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Local Government Act (Northern Ireland) 2014

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 6(3).

SCHEDULE 1POSITIONS OF RESPONSIBILITY

PART 1FILLING 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—

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 2FILLING 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 3CHAIRS 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 4GENERAL

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—

(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.

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).

Section 13.

SCHEDULE 2APPOINTMENT OF COUNCILLORS TO COMMITTEES, ETC.

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—

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—

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—

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.

Section 16.

SCHEDULE 3DECLARATION ON APPOINTMENT TO COMMITTEE OF PERSON WHO IS NOT A COUNCILLOR

Section 28(5).

SCHEDULE 4OVERVIEW AND SCRUTINY COMMITTEES: VOTING RIGHTS OF CO-OPTED MEMBERS

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,

(c)state that copies of it are available for inspection at the principal office of the council, and

(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,

(c)state that copies of the scheme as varied are available for inspection at the principal office of the council, and

(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.

Section 36.

SCHEDULE 5MEETINGS AND PROCEEDINGS

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; 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.

Section 51.

SCHEDULE 6ACCESS TO INFORMATION: EXEMPT INFORMATION

PART 1DESCRIPTIONS 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 2QUALIFICATIONS

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 Industrial and Provident Societies Act (Northern Ireland) 1969;

(b)the Friendly Societies Act 1974;

(c)the Credit Unions (Northern Ireland) Order 1985;

(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 3INTERPRETATION

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—

(a)

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); or

(b)

any 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

(c)in the case of a sub-committee, to—

(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.

Section 110.

SCHEDULE 7MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO LOCAL GOVERNMENT AUDIT

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”.

Section 122(7).

SCHEDULE 8TRANSFER SCHEMES

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;

(c)may contain supplementary, incidental, transitional and consequential provisions.

(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.—(1) This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.

(2) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to the transfer whether or not the transfer would, apart from this paragraph, be a relevant transfer for the purposes of the regulations.

(3) The scheme shall—

(a)in relation to each transferee, identify the transferring employees (whether by name or otherwise);

(b)include provision securing pension protection for such employees;

(c)include provision for procedures designed to resolve any grievances of such employees arising in relation to matters dealt with by the scheme; and

(d)include provision for the payment of compensation by the transferee to any such employee who suffers loss or detriment in consequence of the scheme.

(4) Before making the scheme the Northern Ireland department concerned must consult—

(a)in the case of a scheme which identifies transferring employees by name, those employees; and

(b)in the case of a scheme which identifies transferring employees in any other way, such persons as appear to the department to be representative of transferring employees.

(5) For the purposes of this paragraph—

(a)“pension protection” is secured for a transferring employee if after the change of employer effected by the scheme the employee has, as an employee of the transferee, rights to acquire pension benefits and those rights are the same as or (taken as a whole) no less favourable than those that the transferring employee had as an employee of the transferor;

(b)“transferring employee” means an employee whose contract of employment becomes, by virtue of sub-paragraph (2), a contract of employment with a transferee; and

(c)employment in the Northern Ireland civil service for the purposes of a government department is to be treated as employment by that department under a contract of employment (and the terms of that employment are to be regarded as constituting the terms of that contract).

(6) Procedures under sub-paragraph (3)(c) must involve consideration of grievances by a person other than—

(a)a member, or member of staff, of a transferor or transferee; or

(b)a member of staff of the Northern Ireland department concerned.

Continuity

3.—(1) In any statutory provision or document—

(a)which relates to anything transferred by virtue of the scheme, and

(b)which is in effect immediately before the transfer date,

any reference to the transferor is, in relation to any time after the transfer date, to be construed as a reference to the transferee.

(2) Sub-paragraph (1) applies unless contrary provision is made by or under this Act or the context otherwise requires.

(3) A transfer by virtue of a scheme does not affect the validity of anything done by, or in relation to, the transferor before the transfer date.

(4) Anything which—

(a)before the transfer date was done by or in relation to the transferor for the purposes of or otherwise in connection with anything transferred by virtue of a scheme, and

(b)is in effect immediately before the transfer date,

continues to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to, the transferee.

(5) Anything (including any legal proceedings) which—

(a)relates to anything transferred by virtue of a scheme, and

(b)is in the process of being done by or in relation to the transferor immediately before the transfer date,

may be continued by or in relation to the transferee.

Section 128(1).

SCHEDULE 9MINOR AND CONSEQUENTIAL AMENDMENTS: GENERAL

Local Government Act (Northern Ireland) 1972 (c.9)

1.  In section 9 (vacation of office on account of non-attendance)—

(a)in subsection (1), for “and (3)” substitute “to (4)”;

(b)after subsection (3) add—

(4) Any period during which a councillor is suspended or partially suspended under Part 9 of the Local Government Act (Northern Ireland) 2014 is to be disregarded for the purpose of calculating the period of six months under subsection (1) (and accordingly—

(a)a period during which a councillor fails to attend meetings of the council that falls immediately before, and

(b)a period during which a councillor fails to attend meetings of the council that falls immediately after,

a period of suspension or partial suspension are to be treated as consecutive)..

2.  In section 42 (councillors not to be appointed officers)—

(a)after “paid office” insert “which is prescribed under section 4(1)(a)”;

(b)omit subsection (2).

3.  In section 143 (orders and regulations), for “115(2A)” substitute “4(1)(a) or 115(2A)”.

4.  In Part 1 of Schedule 1 (declaration of councillor on acceptance of office), for “be guided by the Northern Ireland code of local government conduct” substitute “observe the Northern Ireland Local Government Code of Conduct for Councillors (as revised from time to time)”.

Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)

5.  In Article 2(2) (interpretation), in the definition of “joint committee” for the words from “means” to the end substitute “has the same meaning as in the Local Government Act (Northern Ireland) 2014”.

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

6.—(1) In Article 12(7) (consideration of reports or recommendations), for “18, 19 or 47A of the principal Act” substitute “7 or 9 of the Local Government Act (Northern Ireland) 2014”.

(2) In Article 13(3) (publicity for meeting under Article 12)—

(a)for “section 23 of the principal Act” substitute “section 42 of the Local Government Act (Northern Ireland) 2014”.

(b)for “section 121” substitute “section 44”.

Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010 (c.7)

7.  In section 17 (power to modify legislation), in subsection (2) in the definition of “local government legislation”, after paragraph (cc) insert—

(cd)the Local Government Act (Northern Ireland) 2014;.

Planning Act (Northern Ireland) 2011 (c. 25)

8.  In section 79(4) (land belonging to councils and development by councils), for “47A of the Local Government Act (Northern Ireland) 1972” substitute “6 of the Local Government Act (Northern Ireland) 2014 so far as it relates to an officer of the council”.

Section 128(2).

SCHEDULE 10REPEALS

Short TitleExtent of repeal
The Local Government Act (Northern Ireland) 1972 (c. 9)In section 4(1)(b)(i) and (ii), the words “or interim order”.
Section 7A.
Sections 11 to 27.
Sections 34 and 35.
Section 39.
Section 42(2).
Section 47A.
In section 104(1), the words “any other council or”, and in both places where they occur the words “the other council or, as the case may be,”.
Section 121.
Sections 127 to 129.
Schedule 2.
In Schedule 7, the entries relating to sections 23, 24, 25, 26, 27, 39, 47A, 48, 127 and 128.
The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (NI 6)Article 29(1).
Articles 31 to 33.
Article 36(3).
The Local Government (Best Value) Act (Northern Ireland) 2002 (c.4)The whole Act.
The Local Government (Northern Ireland) Order 2005 (NI 18)In Article 5(1), (2), (4), (5), (6) and (8), the word “chief”,
In Article 25(1), the word “chief”.
In Article 26, in paragraph (2) the words “Department or the chief” in the second place where they occur and in paragraph (3) the word “concerned”.
Article 28(2).
The Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010 (c. 7)In section 2(6), the words “and audit reviews”.
In section 5, in subsection (1) paragraph (b) and the immediately preceding “or”, in subsection (2) paragraph (b) and the immediately preceding “or”, in subsection (3) the words “or an audit review”, and in the heading the words “and audit reviews”.
In section 6, in subsection (1) paragraph (b) and the immediately preceding “or” and in subsection (2)(c) the words “or an audit review”.
In section 7, in subsection (1)(a) the words “or an audit review” and in subsection (3) the words “or an audit review”.
In section 8, the definition of “an audit review”.
In section 13(3), the words “of a statutory transition committee”.
The Local Government Finance Act (Northern Ireland) 2011 (c. 10)Sections 37 and 38.
In section 39, the words “Subject to section 40,”.
Section 40.

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