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The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1995


This is the original version (as it was originally made).

Amendments to the principal Act

Vacation of office on account of non-attendance

3.  For section 9(1) and (2) of the principal Act there shall be substituted—

(1) Subject to subsections (2) and (3), if a councillor fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the council, he shall, unless the failure was due to some reason approved by the council before the expiry of that period, cease to be a member of the council.

(2) Attendance—

(a)at a meeting of—

(i)any committee or sub-committee of the council;

(ii)any joint committee or any of the sub-committees to which any of the functions of the council have been delegated;

(b)as a representative of the council at a meeting of any body, attendance at a meeting of which is an approved duty for the purposes of regulations made under section 36,

shall be deemed for the purposes of subsection (1) to be attendance at a meeting of the council..

Appointment and qualification of officers

4.  In section 41 of the principal Act (appointment and qualification of officers)—

(a)for subsection (3) there shall be substituted—

(3) A person shall not be appointed to—

(a)the office of clerk of a council; or

(b)such other office under a council as the Department may determine,

unless he possesses such qualifications as the Department may determine.;

(b)in subsection (3A) for the words “may be prescribed” there shall be substituted the words “the Department may determine”;

(c)subsection (6) shall cease to have effect.

Investment powers

5.—(1) In section 56(3) of the principal Act (investment of capital fund and renewal and repairs fund monies) for the words from “in a security” to the end there shall be substituted the words “in such manner as may be prescribed”.

(2) Any money invested in accordance with section 56(3) of the principal Act immediately before the coming into operation of this Article shall, for the period of 6 months from the coming into operation of this Article, be deemed to have been invested in accordance with that provision as amended by this Article.

Sealing of contracts: increase in limit

6.—(1) In section 100(1) of the principal Act (sealing of contracts) for the words from “does not exceed” to “determine” there shall be substituted the words “does not exceed £30,000 in value”.

(2) After section 100(1) of that Act there shall be inserted—

(1A) The Department may by order amend subsection (1) so as to increase the amount for the time being specified in that subsection..

Power to provide advice and assistance

7.  After section 113 of the principal Act there shall be inserted—

Power to provide advice and assistance.

113A.(1) Subject to subsections (3) to (6), a council may provide advice and assistance as respects any matter in which it has skill and experience to a body engaged outside the United Kingdom in the carrying on of any of the activities of local government.

(2) In relation to any place outside the United Kingdom, activities shall be taken for the purposes of this section to be activities of local government wherever they are the equivalent of, or are comparable to, any activities which in Northern Ireland are carried on by councils.

(3) The power conferred by subsection (1) shall not be exercised except with the consent of the Department or in accordance with a general authorisation given by the Department.

(4) Before giving any general authorisation under subsection (3), the Department shall consult with such persons appearing to it to represent councils as the Department thinks appropriate.

(5) A consent or authorisation under subsection (3) may be given subject to such conditions as the Department thinks fit.

(6) Nothing in this section authorises a council to provide any financial assistance by—

(a)making a grant or loan,

(b)giving a guarantee or indemnity, or

(c)investing by acquiring share or loan capital.

(7) The Department shall provide councils with such guidance about the exercise of their powers under this section as it thinks appropriate..

Contributions to public appeals

8.  In section 115 of the principal Act (expenditure for special purposes) after subsection (1) there shall be inserted—

(1A) Subject to subsection (2), a council may make payments to any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made—

(a)by the chairman of a council; or

(b)by a committee of which the chairman of a council is a member; or

(c)by such a person or body as is referred to in section 137(3)(c) of the Local Government Act 1972(1); or

(d)by such a person or body as is referred to in section 83(3)(c) of the Local Government (Scotland) Act 1973(2)..

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