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The Local Government (2014 Act) (Commencement No. 2) Order (Northern Ireland) 2014

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Statutory Rules of Northern Ireland

2014 No. 153 (C. 8)

Local Government

The Local Government (2014 Act) (Commencement No. 2) Order (Northern Ireland) 2014

Made

2nd June 2014

The Department of the Environment, in exercise of the powers conferred by section 129 of the Local Government Act (Northern Ireland) 2014(1), makes the following Order.

Citation and interpretation

1.—(1) This Order may be cited as the Local Government (2014 Act) (Commencement No. 2) Order (Northern Ireland) 2014.

(2) In this Order—

“the Act” means the Local Government Act ( Northern Ireland) 2014;

“new council” means a district council constituted under section 1 (district councils) of the Local Government Act (Northern Ireland) 1972(2) as amended by section 3(1) of the Local Government (Boundaries) Act (Northern Ireland) 2008(3); and

“existing council” means a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972 as in force immediately prior to the making of the Local Government (Boundaries) (2008 Act) (Commencement, Transitional Provision and Savings) Order (Northern Ireland) 2013(4).

(3) In this Order any reference to a numbered section is a reference to a section of the Act.

Provisions of the Act coming into operation on 2nd June 2014

2.  The day appointed for the coming into operation of the provisions of the Act listed in Schedule 1 is 2nd June 2014.

Provisions of the Act coming into operation on 2nd June 2014 in relation to new councils

3.  The day appointed for the coming into operation of the provisions of the Act listed in Schedule 2 in relation to new councils is 2nd June 2014.

Sealed with the Official Seal of the Department of the Environment on 2nd June 2014.

(L.S.)

Ian Maye

A senior officer of the Department of the Environment

SCHEDULES

Article 2

SCHEDULE 1Provisions of the Act coming into operation on 2nd June 2014

Section/ScheduleTitle
Section 5(2)Disqualification of holders of prescribed offices and employments
Section 16Declaration required of persons who are not members of council
Section 54Guidance
Section 55Investigations
Section 56Investigations: further provisions
Section 57Reports, etc.
Section 58Interim reports
Section 59Decision following report
Section 60Decisions on interim reports
Section 61Recommendations
Section 62Disclosure and registration of councillors’ interests, etc.
Section 63Extension of 1996 Order
Section 64Expenditure of Commissioner under this Act
Section 65Interpretation
Section 108The local government auditor
Section 109Power to repeal provisions relating to surcharge, etc.
Section 110Minor and consequential amendments
Section 111Guidance
Section 112Transitional rate relief in consequence of changes in local government district
Section 113Commencement of the Local Government (Boundaries) Order (Northern Ireland) 2012
Section 114Transferred functions grant
Section 116Control of disposals and contracts of existing councils and their finances
Section 120Power to dissolve the Local Government Staff Commission for Northern Ireland
Section 122Schemes for transfers of assets and liabilities
Section 123Compensation for loss of office or diminution of emoluments
Section 125Council websites
Section 126Interpretation
Section 128(1)Minor and consequential amendments
Schedule 3Declaration on appointment to committee of person who is not a councillor
Schedule 7Minor and consequential amendments relating to local government audit
Schedule 8Transfer schemes
Schedule 9,paragraphs 1,4,5,6,7 and 8

Article 3

SCHEDULE 2Provisions of the Act coming into operation on 2nd June 2014 in relation to new councils

Section/ScheduleTitle
Section 1Names of councils
Section 2(1)Constitutions of councils
Section 6Positions of responsibility
Section 7Arrangements for discharge of functions of council
Section 8Arrangements by one council for discharge of functions by another council
Section 9Arrangements for discharge of functions by councils jointly
Section 10Exercise of functions not prevented by arrangements under this Part
Section 11Appointment of committees etc. for the purpose of discharging functions
Section 12Appointment of committee to advise on discharge of functions
Section 13Appointment of councillors to committees, etc.
Section 14Joint committees: further provisions
Section 15Disqualification for membership of committees
Section 17Voting rights of persons who are not members of council
Section 18Termination of membership on ceasing to be member of council
Section 19Permitted forms of governance
Section 20Power to prescribe additional permitted governance arrangements
Section 21Council executives
Section 22Functions which are the responsibility of an executive
Section 23Functions of an executive: further provision
Section 24Allocation and discharge of functions
Section 25Discharge of functions of and by another council
Section 26Joint exercise of functions
Section 27Overview and scrutiny committees: functions
Section 28Overview and scrutiny committees: supplementary provision
Section 29Scrutiny officers
Section 30Reference of matters to overview and scrutiny committee etc.
Section 31Dealing with references under section 30(1)(c)
Section 32Duty of council or executive to respond to overview and scrutiny committee
Section 33Publication etc. of reports, recommendations and responses: confidential and exempt information
Section 34Meetings and access to information etc.
Section 35Meetings and access to information etc.: further provisions and regulations
Section 36Meetings and proceedings
Section 37Standing orders
Section 39Simple majority
Section 40Qualified majority
Section 41Power to require decisions to be reconsidered
Section 42Admission to meetings of councils
Section 43Access to agenda and connected reports
SectionTitle
Section 44Inspection of minutes and other documents after meetings
Section 45Inspection of background papers
Section 46Application to committees and sub-committees
Section 47Audio recording of meetings
Section 48Additional rights of access to documents for members of councils
Section 49Councils to publish additional information
Section 50Supplemental provisions and offences
Section 51Exempt information and power to vary Schedule 6
Section 52Interpretation and application of this Part
Section 67Community planning partners
Section 74Guidance
Section 78Interpretation
Section 103Partnership Panel
Section 118Persons ceasing to hold office
Section 119Validity of acts done by unqualified person
Section 121Insurance against accidents to councillors
Schedule 1Positions of responsibility
Schedule 2Appointment of councillors to committees, etc.
Schedule 4Overview and scrutiny committees: voting right of co-opted members
Schedule 5Meetings and proceedings
Schedule 6Access to information: exempt information

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation provisions of the Local Government Act (Northern Ireland) 2014.

Article 2, together with Schedule 1 lists the provisions of the Local Government Act (Northern Ireland) 2014 that will come into operation on 2nd June 2014, in respect of both existing and new councils.

Article 3, together with Schedule 2, brings provisions of the Local Government Act (Northern Ireland) 2014 into operation on 2nd June 2014 in respect of new councils.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Local Government Act (Northern Ireland) 2014 have been brought into operation by a Commencement Order made before the date of this Order.

ProvisionDate of CommencementS.R. No.
Sections 38, 53, 124 and 12720th May 20142014 No. 142 (C.7)

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