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Local Government Finance Act (Northern Ireland) 2011

Status:

This is the original version (as it was originally enacted).

PART 5SUPPLEMENTARY

General interpretation

42.  In this Act—

“association” includes any body of persons, corporate or unincorporated;

“chief financial officer” means the officer designated under section 1(2);

“council” means a district council, and in relation to any district means the council for that district;

“the Department” means the Department of the Environment;

“direction” means direction in writing; and “direct” shall be construed accordingly;

“district”, in relation to any council, means the district for which that council acts;

“the general fund” means the fund mentioned in section 8;

“officer” includes servant;

“prescribed” means prescribed by regulations;

“proper practices” shall be construed in accordance with section 2(3) and (4);

“public body” means a body (other than a council) established by or under a statutory provision;

“regulations” means regulations made by the Department;

“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);

“voluntary body” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or individual members.

Regulations and orders

43.—(1) Regulations made under any provision of this Act, except section 27, shall be subject to negative resolution.

(2) Regulations and orders under this Act may contain such incidental, supplementary, consequential, transitory or saving provisions as the Department thinks necessary or expedient.

Consultation on regulations, orders and guidance

44.—(1) Subject to subsection (2), before making any regulations or orders under this Act or issuing any guidance under this Act, the Department shall consult councils and—

(a)such associations representative of councils;

(b)such associations representative of officers of councils; and

(c)such other persons or bodies,

as appear to the Department to be appropriate.

(2) Subsection (1) shall not apply to regulations under section 14(1) or to orders under section 28(3) or 47(2).

Minor and consequential amendments

45.  Schedule 1 (which contains minor and consequential amendments) shall have effect.

Repeals

46.  The repeals set out in Schedule 2 shall have effect.

Commencement

47.—(1) The following provisions of this Act shall come into operation on Royal Assent—

  • section 35;

  • section 36;

  • section 42;

  • section 43;

  • section 44;

  • this section; and

  • section 48.

(2) The other provisions of this Act shall come into operation on such day or days as the Department may by order appoint.

Short title

48.  This Act may be cited as the Local Government Finance Act (Northern Ireland) 2011.

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