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

SCHEDULES

Regulation 2(4)

SCHEDULE 1 Provisions of local government legislation not applied to new councils during the transitional period

Table 1

Column 1 Act/Order	Column 2 Section/Article	Column 3 Title
2005 Order	29	Powers of district councils in relation to emergencies
2010 Act	21	Acquisition of land otherwise than by agreement
2010 Act	22	Exercise of waste management functions of councils
2010 Act	23	Application of certain provisions to certain joint committees constituted as bodies corporate
2011 Act	6	Reserves – general
2011 Act	7	Controlled reserves
2011 Act	26	De-rating grant
2011 Act	27	Rates support grant
2011 Act	28	Reductions in grants under section 26 or 27
2011 Act	37	Payments for special purposes
2011 Act	38	Restrictions on power to make payments under section 37
2011 Act	39	Public appeals
2011 Act	40	Limit on expenditure under sections 37 and 39
2014 Act	111(2)	Guidance
2014 Act	Schedule 1, paragraph 15(2)	Deputy chair of council
2014 Act	Schedule 5, paragraphs 1(1) and 1(2)	Annual meetings

Regulation 2(5)

SCHEDULE 2 Provisions of local government legislation not applied to existing councils during the transitional period

Table 2

Column 1 Act	Column 2 Section	Column 3 Title
2011 Act	3(1) and 3(2)	Annual budget
2011 Act	4	Report by chief financial officer on estimates
2014 Act	103(4)	Partnership Panel

Regulation 7(1)

SCHEDULE 3 Mandatory Provisions in Standing Orders

Interpretation

1.  For the purposes of paragraphs 2 to 4—

“call-in” means a requisition for the reconsideration of a decision as provided for in section 41(1) of the 2014 Act.

“party” means a party registered under the Political Parties, Elections and Referendums Act 2000(1) (within the meaning of that Act);

“nominating officer” means—

(a)

a person registered as a party’s nominating officer in accordance with section 24(1)(b) of the Political Parties, Elections and Referendums Act 2000; or

(b)

a councillor nominated by that person for the purposes of Schedule 1 to the 2014 Act.

PART 1 Voting

Standing order – decisions to be taken by a qualified majority

2.  A qualified majority shall be required in relation to a council’s decision on—

(a) a call-in made in accordance with section 41(1)(b) of the 2014 Act; and

(b) the suspension of standing orders.

PART 2 Appointment of Councillors to Committees

Standing order – appointment of more than one committee

3.  Where a council appoints more than one committee at the same meeting in accordance with paragraph 5 of Schedule 2 to the 2014 Act, for the purposes of determining the number of places that must be allocated across the parties and independent members of that council, it shall agree—

(a) the number of committees to be appointed; and

(b) the number of councillors that shall constitute the membership of each committee.

Nomination

4.—(1) The total number of places to which a nominating officer of a party may nominate councillors who stood in the name of that party when elected must be calculated in accordance with paragraphs 2 to 4 of Schedule 2 to the 2014 Act and any resolution of the council made thereunder.

(2) A nominating officer’s function under paragraph 2(1)(b) of Schedule 2 to the 2014 Act shall be exercised in such a manner as to ensure that—

(a) all members of a committee are not nominated by the same nominating officer;

(b) a nominating officer of a party may nominate councillors who stood in the name of that party to fill the majority of places on a committee, if the majority of councillors stood in the name of that party; and

(c) subject to heads (a) and (b), the number of councillors nominated by each nominating officer of a party, in so far as is reasonably practicable, bears the same proportion to the number of places on that committee as is borne by the number of councillors who stood in the name of that party.

(3) Nominations made in accordance with sub-paragraph (2) shall take into account any positions of responsibility on a committee held by a councillor who stood in the name of a party.

(1)

2000 c. 41.