Local Government Act (Northern Ireland) 1972

[F1 Procedure for Commissioner appointed under section 50(4) N.I.

F1 Schedule 4 substituted (17.5.2006) by Local Government (Boundaries) (Northern Ireland) Order 2006 (S.I. 2006/1253 (N.I. 8)), arts. 1(2), 4(2), Sch. 1

8 N.I. –

(1) This paragraph applies where a Commissioner is appointed under section 50(4).

(2) As soon as practicable after his appointment, the Commissioner shall—

(a) make a public announcement to the effect that he has commenced his task; and

(b) invite proposals, including proposals for modifying the proposals he has been appointed to consider, from councils, political parties, associations, organisations and individual members of the public.

(3) The Commissioner shall also publish in at least two newspapers circulating in the district a notice-

(a) setting out the proposals he has been appointed to consider or specifying places and times at which copies of the proposals may be inspected; and

(b) stating that representations in writing with respect to the proposals may, within the relevant period, be made to the Commissioner in the manner specified in the notice.

(4) Where the period specified in a notice under paragraph (3) in relation to a district has elapsed, the Commissioner may, after giving public notice thereof, cause a public hearing to be held in that district in respect of the proposals in question.

(5) Where the Commissioner receives any representations duly made in accordance with the notice under sub-paragraph (3) objecting to the proposals he has been appointed to consider-

(a) from the council of the district, or

(b) from not less than 100 local electors registered by virtue of a qualifying address in the district,

the Commissioner shall not recommend the implementation of the proposals, unless, since the publication of the notice, a public hearing such as is mentioned in sub-paragraph (4) has been held in the district.

(6) The Commissioner may cause additional public hearings to be held in such manner as he may direct.

(7) The Commissioner—

(a) shall take into consideration the representations, if any, made in accordance with a notice published under sub-paragraph (3) or at a hearing under sub-paragraph (4) or (6); and

(b) may provisionally determine to recommend modification of the proposals.

(8) Where the Commissioner provisionally determines to recommend modification of the proposals with respect to a district or the wards within a district, he may if he thinks fit publish in at least two newspapers circulating in that district a notice-

(a) setting out the revised proposals or specifying places and times at which copies of the revised proposals may be inspected; and

(b) stating that representations in writing with respect to the revised proposals may, within the relevant period, be made to the Commissioner in the manner specified in the notice;

and, if the Commissioner does so, he shall take into consideration any representations made in accordance with the notice.]