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New Towns Act (Northern Ireland) 1965

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N.I.Termination of New Town Commissions

33Termination and winding up of new town commissions.N.I.

(1)Where the Ministry is satisfied that the construction of the new town for the purposes of which a new town commission are established under this Act has been substantially achieved, the Ministry shall by order—

(a)constitute as [F1 a] district any area in relation to which the new town commission are authorised to exercise [F1 their municipal functions];

(b)provide for the election of [F1 a district council for that district], and in relation to such an election may provide that so much of section 11 of the Electoral Law Act (Northern Ireland) 1962 [1962 c.14] as requires the elected members of such a council to be elected in a local election year within the meaning of that Act shall not have effect; …F2;

(c)make provision for the transfer to the service of any …F3 council elected under paragraph ( b) or to the service of some other local or public body of any person employed by the new town commission;

(d)transfer to the council elected under paragraph ( b) the municipal functions of the new town commission and the property, rights and liabilities of the new town commission in connection with any such function;

(e)dissolve any committee of the new town commission established under section 32;

(f)transfer any development function of the new town commission and any property, right or liability of the new town commission in connection with any such function to such person as may be specified in the order;

(g)provide for the winding up of the affairs of the new town commission and for their dissolution.

(2)An order under subsection (1) may contain such incidental, consequential or supplementary provisions as the Ministry thinks necessary or expedient for the purposes of the order, and in particular, but without prejudice to the generality of the foregoing provision, may—

(a)fix the total number of councillors of any …F2 district constituted under this section, divide the district into wards, fix the boundaries of such wards, apportion the councillors among the wards and, notwithstanding anything in section 11(2) of the Electoral Law Act (Northern Ireland) 1962 [1962 c.14] , fix the day on which the first councillors shall retire from office;

(b)make provision for the severance of any property, rights or liabilities of the new town commission and for their apportionment between any council and other persons to whom the order applies or any of them, in such manner and in such proportions as the Ministry considers expedient;

(c)extend or modify the functions of any person to whom any function, property, right or liability of the new town commission is transferred, so far as appears to the Ministry to be necessary or expedient in consequence of the transfer;

(d)provide for the payment by or to any such person in consideration of the transfer, of such sum as may with the approval of the Ministry of Finance be specified in the order, to be satisfied in such manner as may be so specified;

(e)provide for the appointment and functions of a liquidator of the new town commission, and authorise the disposal, in such manner as may be determined by or under the order, of any assets of the new town commission that are not transferred to a council or other person under the foregoing provisions of this section.

(3)Any surplus arising from the winding up of a new town commission under this section shall be paid into the Exchequer, and any deficit shall be defrayed by the Ministry.

(4)An order made under this section shall be subject to affirmative resolution.

F1SRO (NI) 1973/285

F2SRO (NI) 1973/285

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