Local Government Act (Northern Ireland) 1972

[F1 PART II N.I. PROCEDURE

F1 Schedule 4 substituted (17.5.2006) by Local Government (Boundaries) (Northern Ireland) Order 2006 (S.I. 2006/1253 (N.I. 8)), arts. 1(2), 4(2), Sch. 1

Procedure for Commissioner appointed under section 50(1)(a) N.I.

6 N.I. –

(1) This paragraph applies where a Commissioner is appointed under section 50(1)(a).

(2) As soon as practicable after his appointment, the Commissioner shall make a public announcement to the effect—

(a) that he has commenced his task; and

[F2 (b) that he will in due course publish provisional recommendations and cause a public hearing to be held in each of the 11 districts mentioned in section 1 of the Local Government (Boundaries) Act (Northern Ireland) 2008.]

(3) Where the Commissioner has provisionally determined to make recommendations with respect to a district and the wards within a district, he shall publish in at least two newspapers circulating in that district a notice-

(a) setting out the provisional recommendations or specifying places and times at which copies of the provisional recommendations may be inspected;

(b) stating that representations in writing with respect to the provisional recommendations may be made to the Commissioner in such manner and before such date as may be specified in the notice; and

(c) stating that the public hearing required to be held by sub-paragraph (4) is to be held —

(i) at such place in the district; and

(ii) beginning at such date and time;

as may be so specified.

(4) Where a Commissioner has published notice under sub-paragraph (3) in respect of a district, he shall, in accordance with the terms of that notice, cause a public hearing to be held in respect of—

(a) the boundary and name of the district; and

(b) the number, boundaries and names of the wards within that district.

(5) The Commissioner may cause additional public hearings to be held in such manner as he may direct.

(6) The Commissioner—

(a) shall take into consideration the representations, if any, made in accordance with a notice published under sub-paragraph (3) or at a hearing under sub-paragraph (4) or (5); and

(b) may revise any provisional recommendations.

(7) Where the Commissioner revises any provisional recommendations with respect to a district or the wards within a district, he may if he thinks fit publish in at least two newspapers circulating in that district a notice-

(a) setting out the revised recommendations or specifying places and times at which copies of the revised recommendations may be inspected; and

(b) stating that representations in writing with respect to the revised recommendations may, within the relevant period, be made to the Commissioner in the manner specified in the notice;

and, if the Commissioner does so, he shall take into consideration any representations made in accordance with the notice.

F2 Sch. 4 para. 6(2)(b) substituted (23.5.2008) by Local Government (Boundaries) Act (Northern Ireland) 2008 (c. 7), ss. 2(3)(b), 5(1)

Procedure for Commissioner appointed under section 50(1)(b) N.I.

7 N.I. –

(1) This paragraph applies where a Commissioner is appointed under section 50(1)(b).

(2) As soon as practicable after his appointment, the Commissioner shall—

(a) make a public announcement to the effect that he has commenced his task; and

(b) invite proposals from councils, political parties, associations, organisations and individual members of the public.

(3) Where the Commissioner has provisionally determined to make recommendations with respect to a district or the wards within a district, he shall publish in at least two newspapers circulating in the district a notice-

(a) setting out the provisional recommendations or specifying places and times at which copies of the provisional recommendations may be inspected; and

(b) stating that representations in writing with respect to the provisional recommendations may, within the relevant period, be made to the Commissioner in the manner specified in the notice.

(4) Where the period specified in a notice under paragraph (3) in relation to a district has elapsed, the Commissioner may, after giving public notice thereof, cause a public hearing to be held in that district in respect of—

(a) the boundary and name of the district, and the number, boundaries and names of the wards within that district; or

(b) such of those matters as are affected by the recommendations in question.

(5) Where the Commissioner receives any representations duly made in accordance with the notice under sub-paragraph (3) objecting to the recommendations he has provisionally determined to make-

(a) from the council of the district, or

(b) from not less than 100 local electors registered by virtue of a qualifying address in the district,

the Commissioner shall not make the recommendations unless, since the publication of the notice, a public hearing such as is mentioned in sub-paragraph (4) has been held in the district.

(6) The Commissioner may cause additional public hearings to be held in such manner as he may direct.

(7) The Commissioner—

(a) shall take into consideration the representations, if any, made in accordance with a notice published under sub-paragraph (3) or at a hearing under sub-paragraph (4) or (6); and

(b) may revise any provisional recommendations.

(8) Where the Commissioner revises any provisional recommendations with respect to a district or the wards within a district, he may if he thinks fit publish in at least two newspapers circulating in that district a notice-

(a) setting out the revised recommendations or specifying places and times at which copies of the revised recommendations may be inspected; and

(b) stating that representations in writing with respect to the revised recommendations may, within the relevant period, be made to the Commissioner in the manner specified in the notice;

and, if the Commissioner does so, he shall take into consideration any representations made in accordance with the notice.

Procedure for Commissioner appointed under section 50(4) N.I.

8 N.I. –

(1) This paragraph applies where a Commissioner is appointed under section 50(4).

(2) As soon as practicable after his appointment, the Commissioner shall—

(a) make a public announcement to the effect that he has commenced his task; and

(b) invite proposals, including proposals for modifying the proposals he has been appointed to consider, from councils, political parties, associations, organisations and individual members of the public.

(3) The Commissioner shall also publish in at least two newspapers circulating in the district a notice-

(a) setting out the proposals he has been appointed to consider or specifying places and times at which copies of the proposals may be inspected; and

(b) stating that representations in writing with respect to the proposals may, within the relevant period, be made to the Commissioner in the manner specified in the notice.

(4) Where the period specified in a notice under paragraph (3) in relation to a district has elapsed, the Commissioner may, after giving public notice thereof, cause a public hearing to be held in that district in respect of the proposals in question.

(5) Where the Commissioner receives any representations duly made in accordance with the notice under sub-paragraph (3) objecting to the proposals he has been appointed to consider-

(a) from the council of the district, or

(b) from not less than 100 local electors registered by virtue of a qualifying address in the district,

the Commissioner shall not recommend the implementation of the proposals, unless, since the publication of the notice, a public hearing such as is mentioned in sub-paragraph (4) has been held in the district.

(6) The Commissioner may cause additional public hearings to be held in such manner as he may direct.

(7) The Commissioner—

(a) shall take into consideration the representations, if any, made in accordance with a notice published under sub-paragraph (3) or at a hearing under sub-paragraph (4) or (6); and

(b) may provisionally determine to recommend modification of the proposals.

(8) Where the Commissioner provisionally determines to recommend modification of the proposals with respect to a district or the wards within a district, he may if he thinks fit publish in at least two newspapers circulating in that district a notice-

(a) setting out the revised proposals or specifying places and times at which copies of the revised proposals may be inspected; and

(b) stating that representations in writing with respect to the revised proposals may, within the relevant period, be made to the Commissioner in the manner specified in the notice;

and, if the Commissioner does so, he shall take into consideration any representations made in accordance with the notice.

Commissioner's procedure - general N.I.

9 N.I. In relation to a notice published by a Commissioner under paragraph 6(7), 7(3) or (8) or 8(3) or (8) “the relevant period” is one month, or such longer period not exceeding two months, as the Commissioner may determine, from the date of the last publication of the notice.

10 N.I. A Commissioner may direct any hearing under this Schedule to be held before an Assistant Commissioner.

11 N.I. A Commissioner may, if he thinks fit, submit interim reports to the Department before making his final report under section 50(6).

12 N.I. Subject to paragraphs 7 to 11, a Commissioner may regulate his own procedure.

13 N.I. Every document purporting to be an instrument made or issued by a Commissioner and to be signed by the secretary or any person authorised by the Commissioner to act in that behalf shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by a Commissioner.]