Search Legislation

Local Government Act (Northern Ireland) 2014

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Local Government Act (Northern Ireland) 2014, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 6(3).

SCHEDULE 1N.I.POSITIONS OF RESPONSIBILITY

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

PART 1N.I.FILLING POSITIONS OF RESPONSIBILITY BY NOMINATION

Application of this PartN.I.

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.N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 1 para. 1 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Selection of positions of responsibility etc. by nominating officersN.I.

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—N.I.

(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).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 1 para. 2 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

The formulaN.I.

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

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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 1 para. 3 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

VacanciesN.I.

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.N.I.

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 1 para. 4 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Selection of members at subsequent annual meetingsN.I.

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.N.I.

(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).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 1 para. 5 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

New positions of responsibilityN.I.

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.N.I.

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 1 para. 6 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

PART 2N.I.FILLING POSITIONS OF RESPONSIBILITY BY ELECTION

Application of this PartN.I.

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

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 1 para. 7 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Election to positions of responsibilityN.I.

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.N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 1 para. 8 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

VacanciesN.I.

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.N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 1 para. 9 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

New positions of responsibilityN.I.

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.N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 1 para. 10 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Method of electionN.I.

11—(1) Elections under this Part must be by single transferable vote.N.I.

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 1 para. 11 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

PART 3N.I.CHAIRS AND DEPUTY CHAIRS

Chairs and deputy chairs of council and committeesN.I.

12—(1) In relation to each council there must be—N.I.

(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”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 1 para. 12 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Chair of council continues until successor takes up officeN.I.

13—(1) Until a successor takes up office the chair of a council continues—N.I.

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I13Sch. 1 para. 13 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Chair of council ceases to hold office if absent from districtN.I.

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.N.I.

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I14Sch. 1 para. 14 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Deputy chair of councilN.I.

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.N.I.

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15Sch. 1 para. 15 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

PART 4N.I.GENERAL

InterpretationN.I.

16—(1) In this Schedule—N.I.

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—

(a)

the person registered under the 2000 Act as the party's nominating officer; or

(b)

a 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

(c)as an independent,

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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I16Sch. 1 para. 16 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Cases where persons cease to hold positions of responsibilityN.I.

17—(1) A person ceases to hold a position of responsibility if that person—N.I.

(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).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I17Sch. 1 para. 17 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources