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 5. 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 36.

SCHEDULE 5N.I.MEETINGS AND PROCEEDINGS

Annual meetingsN.I.

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

(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.

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)

Commencement Information

I1Sch. 5 para. 1 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Other meetings for transaction of general businessN.I.

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

I2Sch. 5 para. 2 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Convening meetingsN.I.

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

I3Sch. 5 para. 3 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Requisition for meetingN.I.

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.N.I.

(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.

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

Notice of meeting and summons to attendN.I.

5—(1) At least three days before a meeting of the council—N.I.

(a)notice of the time and place of the intended meeting must be published at the offices of the council; 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.

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

Who presides at meetingsN.I.

6—(1) The chair of the council, if present, must preside.N.I.

(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).

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

QuorumN.I.

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.N.I.

(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.

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

Names of members present to be recordedN.I.

8  The names of the members present at a meeting of the council must be recorded.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. 5 para. 8 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Person authorised by the Department may attend meetingsN.I.

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

MinutesN.I.

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.N.I.

(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.

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)

C3Sch. 5 para. 10(3) applied (with modifications) (2.6.2014 for specified purposes) by Local Government Act (Northern Ireland) 2014 (c. 8), s. 129, Sch. 5 para. 12 (with s. 124(4)); S.R. 2014/153, art. 3, Sch. 2

Commencement Information

I10Sch. 5 para. 10 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, Sch. 2

Vacancies, etc., not to invalidate proceedingsN.I.

11  The proceedings of a council are not invalidated by—N.I.

(a)any vacancy among its number; or

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

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

Committees, sub-committees and joint committeesN.I.

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—N.I.

“; 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..

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

InterpretationN.I.

13  In this Schedule—N.I.

  • “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.

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. 5 para. 13 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