Local Government Act (Northern Ireland) 1972

PART IV N.I. ALTERATIONS OF DISTRICTS

50 Alteration of boundaries, etc. N.I.

(1) The Governor shall in the year[F1 1990 and thereafter in accordance with subsection (1A)] appoint a Local Government Boundaries Commissioner whose function shall be to review the number, boundaries and names of the districts and the number, boundaries and names of the wards into which each district is divided.

[F1 (1A) A Local Government Boundary Commissioner shall be appointed under subsection (1) during the period not less than ten or more than fifteen years from the date of the submission under subsection (4) of the final report on the last previous review under subsection (1).]

(2) Where, otherwise than in the course of a review under subsection (1),—

(a) proposals are made to the Ministry by a council—

(i) for altering the boundaries of the district of that council, or

(ii) for altering the number of wards into which any such district is divided or the boundaries of any of those wards; or

(b) proposals are made to the Ministry by more than one council for the union of the districts of those councils; or

(c) the Ministry has itself prepared any such proposal as is mentioned in paragraph ( a) or ( b);

the Minister may recommend the Governor to appoint a Local Government Boundaries Commissioner to consider the proposals.

(3) Part I of Schedule 4 shall have effect with respect to a Local Government Boundaries Commissioner, and such a Commissioner shall regulate his procedure in accordance with Part II of that Schedule and shall make his recommendations in accordance with Part III of that Schedule.

(4) A Local Government Boundaries Commissioner conducting a review under subsection (1) or considering proposals under subsection (2) shall submit a report to the Minister within such period as the Minister directs; and if the report recommends any alteration in the number, boundaries or names of any districts or wards, the Minister shall, as soon as may be after receiving the report, lay the recommendations before Parliament together with a draft of an order to give effect, whether with or without modifications, to the recommendations.

(5) Where a draft order proposes to give effect to any such recommendations with modifications, the Minister shall lay before Parliament, together with the draft order, a statement of the reasons for the modifications.

(6) On the approval of the draft order by a resolution of each House of Parliament, the Minister shall make an order in terms of the draft as so approved.

(7) Nothing in this section shall prejudice or affect any provision of the Boundary Survey (Ireland) Act 1854 [1854 c.17] , the Boundary Survey (Ireland) Act 1857 [1857 c.45] , the Boundary Survey (Ireland) Act 1859 [1859 c.8 (22 & 23 Vict.)] or the County Boundaries (Ireland) Act 1872 [1872 c.48] .

F1 SI 1990/2149

51 Change of name of district. N.I.

(1) The Ministry may, by order made on the application of a council, change the name of the district of the council.

(2) Every change of name made under this section shall be published by the council in such manner as the Ministry directs.

52 Supplemental provisions as to alterations of boundaries or names. N.I.

(1) Where the Minister makes an order under section 50, the Ministry may make a supplemental order (in this section referred to as “the order” ) which may contain such incidental, consequential, transitional or supplemental provisions as appear to be necessary or expedient for the general or any particular purposes of the order under section 50 or in consequence of any of the provisions thereof or for giving full effect thereto, and without prejudice to the generality of the foregoing provisions of this subsection may in particular include provision—

(a) for modifying or repealing any transferred provision (including such a provision contained in or made under a local or personal Act or an Act confirming a provisional order);

(b) for the transfer, application, defrayal, apportionment or adjustment (by agreement or otherwise) of assets, liabilities, income and costs and for the continuance of, or of functions of, any council or public body, and the continuance in office of any councillor or officer (including the continuance in office of any member or officer of a dissolved council, as if the council had not been dissolved), for the purposes of such transfer, application, defrayal, apportionment or adjustment or for the purposes of the making up and audit of accounts and any proceedings in connection therewith or consequent thereupon;

(c) for the transfer of any writ, process, record or document relating to or to be executed in any part of a district affected by the order under section 50, and for determining questions arising from such transfer;

(d) for the determination of questions arising under the order.

(2) The order may make provision for the transfer of existing officers affected by the order under section 50 and shall contain provisions for the protection of the interests of any such existing officers.

(3) The order may make provision for the payment, on such terms and subject to such conditions as may be specified in the order, of compensation to or in respect of any officer of a council who suffers loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to the order under section 50, and may in particular—

(a) include provision as to the funds out of which and the councils by which compensation is to be defrayed;

(b) include provision as to the manner in which and the time within which and the person to whom any claim for compensation is to be made;

(c) apply for the purposes of the order any transferred provision relating to the payment of compensation subject to the modifications (if any) specified in the order.

(4) The order may make provision for the Minister to appoint the day or days on which the order, or any provision of it, is to come into operation.

(5) Stamp duty shall not be chargeable on the order or on any instrument executed for the purposes of giving effect to the order.

(6) A certificate issued by the Ministry that any property has been transferred by virtue of the order shall, until the contrary is shown, be accepted as evidence of that fact.

(7) A change of name of a council shall not affect any rights or obligations of the council or any other person, or render defective any legal proceedings, and—

(a) any legal proceedings may be commenced or continued as if there had been no change of name;

(b) every reference in any transferred provision, record, document or map to the former name of the council shall be construed as a reference to the new name.

(8) Where the name of a district which is a borough is changed, the charter of the borough shall have effect as if the new name were substituted for the old.

(9) Where the order includes provision for modifying or repealing a transferred provision (except a provision contained in or made under a local or personal Act or an Act confirming a provisional order) it shall be subject to affirmative resolution.