Search Legislation

The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

Changes over time for: Section 35

 Help about opening options

Alternative versions:

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Changes to legislation:

There are currently no known outstanding effects for the The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992, Section 35. Help about Changes to Legislation

Close

Changes to Legislation

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.

Appointment and management of officersN.I.

35.—(1) In section 40 of the principal Act (the Staff Commission)—

(a)in subsection (3)(b) for “twelve” there shall be substituted “fourteen”;

(b)after subsection (4)(b) there shall be inserted—

(bb)monitoring the fair employment practices of councils and their compliance with statutory requirements in relation to fair employment; ;

(c)after subsection (4)(c) there shall be inserted—

(cc)establishing and issuing a code of recommended practice as regards the conduct of officers of councils; .

(2) In section 41 of the principal Act (appointment and qualification of officers)—

(a)after subsection (3) there shall be inserted—

(3A) Without prejudice to any code of procedure established by the Staff Commission, a council shall not appoint any officer unless the vacancy in the office is advertised in such manner as may be prescribed. ;

(b)in subsection (8)—

(i)after paragraph (a) there shall be inserted—

(aa)may make provision with respect to the co-ordination of the provision of the service provided by the officers of that class so employed within the districts of the council by which the officers are employed and the other council or councils ;

(ii)at the end of paragraph (b) for “and” there shall be substituted—

(bb)may provide that the other council or councils shall not appoint officers of that class; and ;

(iii)the words from “and where such an order” onwards shall be omitted;

(c)after subsection (8) there shall be inserted—

(8A) If the Department is satisfied that it is expedient that officers of any class should not be employed by one of the councils on behalf of both or all of them, the Department may make an order—

(a)transferring officers of that class from the council by which they are employed to such other council or councils as is specified in or determined under the order;

(b)making provision for the protection of the interests of every officer so transferred;

(c)providing for the expenses incurred in connection with the transfer of the employment of the officers to be defrayed by the councils in such proportion as they may agree upon or, in case of disagreement, as may be determined by the Department; and

(d)making such incidental and supplemental provision as the Department thinks fit.

(8B) In subsection (8)(aa) “co-ordination” includes—

(a)advising the council by which the officers are employed and the other council or councils on the establishment of the service provided by the officers of that class, including the number of officers to be employed and the qualifications of such officers;

(b)making provision for training of such officers;

(c)issuing advisory circulars and guidelines with respect to statutory provisions or standards of inspection or advising on such circulars and guidelines issued by the Department or district councils;

(d)recording and reporting statistical data and on the enforcement of statutory provisions;

(e)reporting annually to the Department and to the council by which the officers are employed and the other council or councils;

(f)for the purpose of reaching agreement as mentioned in subsection (8)(b), making recommendations with respect to the apportionment of the expenses of the council by which the officers are employed in connection with the service provided by officers of that class; and

(g)such other functions or activities as the Department may provide in the order under subsection (8). .

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.