 1$

Vacancies

4

Regulations may make provision in relation to the filling of vacancies on committees.

Appointment of more than one committee

5

Standing orders shall provide for the application of paragraphs 2 to 4 in circumstances where a council decides to appoint more than one committee.

Joint committees

6

Regulations may provide for paragraphs 2 to 4 to apply in relation to joint committees subject to such modifications as may be prescribed.

SCHEDULE 3

SCHEDULE 4

Voting rights schemes

1

(1) A council may permit a co-opted member of an overview and scrutiny committee of the council to vote at meetings of the committee.

(2) Permission under sub-paragraph (1) may only be given in accordance with a scheme made by the council.

(3) A scheme for the purposes of this paragraph may include—

(a) provision for a maximum or minimum in relation to the number of co-opted members of an overview and scrutiny committee entitled to vote at meetings of the committee, and

(b) provision for giving effect to any maximum or minimum established under head (a).

(4) The power to make a scheme for the purposes of this paragraph includes power to vary or revoke such a scheme.

(5) In this paragraph, references to a co-opted member, in relation to an overview and scrutiny committee of a council, are to a member of the committee who is not a member of the council.

Regulations

2

(1) The Department may by regulations make provision about the exercise of the powers under paragraph 1.

(2) Regulations under sub-paragraph (1) may, in particular, require schemes for the purposes of paragraph 1 (“voting rights schemes”)—

(a) to provide for permission to be given only by means of approving a proposal by the committee concerned;

(b) to provide for a proposal for the purposes of the scheme (“a scheme proposal”) to specify—

(i) the person to whom the proposal relates,

(ii) the questions on which it is proposed the person should be entitled to vote, and

(iii) the proposed duration of the person's entitlement to vote,

and to include such other provision about the form and content of such a proposal as the regulations may provide;

(c) to provide for a scheme proposal to be made only in accordance with a published statement of the policy of the committee concerned about the making of such proposals;

(d) to include such provision about the procedure to be followed in relation to the approval of scheme proposals as the regulations may provide.

(3) Regulations under sub-paragraph (1) may include provision for the notification to the Department by councils of the making, variation or revocation of voting rights schemes.

(4) The Department may by direction require a council to vary a voting rights scheme.

3

(1) A council which makes a scheme for the purposes of paragraph 1 must, while the scheme is in force, make copies of it available at its principal office at all reasonable hours for inspection by members of the public.

(2) If a council makes a scheme for the purposes of paragraph 1, or varies or revokes such a scheme, it must as soon as reasonably practicable after doing so publish in one or more newspapers circulating in its area a notice which complies with this paragraph.

(3) In the case of the making of a scheme, the notice under sub-paragraph (2) must—

(a) record the making of the scheme,

(b) describe what it does,

(d) specify—

(i) the address of that office, and

(ii) the times when the scheme is available for inspection there.

(4) In the case of the variation of a scheme, the notice under sub-paragraph (2) must—

(a) record the variation,

(b) describe what it does,

(d) specify—

(i) the address of that office, and

(ii) the times when the scheme is available for inspection there.

(5) In the case of the revocation of a scheme, the notice under sub-paragraph (2) must record the revocation.

SCHEDULE 5

Annual meetings

1

(1) A council must hold an annual meeting in June every year unless it is a local election year.

(2) In a local election year the annual meeting must be held within 21 days from the election day.

(3) The council may fix the time and the place at which the annual meeting is to be held.

(4) If the council does not fix a time, the annual meeting must be held at twelve noon.

(5) If the council does not fix a place, the annual meeting must be held at the offices of the council.

Other meetings for transaction of general business

2

The council may hold such other meetings as the council thinks necessary for the transaction of general business.

Convening meetings

3

The chair may call a meeting of the council at any time.

Requisition for meeting

4

(1) If a requisition from not less than five members of the council is served on the chair, the chair must call a meeting of the council to be held within 14 days from the date on which the requisition is served.

(2) If the chair—

(a) refuses to call a meeting of the council; or

(b) does not call a meeting of the council within seven days from the date on which the requisition is served,

not less than five members of the council may on that refusal or on the expiration of those seven days call a meeting of the council.

Notice of meeting and summons to attend

5

(1) At least three days before a meeting of the council—

(a) notice of the time and place of the intended meeting must be published at the offices of the council or on the council’s website; and

(b) a summons to attend the meeting must be served on every member of the council.

(2) If the meeting is called by members of the council, the notice under sub- paragraph (1)(a) must—

(a) be signed by them; and

(b) specify the business proposed to be transacted at the meeting.

(3) A summons under sub-paragraph (1)(b) must—

(a) be signed by the clerk of the council; and

(b) specify the business proposed to be transacted at the meeting.

(4) Failure to serve a summons under sub-paragraph (1)(b) does not affect the validity of a meeting.

Who presides at meetings

6

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

(2) If the chair of the council is absent, the deputy chair, if present, must preside.

(3) If neither the chair nor the deputy chair is present, a member of the council chosen by the members who are present must preside.

(4) No member of a council executive may preside at a meeting of the council.

(5) Sub-paragraphs (1) to (3) are subject to sub-paragraph (4).

Quorum

7

(1) Subject to sub-paragraph (2), no business may be transacted at a meeting of the council unless at least one-quarter of the whole number of members are present.

(2) Where more than one-quarter of the members become disqualified at the same time, then, until the number of members in office is increased to not less than three-quarters of the whole number of members, the quorum of the council is determined by reference to the number remaining qualified instead of by reference to the whole number of members.

Names of members present to be recorded

8

The names of the members present at a meeting of the council must be recorded.

Person authorised by the Department may attend meetings

9

A person who is authorised in writing by the Department to do so is entitled at the request or with the agreement of the council to attend any meeting of the council and take part in the proceedings at the meeting but may not vote.

Minutes

10

(1) Minutes of the proceedings of a meeting of the council must be signed at the same or the next suitable meeting of the council by the person presiding at that meeting if approved by the meeting at which they fall to be signed.

(2) Any minute purporting to be signed as mentioned in sub-paragraph (1) must be received in evidence without further proof.

(3) Until the contrary is proved—

(a) a meeting of a council in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph (1) must be taken to have been duly convened and held; and

(b) all the members present at the meeting must be taken to have been duly qualified.

Vacancies, etc., not to invalidate proceedings

11

The proceedings of a council are not invalidated by—

(a) any vacancy among its number; or

(b) any defect in the election or qualification of any of its members.

Committees, sub-committees and joint committees

12

Paragraphs 8 to 11 apply to a committee or sub-committee of a council and to a joint committee as they apply to the council but in relation to proceedings of a committee or sub-committee or of a joint committee paragraph 10(3) as applied by this paragraph has effect as if there were added—

“; and (c) where the proceedings are proceedings of a committee or sub-committee or of a joint committee, the committee or sub-committee or the joint committee must be taken to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

Interpretation

13

In this Schedule—

“election day”; and

“local election year”,

have the same meanings as in the Electoral Law Act (Northern Ireland) 1962; and “election” is to be construed in accordance with the definition of “elected” in the Local Government Act (Northern Ireland) 1972.

SCHEDULE 6

PART 1 — DESCRIPTIONS OF EXEMPT INFORMATION

1

Information relating to any individual.

2

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

3

Information relating to the financial or business affairs of any particular person (including the council holding that information).

4

Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the council or a government department and employees of, or office holders under, the council.

5

Information in relation to which a claim to legal professional privilege could be maintained in legal proceedings.

6

Information which reveals that the council proposes—

(a) to give under any statutory provision a notice by virtue of which requirements are imposed on a person; or

(b) to make an order or direction under any statutory provision.

7

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

PART 2 — QUALIFICATIONS

8

Information falling within paragraph 3 is not exempt information by virtue of that paragraph if it is required to be registered under—

(a) the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969;

(b) the Friendly Societies Act 1974;

(d) the Building Societies Act 1986;

(e) the Friendly Societies Act 1992;

(f) the Companies Acts (as defined in section 2 of the Companies Act 2006);

(g) the Charities Act (Northern Ireland) 2008.

9

Information which—

(a) falls within any of paragraphs 1 to 7; and

(b) is not prevented from being exempt by virtue of paragraph 8,

is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

PART 3 — INTERPRETATION

10

(1) In this Schedule—

“employee” means a person employed under a contract of service;

“financial or business affairs” includes contemplated, as well as past or current, activities;

“labour relations matter” means—any of the matters specified in sub-paragraphs (a) to (g) of Article 96(1) of the Industrial Relations (Northern Ireland) Order 1992 (matters which may be the subject of a trade dispute, within the meaning of Part 11 of that Order); orany dispute about a matter falling within paragraph (a) of this definition;and for the purposes of this definition the provisions mentioned in paragraph (a), with the necessary modifications, shall apply in relation to office-holders under the council as they apply in relation to employees of the council;

“office-holder”, in relation to the council, means the holder of any paid office appointments to which are or may be made or confirmed by the council or by any joint board on which the council is represented or by any person who holds any such office or is an employee of the council;

“registered”, in relation to information required to be registered under the Building Societies Act 1986, means recorded in the public file of any building society (within the meaning of that Act).

(2) Any reference in this Schedule to “the council” is a reference to the council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to—

(i) any constituent council;

(ii) any other council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a council falling within sub-head (i) or (ii); and

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any council which falls within head (b) in relation to that committee.

SCHEDULE 7

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

1

In Article 3 (audit of accounts of councils, etc.), in paragraph (1)(b) for the words from “a local government auditor” to the end substitute “ the local government auditor ”.

2

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

(2) In paragraph (1)—

(a) omit “chief”;

(b) for “auditors are to carry out their functions under this Part” substitute “ the functions of the local government auditor under this Part are to be carried out ”.

(3) In paragraph (2)—

(a) omit “chief”;

(b) for “auditors” substitute “ the local government auditor ”.

(4) In paragraphs (4), (5), (6) and (8) omit “chief”.

3

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

(2) In paragraph (1) for “a local” substitute “ the local ”.

(3) In paragraph (2) for “auditor” substitute “ local government auditor ”.

(4) In the heading for “local government auditors” substitute “ the local government auditor ”.

4

(1) Amend Article 7 (auditors' right to documents and information) as follows.

(2) In paragraph (1) for “A” substitute “ The ”.

(3) In paragraph (2) for “A” substitute “ The ”.

(4) In paragraph (3) before “auditor” insert “ local government ”.

(5) In paragraphs (4) and (5) for “an auditor” substitute “ the local government auditor ”.

(6) In paragraph (6)—

(a) for “a local” substitute “ the local ”;

(b) in sub-paragraph (a) before “auditor” insert “ local government ”.

(7) In paragraph (7) for “an auditor” substitute “ the local government auditor ”.

(8) In the heading for “Auditors' right” substitute “ Right ”.

5

In Article 8 (audit fees) for “local government auditors such fees as the Department” substitute “ the local government auditor such fees as the local government auditor ”.

6

(1) In Article 9 (immediate and other reports in the public interest) for “a local government auditor” substitute “ the local government auditor ”.

(2) In the cross-heading preceding that Article for “Auditors' reports” substitute “ Reports ”.

7

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

(2) In paragraph (1) for “a local” substitute “ the local ”.

(3) In paragraph (2) for “an auditor” substitute “ the local government auditor ”.

8

(1) Amend Article 11 (transmission and consideration of Article 9 reports) as follows.

(2) In paragraphs (1) and (2) before “auditor” insert “ local government ”.

9

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

(2) In paragraph (2)—

(a) in sub-paragraph (a) for “a local” substitute “ the local ”;

(b) in sub-paragraph (b) before “auditor” insert “ local government ”.

(3) In paragraph (5) for “an auditor” and “the auditor” substitute in each case “ the local government auditor ”.

10

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

(2) In paragraph (1)(b) for “an auditor's” substitute “the local government auditor's”.

(3) In paragraph (2)—

(a) in sub-paragraph (a) for “auditor of its accounts” substitute “ local government auditor ”;

(b) in sub-paragraph (b) before “auditor” insert “ local government ”.

11

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

(2) In paragraph (1) for “a local government auditor” substitute “ the local government auditor ”.

(3) In paragraph (5) before “auditor” insert “ local government ”.

12

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

(2) In paragraph (1) for “a local government auditor” substitute “ the local government auditor ”.

(3) In paragraph (3)(b) before “auditor” insert “ local government ”.

13

(1) Amend Article 16 (inspection of statements of accounts and auditors' reports) as follows.

(2) In paragraph (1)(b) for “a local” substitute “ the local ”.

(3) In the heading for “auditors'” substitute “auditor's”.

14

In Article 17 (inspection of documents and questions at audit), in paragraph (2) before “auditor” in both places where it occurs insert “ local government ”.

15

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

(2) In paragraph (1) before “auditor” in each place where it occurs insert “ local government ”.

(3) In paragraph (2) before “auditor” insert “ local government ”.

(4) In paragraph (3) for “an auditor” substitute “ the local government auditor ”.

16

(1) Amend Article 21 (power of auditor to apply for judicial review) as follows.

(2) In paragraph (1) for “a local government auditor” substitute “ the local government auditor ”.

(3) In paragraph (2) for “a local” substitute “ the local ”.

(4) In the heading before “auditor” insert “ the local government ”.

17

In Article 22 (extraordinary audits and inspections), in paragraph (1) for “a local” substitute “ the local ”.

18

In Article 23 (provision for the audit of accounts of officers), in paragraph (1) for “auditor of the accounts of that body” substitute “ local government auditor ”.

19

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

(2) In paragraph (1)—

(a) omit “chief”;

(b) in sub-paragraph (c) for “body's” substitute “ local government ”.

(3) In paragraph (2) for “Department” substitute “ local government auditor ”.

20

(1) Amend Article 26 (studies for improving economy, efficiency and effectiveness) as follows.

(2) In paragraph (1) for “A local government auditor shall, if required by the Department or the chief local government auditor,” substitute “ The local government auditor may and, if required by the Department, shall ”.

(3) In paragraph (2)—

(a) for the words from the beginning to “consult” substitute “ Before undertaking any study under paragraph (1) the local government auditor shall consult ”;

(b) omit “Department or the chief” in the second place where it occurs.

(4) In paragraph (3) omit “concerned”.

(5) For paragraph (4) substitute—

(4) Except in the case of a study required by the Department, the local government auditor shall publish or otherwise make available— (a) the results of the study; and (b) any recommendations made by the local government auditor as a result of the study.

21

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

(2) In paragraph (1) for “an auditor” substitute “ the local government auditor ”.

(3) In paragraph (2)(b) for “an auditor” substitute “ the local government auditor ”.

SCHEDULE 8

Transfer of assets and liabilities

1

(1) A scheme—

(a) may provide for the transfer of assets and liabilities which would not otherwise be capable of being transferred;

(b) accordingly has effect in relation to assets or liabilities to which it applies in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer of those assets or liabilities;

(2) A scheme may define the assets and liabilities to be transferred by specifying or describing them (including describing them by reference to a specified part of the transferor's undertaking).

(3) A certificate issued by the Northern Ireland department concerned that any assets or liabilities specified in the certificate have vested in any body by virtue of a scheme is conclusive evidence for all purposes of that fact.

(4) In this Schedule, in relation to any assets or liabilities transferred by a scheme—

“transferor” means the body from which those assets or liabilities are transferred; and

“transferee” means the body to which those assets or liabilities are transferred.

Transfer of staff

2

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