Local Government Act (Northern Ireland) 2014

Power of any Northern Ireland department to intervene in case of default by council

106.—(1) This section applies where a Northern Ireland department (“the relevant department”), after causing a local or other inquiry to be held or an investigation to be made, is satisfied that a council has failed to discharge any of its functions.

(2) The relevant department may make an order—

(a) declaring the council to be in default; and

(b) directing the council for the purpose of remedying the default, to take such action, within such period, as is specified in the order.

(3) If an order under subsection (2) is not complied with, the relevant department may by order empower an officer of the relevant department to exercise, or procure the exercise of, the function in question.

(4) Any costs incurred by the relevant department or its officer under an order made under subsection (3) must, in the first instance, be defrayed as expenses of the relevant department, but—

(a) the amount of those costs as certified by the relevant department must, on demand, be paid to it by the council; and

(b) any sum demanded under paragraph (a) is a debt recoverable summarily by the relevant department from the council.