- Latest available (Revised)
- Point in Time (30/06/2011)
- Original (As enacted)
Version Superseded: 02/07/2013
Point in time view as at 30/06/2011.
There are currently no known outstanding effects for the Local Government Act (Northern Ireland) 1972.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Where a council considers it expedient for the promotion or protection of the interests—
(a)of the council;
(b)of its district or of any part of its district;
(c)of the inhabitants of its district or of any part of its district;
it may prosecute or defend any legal proceedings.
A council may authorise any officer of the council, either in respect of matters of any class or in respect of any particular matter, to institute on its behalf proceedings before any court of summary jurisdiction or to appear on its behalf before a court of summary jurisdiction in any proceedings instituted by the council or on its behalf, and any officer so authorised shall be entitled to conduct any such proceedings on behalf of the council although he is not a practising solicitor.
(1)Subject to subsection (2), in any proceedings instituted by or against a council it shall not be necessary to prove the corporate name of the council or the constitution or limits of its district.
(2)Nothing in subsection (1) shall prejudice the right of a party to any such proceedings to take or avail himself of any objection which he might have taken or availed himself of if that subsection had not been passed.
Save as otherwise provided in any statutory provision, production of a copy of or of any part of—
(a)any minute of a meeting of a council or of a committee of a council; or
(b)any resolution passed by a council or by a committee of a council; or
(c)any standing orders made by a council;
upon which is endorsed a certificate purporting to be signed by the clerk of the council stating that—
the copy of, or of part of, the minute of the meeting is a true copy; or
the resolution was passed at a specified meeting of the council or, as the case may be, the committee, or was so passed as a special resolution; or
the standing orders were made in accordance with any statutory provision applicable thereto;
shall be evidence of the facts stated in the certificate and that in the case of a resolution passed by a committee, the committee had power to pass such a resolution, without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.
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