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New Towns Act (Northern Ireland) 1965

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N.I.Constitution of New Town Commissions

7New town commissions.N.I.

(1)Where an order is made under section 1 with respect to a proposed new town, the Minister may by order establish a body (in this Act referred to as a “new town commission” ) to—

(a)secure the laying out and development of the new town in accordance with proposals approved by the Ministry in that behalf under the succeeding provisions of this Act (in this Act referred to as “development functions” ); and

(b)exercise such further functions as may be conferred upon the new town commission by virtue of an order made under section 28 (in this Act referred to as “municipal functions” ).

(2)The provisions of Schedule 4 shall have effect with respect to each new town commission.

Subs. (3) rep. by 1975 c. 25

F1[(4)Sections 28 to 33, 42, 46, 47 and 146 of the Local Government Act (Northern Ireland) 1972 [1972 c.9] , and section 148 of that Act so far as it applies for the interpretation of those sections, shall apply to a new town commission and their members and officers as if—

(a)in those sections any reference to a council were a reference to a new town commission, any reference to a councillor were a reference to a member of a new town commission and any reference to the clerk of a council were a reference to the general manager of a new town commission or such other officer (if any) of a new town commission as the Ministry may specify;

(b)in section 28(4) of that Act for the words from “by any local elector” onwards there were substituted the words “by any person” .]

8Power of Ministry to make arrangements for the transfer of staff to the service of new town commissions.N.I.

(1)The Ministry may make arrangements for transferring to the service of a new town commission (but not without the consent of the person proposed to be transferred)—

(a)any person employed by the Ministry; or

(b)any person employed by a [F2 district council] …F3 any part of whose …F3 district is included in the area designated under section 1 as the site of a new town,

and a person transferred in pursuance of such arrangements shall, subject to subsection (2), be deemed to have been appointed by the new town commission in exercise of their powers under this Act.

(2)Arrangements made under subsection (1) shall include arrangements for ensuring that a person transferred to the service of a new town commission under that subsection shall be employed by the new town commission upon terms and conditions not less favourable than those which immediately before the date of transfer applied to his employment by the Ministry or, as the case may be, the [F2 district council], with such increases of salary and other benefits as may before the date of transfer have by virtue of those terms accrued to him by efflux of time and such further increases of salary and other benefits as may have been conferred on him by the Ministry or, as the case may be, the [F2 district council] before the date of transfer.

F2SRO (NI) 1973/285

F3SRO (NI) 1973/285

S. 9 rep. by 1972 NI 10; SR 1981/96

10Accounts of new town commissions, and audit.N.I.

(1)A new town commission shall keep such accounts and other records as the Ministry may direct, and all such accounts and records shall so far as is reasonably practicable distinguish the development functions of the new town commission from any municipal functions exercisable by them.

(2)A new town commission shall, as soon as may be after the close of each financial year, prepare an abstract of their accounts for that year in such form as the Ministry with the approval of the Ministry of Finance may direct, and shall transmit a copy of the abstract to the Ministry.

(3)The accounts of a new town commission shall in respect of each financial year be audited by [F4the local government auditor], and, subject to the succeeding provisions of this section, all the enactments which relate or apply to the audit of the accounts of [F5 district councils] (including the provisions of those enactments which impose penalties or provide for the payment or recovery of sums in respect of audit fees, but not including any such provisions which confer upon [F4the local government auditor] any power of charging or any power of disallowance or surcharge) shall apply to the audit of the accounts of a new town commission in like manner as if the new town commission were [F5 a district council].

(4)The Ministry may, by regulations, make such modification or alteration in or such further provision with respect to the procedure to be followed by [F6the local government auditor when] acting under this section as the circumstances require.

(5)The Ministry shall lay before Parliament copies of the abstract of the accounts of a new town commission for each financial year, and of the report of the local government auditor on those accounts.

Subs. (6) rep. by 1972 c. 9 (NI)

F5SRO (NI) 1973/285

Modifications etc. (not altering text)

C1S. 10(3) power to repeal conferred (2.6.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), ss. 109(b), 129 (with s. 124(4)); S.R. 2014/153, art. 2, Sch. 1

11Annual reports of new town commissions.N.I.

(1)A new town commission shall as soon as may be after the close of each financial year make to the Ministry a report of their activities during that year.

(2)The Ministry shall lay before Parliament a copy of every report made under this section.

12Duty of new town commissions to disclose information to Ministry.N.I.

Without prejudice to the requirement imposed by section 11 a new town commission shall provide the Ministry with such returns or information relating to their proceedings or undertaking as the Ministry may from time to time require, and for those purposes shall permit any person authorised by the Ministry in that behalf to inspect and make copies of their accounts, books, documents and papers, and shall afford such explanation thereof as that person or the Ministry may reasonably require.

13Power of Ministry to give directions to new town commissions.N.I.

(1)Without prejudice to any provision of this Act requiring the consent of the Ministry to be obtained for anything to be done by a new town commission, the Ministry may give directions of a general or specific nature to a new town commission as to the manner in which they are to discharge their functions under this Act, and the new town commission shall act in accordance with those directions.

(2)Before giving any directions under subsection (1) the Ministry shall consult with the Chairman of the new town commission, or, if the Chairman is not available, with the Vice-Chairman, unless the Ministry is satisfied that, on account of urgency, such consultation is impracticable.

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