# Local Government Act (Northern Ireland) 2014

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N.I.

# Local Government Act (Northern Ireland) 2014

# 2014 CHAPTER 8

An Act to amend the law relating to local government.

[12th May 2014]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

## **PART 1**N.I.COUNCILS

### Names of councilsN.I.

1—(1) The name of a council is the name of the district with the addition of the words “District Council”.                  

(2) Regulations may provide for the name of a council to be other than that provided in accordance with subsection (1).

(3) Subsection (1) is subject to the provisions of this Act and Part 4 of the Local Government Act (Northern Ireland) 1972.

### Constitutions of councilsN.I.

2—(1) A council must prepare and keep up to date a document (referred to in this section as its constitution) which contains—                  

(a)a copy of the council's standing orders;                  

(b)a copy of the Northern Ireland Local Government Code of Conduct for Councillors;                  

(c)such information as the Department may direct; and                  

(d)such other information (if any) as the council considers appropriate.                  

(2) A council must ensure that from 30th April 2015 copies of its constitution are available on its website and at its principal                     office for inspection by members of the public at all reasonable hours.                  

(3) A council must supply a copy of its constitution to any person who—

(a)requests a copy; and                  

(b)pays the council such reasonable fee as the council may determine.                  

## **PART 2**N.I.DISQUALIFICATIONS

### Disqualifications for being councillorsN.I.

3  A member of—                  

(a)the Assembly;                  

(b)the House of Commons;                  

(c)the House of Lords;                  

(d)the legislature of any other country; or                  

(e)the European Parliament,                  

is disqualified for being a councillor.

### Disqualification of councillors for being independent members of policing and community safety partnershipsN.I.

4—(1) The Justice Act (Northern Ireland) 2011 is amended as follows.                  

(2) In Schedule 1, in paragraph 9 (disqualifications) after sub-paragraph (2) insert—

“(2A)A person is disqualified for being an independent member of a PCSP if that person is a councillor.”.                  

(3) In Schedule 2, in paragraph 9 (disqualifications), after sub-paragraph (2) insert—

“(2A)A person is disqualified for being an independent member of a DPCSP if that person is a councillor.”.                  

### Disqualification of holders of prescribed offices and employmentsN.I.

5—(1) In section 4(1)(a) of the Local Government Act (Northern Ireland) 1972 (disqualifications), for the words from “place of profit”                     to “council” there shall be substituted the words “ employment, appointments to which are made by a council if it is a prescribed office or employment ”.                  

(2) In section 4 of that Act, after subsection (1) insert—

“(1A)The Department must by 30th September 2014 make regulations under subsection (1)(a).”.                  

## **PART 3**N.I.POSITIONS OF RESPONSIBILITY

### Positions of responsibilityN.I.

6—(1) In relation to a council the following are positions of responsibility—                  

(a)chair of the council;                  

(b)deputy chair of the council;                  

(c)chair of any committee of the council;                  

(d)deputy chair of any committee of the council;                  

(e)member of a cabinet-style executive of the council;                  

(f)external representative of the council.                  

(2) The clerk of a council must maintain a list of the council's positions of responsibility.

(3) Schedule 1 (positions of responsibility) has effect.

(4) In this Act “external representative” means a person nominated by the council to serve as a member of any public body.                  

## **PART 4**N.I.DISCHARGE OF FUNCTIONS

### Arrangements for discharge of functionsN.I.

#### Arrangements for discharge of functions of councilN.I.

7—(1) A council may arrange for the discharge of any of its functions—                  

(a)by a committee, a sub-committee or an officer of the council; or                  

(b)by any other council.                  

(2) Subsection (1) is subject to any express provision contained in this Act or any Act passed after this Act.

(3) A council's functions with respect to—

(a)making a district rate under the Rates (Northern Ireland) Order 1977;                  

(b)making a determination under section 13(1) of the Local Government Finance Act (Northern Ireland) 2011 (affordable borrowing                        limit) and monitoring an amount determined under that subsection;                  

(c)borrowing money; and                  

(d)acquiring or disposing of land,                  

may only be discharged by the council itself.

(4) Where by virtue of this section any functions of a council may be discharged by a committee of the council, the committee                     may arrange for the discharge of any of those functions by—                  

(a)a sub-committee; or                  

(b)an officer of the council.                  

(5) Subsection (4) is subject to any contrary direction by the council.

(6) Where by virtue of this section any functions of a council may be discharged by a sub-committee of the council, the sub-committee                     may arrange for the discharge of any of those functions by an officer of the council.                  

(7) Subsection (6) is subject to any contrary direction by the council or the committee.

#### Arrangements by one council for discharge of functions by another councilN.I.

8—(1) A council may not under section 7(1)(b) arrange for the discharge of any of its functions by another council if, or to the                     extent that, that function is also a function of the other council and is the responsibility of the other council's executive.                  

(2) Arrangements made under section 7(1)(b) by a council (“Council A”) with respect to the discharge of any of its functions cease                     to have effect with respect to that function if, or to the extent that—                  

(a)Council A is operating or begins to operate executive arrangements, and that function becomes the responsibility of the executive                        of Council A; or                  

(b)the council with which the arrangements are made (“Council B”) is operating or begins to operate executive arrangements, that                        function is also a function of Council B and that function becomes the responsibility of Council B's executive.                  

(3) Subsections (1) and (2) do not affect arrangements made by virtue of section 25 (discharge of functions of and by another                     council).                  

(4) Subsection (5) applies where arrangements are in force under section 7(1)(b) for the discharge of the functions of a council                     (“Council A”) by another council (“Council B”).                  

(5) Council B may arrange for the discharge of those functions by a committee, sub-committee or officer of Council B.

(6) Subsections (4) to (7) of section 7 apply in relation to those functions as they apply in relation to the functions of Council                     B.                  

(7) Subsection (4) is subject to the terms of the arrangements.

(8) Arrangements made under section 7(1)(b) by a council for the discharge of its functions do not affect its responsibility for                     them.                  

#### Arrangements for discharge of functions by councils jointlyN.I.

9—(1) Two or more councils may discharge any of their functions jointly and subsections (2) to (6) apply where arrangements are                     in force for them to do so.                  

(2) The councils may also arrange for the discharge of those functions by—

(a)a joint committee of the councils; or                  

(b)an officer of one of the councils.                  

(3) Subsections (4) to (7) of section 7 apply in relation to those functions as they apply in relation to the functions of the                     individual councils.                  

(4) Any statutory provision relating to—

(a)those functions; or                  

(b)the councils by which or the areas in respect of which they are to be discharged,                  

has effect subject to any necessary modification in its application in relation to those functions and the councils by which                     and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.                  

(5) Arrangements made under subsection (2) by two or more councils with respect to the discharge of any of their functions cease                     to have effect with respect to that function if, or to the extent that, the function becomes the responsibility of an executive                     of any of the councils.                  

(6) Subsection (5) does not affect arrangements made by virtue of section 26 (joint exercise of functions).

#### Exercise of functions not prevented by arrangements under this PartN.I.

10  Any arrangements made by a council or committee under this Part for the discharge of any functions by a committee, sub-committee,                     officer or council do not prevent the council or committee by which the arrangements are made from exercising those functions.                  

### Appointment of committees etc.N.I.

#### Appointment of committees etc. for the purpose of discharging functionsN.I.

11—(1) For the purpose of discharging any functions in pursuance of arrangements made under this Part—                  

(a)a council may appoint a committee of the council; or                  

(b)two or more councils may appoint a joint committee of those councils; or                  

(c)any such committee may appoint one or more sub-committees.                  

(2) Subject to this Act, the number of members of a committee appointed under subsection (1), their term of office, and the area                     (if restricted) within which the committee is to exercise its authority must be fixed by the appointing council or councils                     or, in the case of a sub-committee, by the appointing committee.                  

(3) A committee appointed under subsection (1), other than a committee for regulating and controlling the finance of the council,                     may, subject to section 15, include persons who are not members of the appointing council or councils or, in the case of a                     sub-committee, the council or councils of which it is a sub-committee.                  

#### Appointment of committee to advise on discharge of functionsN.I.

12—(1) A council may appoint a committee, and two or more councils may join in appointing a committee, to advise—                  

(a)the appointing council or councils; or                  

(b)where the appointing council or each of the councils operates executive arrangements, any executive of that or those councils,                        or a sub-committee of that executive,                  

on any matter relating to the discharge of their functions.

(2) A committee appointed under subsection (1) may—

(a)consist of such persons (whether members of the appointing council or councils or not) appointed for such term as may be determined                        by the appointing council or councils; and                  

(b)appoint one or more sub-committees to advise the committee with respect to any such matter.                  

#### Appointment of councillors to committees, etc.N.I.

13  Schedule 2 (which makes provision relating to the appointment of councillors to committees, etc.) has effect.                  

### SupplementaryN.I.

#### Joint committees: further provisionsN.I.

14—(1) The councils which appoint a joint committee must pay its expenses—                  

(a)in such proportions as they may agree upon; or                  

(b)if they fail to agree, as may be determined by the Department.                  

(2) The Department, on the application of the councils which appoint a joint committee, may by order make provision for the purpose                     of—                  

(a)constituting the joint committee a body corporate by the name specified in the order;                  

(b)fixing the functions of the body corporate so constituted;                  

(c)applying to that body any statutory provision, subject to the modifications (if any) specified in the order;                  

(d)providing for the winding-up and dissolution of any body corporate so constituted.                  

(3) A member of a joint committee or a sub-committee of a joint committee who is not a member of a council has the same exemption                     from personal liability as a member of a council.                  

#### Disqualification for membership of committeesN.I.

15—(1) A person who is disqualified for being elected or being a member of a council is disqualified for being—                  

(a)a member of any committee or sub-committee of that council;                  

(b)a representative of that council on any joint committee; and                  

(c)a member of a sub-committee of a joint committee on which that council is represented.                  

(2) Section 6 of the Local Government Act (Northern Ireland) 1972 (penalties for acting while disqualified) applies to members                     of a committee or sub-committee of a council who are not councillors as it applies to councillors.                  

(3) Subsection (1) applies whether the committee or joint committee is appointed under this Part or otherwise.

#### Declaration required of persons who are not members of councilN.I.

16—(1) A person who—                  

(a)is a member of a committee appointed under section 11 or 12; but                  

(b)is not a member of the council which appointed that committee,                  

must not act as a member of that committee until the person has made, and served on the clerk of the council, a declaration                     in the form set out in Schedule 3.                  

(2) This section applies to a joint committee and a sub-committee appointed under section 11 or 12 as it applies to a committee                     appointed under section 11 or 12 except that in relation to a joint committee—                  

(a)the reference in subsection (1)(b) to the council which appointed that committee is to be taken as a reference to one of the                        councils which appointed that joint committee; and                  

(b)the reference in subsection (1) to the clerk of the council is to be taken as a reference to the clerk of every council which                        appointed that joint committee.                  

#### Voting rights of persons who are not members of councilN.I.

17—(1) A person who—                  

(a)is a member of a committee appointed under section 11 or 12; but                  

(b)is not a member of the council which appointed that committee,                  

must for all purposes be treated as a non-voting member of that committee.

(2) A person treated by virtue of this section as a non-voting member of any committee, is not entitled to vote at any meeting                     of the committee on any question which falls to be decided at that meeting.                  

(3) In this section any reference to voting includes a reference to making use of a casting vote.

(4) This section applies to a joint committee and a sub-committee appointed under section 11 or 12 as it applies to a committee                     appointed under section 11 or 12 except that in relation to a joint committee the reference in subsection (1)(b) to the council                     which appointed that committee is to be taken as a reference to one of the councils which appointed that joint committee.                  

#### Termination of membership on ceasing to be member of councilN.I.

18—(1) Every member of a committee appointed under this Act who at the time of the appointment was a member of the appointing council,                     or one of the appointing councils, upon ceasing to be a member of that council also ceases to be a member of the committee.                  

(2) For the purposes of this section a member of a council is not to be deemed to have ceased to be a member of the council by                     reason of retirement if re-elected a member of the council not later than the day of that retirement.                  

(3) Subsection (1) is subject to subsection (2).

## **PART 5**N.I.PERMITTED FORMS OF GOVERNANCE

### Permitted forms of governanceN.I.

19—(1) A council must operate a committee system unless the council decides to operate executive arrangements or prescribed arrangements.                  

(2) A decision to operate executive arrangements or prescribed arrangements must be taken by a qualified majority.

(3) Executive arrangements must conform with any provisions made by or under this Act which relate to such arrangements (see,                     in particular, Part 6).                  

(4) A committee system must conform with any provisions made by or under this Act which relate to such a system (see, in particular,                     Part 4).                  

(5) In this Part—

“executive arrangements” means arrangements by a council—                  

for and in connection with the creation and operation of an executive of the council, and

under which certain functions of the council are the responsibility of the executive;

“committee system” means arrangements made by a council, which does not operate executive arrangements or prescribed arrangements, for or in                     connection with the discharge of its functions in accordance with Part 4;                  

“prescribed arrangements” means such arrangements as may be prescribed in regulations made under section 20.                  

### Power to prescribe additional permitted governance arrangementsN.I.

20—(1) Regulations may make provision prescribing arrangements that councils may operate for and in connection with the discharge                     of their functions.                  

(2) In particular, the regulations—

(a)must include provision about how, and by whom, the functions of a council are to be discharged, and                  

(b)may include provision enabling functions to be delegated.                  

(3) Regulations under this section may, in particular, include provision which applies or reproduces (with or without modifications)                     any provisions of, or any provision made under, Part 6.                  

(4) In considering whether or how to exercise the power in this section, the Department must have regard to any proposals made                     under subsection (5).                  

(5) A council may propose to the Department that the Department make regulations prescribing arrangements specified in the proposal                     if the council considers that the conditions in subsection (6) are met.                  

(6) The conditions are—

(a)that the operation by the council of the proposed arrangements would be an improvement on the arrangements which the council                        has in place for the discharge of its functions at the time that the proposal is made to the Department;                  

(b)that the operation by the council of the proposed arrangements would be likely to ensure that the decisions of the council                        are taken in an efficient, transparent and accountable way; and                  

(c)that the arrangements, if prescribed under this section, would be appropriate for all councils to consider.                  

(7) A proposal under subsection (5)—

(a)must describe the provision which the council considers should be made under subsection (2) in relation to the proposed arrangements;                        and                  

(b)explain why the conditions in subsection (6) are met in relation to the proposed arrangements.                  

## **PART 6**N.I.EXECUTIVE ARRANGEMENTS

### Council executivesN.I.

#### Council executivesN.I.

21—(1) The executive of a council must take a form specified in subsection (2).                  

(2) The executive may consist of—

(a)a committee of the council (“cabinet-style executive”); or                  

(b)more than one committee of the council (“streamlined committee executive”).                  

(3) The chair and deputy chair of the council shall be non-voting members of the executive and shall be disregarded for the purpose                     of subsections (4) and (5).                  

(4) A cabinet-style executive must have—

(a)at least six members; and                  

(b)not more than ten members.                  

(5) Each committee in a streamlined committee executive must have—

(a)at least six members; and                  

(b)not more than ten members.                  

(6) Regulations may amend the number of members specified in subsection (4)(b) or (5)(b).

### Executive functionsN.I.

#### Functions which are the responsibility of an executiveN.I.

22—(1) This section has effect for the purposes of determining which of the functions of a council that operates executive arrangements                     are the responsibility of an executive of the council under those arrangements.                  

(2) Subject to any provision made by this Act or by any statutory provision which is passed or made after the day on which this                     Act is passed, any function of the council which is not specified in regulations under subsection (3) is to be the responsibility                     of an executive of the council under executive arrangements.                  

(3) Regulations may make provision for any function of a council specified in the regulations—

(a)to be a function which is not to be the responsibility of an executive of the council under executive arrangements;                  

(b)to be a function which may be the responsibility of such an executive under such arrangements; or                  

(c)to be a function which—                  

(i)to the extent provided by the regulations, is to be the responsibility of such an executive under such arrangements, and                  

(ii)to the extent provided by the regulations, is not to be the responsibility of such an executive under such arrangements.                  

(4) Executive arrangements must make provision for any function of a council falling within subsection (3)(b)—

(a)to be a function which is to be the responsibility of an executive of the council;                  

(b)to be a function which is not to be the responsibility of such an executive; or                  

(c)to be a function which—                  

(i)to the extent provided by the arrangements, is to be the responsibility of such an executive, and                  

(ii)to the extent provided by the arrangements, is not to be the responsibility of such executive.                  

(5) The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a council that operates executive                     arrangements—                  

(a)to designate any action in connection with the discharge of that function which is to be the responsibility of an executive                        of the council; and                  

(b)to designate any action in connection with the discharge of that function which is not to be the responsibility of such an                        executive.                  

(6) Regulations may specify cases or circumstances in which any function of a council which, by virtue of the preceding provisions                     of this section, would otherwise be the responsibility of an executive of the council to any extent is not to be the responsibility                     of such an executive to that or any particular extent.                  

(7) A function of a council may, by virtue of this section, be the responsibility of an executive of the council to any extent                     notwithstanding that Part 4, or any provision of that Part, does not apply to that function.                  

(8) Any reference in this section to a function specified in regulations includes a reference to a function of a description specified                     in regulations.                  

(9) In this section—

“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any statutory                     provision) involving—                  

the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,

the doing of anything incidental or conducive to the discharge of the function, or

the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a)                              or (b),                           

“function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.                  

#### Functions of an executive: further provisionN.I.

23—(1) Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive                     of a council under executive arrangements is a reference to the functions of the council to the extent to which they are or                     (as the case may be) are not, by virtue of section 22, the responsibility of the executive under such arrangements.                  

(2) Any function which is the responsibility of an executive of a council under executive arrangements—

(a)is to be regarded as exercisable by the executive on behalf of the council; and                  

(b)may be discharged only in accordance with any provisions made by or under this Part which apply to the discharge of any such                        function by that form of executive.                  

(3) Accordingly, any function which is the responsibility of an executive of a council under executive arrangements—

(a)may not be discharged by the council;                  

(b)is not to be a function to which section 7(1) applies; and                  

(c)may be the subject of arrangements made under section 9 only if permitted by any provision made under section 26.                  

(4) Subject to any provision made under subsection (5), any function of a council that operates executive arrangements which,                     under those arrangements, is not the responsibility of the executive of the council is to be discharged in any way which would                     be permitted or required apart from the provisions made by or under this Part.                  

(5) Regulations may make provision with respect to the discharge of any function of a council that operates executive arrangements                     which, under those arrangements, is not the responsibility of the executive of the council (including provision disapplying                     Part 4 (discharge of functions) or any provision of that Part).                  

(6) In this section “function” has the same meaning as in section 22.                  

### Allocation and discharge of functionsN.I.

#### Allocation and discharge of functionsN.I.

24—(1) Where executive arrangements make provision for a streamlined committee executive, they must make provision with respect to                     the allocation of functions which are the responsibility of the executive among its committees.                  

(2) Where executive arrangements make provision for a cabinet-style executive, the executive may arrange for the discharge of                     any of its functions by—                  

(a)a sub-committee of that executive; or                  

(b)an officer of the council.                  

(3) Where executive arrangements make provision for a streamlined committee executive, any committee of that executive may arrange                     for the discharge of any of the committee's functions by—                  

(a)a sub-committee of that committee; or                  

(b)an officer of the council.                  

(4) Where by virtue of this section any functions may be discharged by a sub-committee, the sub-committee may arrange for the                     discharge of any of those functions by an officer of the council.                  

(5) Any arrangements made by virtue of this section by an executive, committee or sub-committee for the discharge of any functions                     by a sub-committee or officer are not to prevent the executive, committee or sub-committee by which the arrangements are made                     from exercising those functions.                  

#### Discharge of functions of and by another councilN.I.

25—(1) Regulations may make provision for or in connection with enabling an executive of a council to arrange for the discharge of                     any functions which, under executive arrangements, are the responsibility of the executive—                  

(a)by another council; or                  

(b)by the executive of another council.                  

(2) Regulations may make provision for or in connection with enabling a council to arrange for the discharge of any of its functions                     by the executive of another council.                  

(3) The reference in subsection (2) to the functions of a council, in a case where the council is operating executive arrangements,                     is a reference to the functions which, under those arrangements, are not the responsibility of the council's executive.                  

(4) Regulations under subsection (1) or (2) may, in particular, include provision—

(a)requiring, in the case of arrangements for the discharge of any functions by the executive of another council, the approval                        of the other council of which the executive is part to such arrangements;                  

(b)which, in the case of arrangements for the discharge of any functions by another council, enables any of those functions to                        be delegated;                  

(c)which, in the case of arrangements for the discharge of any functions by the executive of another council, enables any of                        those functions to be delegated.                  

(5) The provisions made under subsection (4)(b) may, in particular, apply or reproduce (with or without modifications) any provisions                     of sections 7 and 10.                  

(6) The provision made under subsection (4)(c) may, in particular, apply or reproduce (with or without modifications) any provisions                     of section 24.                  

#### Joint exercise of functionsN.I.

26—(1) Regulations may make provision for or in connection with permitting arrangements under section 9 where any of the functions                     which are the subject of the arrangements are the responsibility of an executive of a council under executive arrangements.                  

(2) The provision which may be made under subsection (1) includes, in particular, provision—

(a)as to the circumstances in which the executive is to be a party to the arrangements in place of the council;                  

(b)as to the circumstances in which—                  

(i)the council, and                  

(ii)the executive,                  

are both to be parties to the arrangements;

(c)as to the circumstances in which any functions of the council under section 7(4) or (6) or 11(1)(b), (2) or (3), so far as                        they relate to any joint committee falling within section 9(2)(a), are instead to be exercised by the executive;                  

(d)as to the circumstances in which any functions of the council under section 7(4) or (6) or 11(1)(b), (2) or (3), so far as                        they relate to any such joint committee, are to be exercised by the council;                  

(e)as to the persons (including officers of the council) who may be appointed to any such joint committee by the executive.                  

### Overview and scrutiny committeesN.I.

#### Overview and scrutiny committees: functionsN.I.

27—(1) Executive arrangements by a council must include provision for the appointment by the council of one or more committees of                     the council (referred to in this Part as overview and scrutiny committees).                  

(2) Executive arrangements by a council must ensure that its overview and scrutiny committee has power (or its overview and scrutiny                     committees have power between them)—                  

(a)to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are                        the responsibility of the executive;                  

(b)to make reports or recommendations to the council or the executive with respect to the discharge of any functions which are                        the responsibility of the executive;                  

(c)to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are                        not the responsibility of the executive;                  

(d)to make reports or recommendations to the council or the executive with respect to the discharge of any functions which are                        not the responsibility of the executive;                  

(e)to make reports or recommendations to the council or the executive on matters which affect the council's district or the inhabitants                        of that district.                  

(3) For the purpose of dealing with a matter of concern to more than one overview and scrutiny committee of the council, standing                     orders may provide for the council to appoint an ad hoc overview and scrutiny committee or for the relevant committees to                     sit concurrently.                  

(4) The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented                     includes power—                  

(a)to recommend that the decision be reconsidered by the person who made it; or                  

(b)to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the council.                  

(5) An overview and scrutiny committee of a council may not discharge any functions other than its functions under this section                     and sections 28 to 33.                  

#### Overview and scrutiny committees: supplementary provisionN.I.

28—(1) An overview and scrutiny committee of a council—                  

(a)may appoint one or more sub-committees, and                  

(b)may arrange for the discharge of any of its functions by any such sub-committee.                  

(2) A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under                     subsection (1)(b).                  

(3) An overview and scrutiny committee of a council, or a sub-committee of such a committee, may not include a member of the council's                     executive.                  

(4) An overview and scrutiny committee of a council, or any sub-committee of such a committee, may include persons who are not                     councillors.                  

(5) Persons who are not members of the council are not entitled to vote at any meeting of its overview and scrutiny committee,                     or any sub-committee of such a committee, on any question which falls to be decided at that meeting, unless permitted to do                     so under Schedule 4 (voting rights of co-opted members); and that Schedule shall have effect.                  

(6) Section 11(2) and sections 16 and 18 apply to an overview and scrutiny committee of a council, or a sub-committee of such                     a committee, as they apply to a committee appointed under section 11.                  

(7) An overview and scrutiny committee of a council or a sub-committee of such a committee—

(a)may require members of the executive, and officers of the council, to attend before it to answer questions; and                  

(b)may invite other persons to attend meetings of the committee.                  

(8) It is the duty of any member or officer mentioned in paragraph (a) of subsection (7) to comply with any requirement mentioned                     in that paragraph.                  

(9) A person is not obliged by subsection (8) to answer any question which the person would be entitled to refuse to answer in                     or for the purposes of proceedings in a court in Northern Ireland.                  

(10) In exercising, or deciding whether to exercise, any of its functions, an overview and scrutiny committee of a council, or                     a sub-committee of such a committee, must have regard to any guidance issued by the Department.                  

#### Scrutiny officersN.I.

29—(1) A council must designate one of its officers to discharge the functions mentioned in subsection (2).                  

(2) Those functions are—

(a)to promote the role of the council's overview and scrutiny committee or committees;                  

(b)to provide support to the council's overview and scrutiny committee or committees and the members of that committee or those                        committees;                  

(c)to provide support and guidance to—                  

(i)councillors;                  

(ii)members of the executive of the council; and                  

(iii)officers of the council,                  

in relation to the functions of the council's overview and scrutiny committee or committees.

(3) An officer designated by the council under this section is to be known as the council's “scrutiny officer”.

(4) A council must not designate under this section—

(a)the clerk of the council;                  

(b)the chief financial officer of the council.                  

(5) In this section references to an overview and scrutiny committee include any sub-committee of that committee.

#### Reference of matters to overview and scrutiny committee etc.N.I.

30—(1) Executive arrangements by a council must include provision which—                  

(a)enables any member of an overview and scrutiny committee of the council to refer to the committee any matter which is relevant                        to the functions of the committee;                  

(b)enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the                        functions of the sub-committee; and                  

(c)enables any councillor to refer to an overview and scrutiny committee of the council of which the councillor is not a member                        any matter which is relevant to the functions of the committee and is not a prescribed matter.                  

(2) For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables                     the person to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.                  

(3) In considering whether to exercise the power which a councillor has by virtue of subsection (1)(c) in any case, the councillor                     must have regard to any guidance issued by the Department.                  

#### Dealing with references under section 30(1)(c)N.I.

31—(1) This section applies where a matter is referred to an overview and scrutiny committee by a councillor in accordance with provision                     made pursuant to section 30(1)(c).                  

(2) In considering whether or not to exercise any of its powers under section 27(2) in relation to the matter, the committee may                     have regard to any representations made by the councillor as to why it would be appropriate for the committee to exercise                     any of its powers under section 27(2) in relation to the matter.                  

(3) If the committee decides not to exercise any of those powers in relation to the matter, it must notify the councillor of—

(a)its decision; and                  

(b)the reasons for it.                  

(4) The committee must provide the councillor with a copy of any report or recommendations which it makes to the council or the                     executive under section 27(2) in relation to the matter.                  

(5) Subsection (4) is subject to section 33 (confidential and exempt information).

#### Duty of council or executive to respond to overview and scrutiny committeeN.I.

32—(1) This section applies where an overview and scrutiny committee of a council makes a report or recommendations to the council                     or the executive.                  

(2) The overview and scrutiny committee may publish the report or recommendations.

(3) The overview and scrutiny committee must by notice in writing require the council or executive—

(a)to consider the report or recommendations;                  

(b)to respond to the overview and scrutiny committee indicating what (if any) action the council, or the executive, proposes                        to take;                  

(c)if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response;                        and                  

(d)if the overview and scrutiny committee provided a copy of the report or recommendations to a councillor under section 31(4),                        to provide the councillor with a copy of the response.                  

(4) The notice served under subsection (3) must require the council or executive to comply with it within two months beginning                     with the date on which the council or executive received the report or recommendations or (if later) the notice unless, in                     accordance with standing orders, the overview and scrutiny committee deems the notice to require a prompt response in which                     case the notice must require the council or the executive to comply within one month.                  

(5) It is the duty of a council or executive to which a notice is given under subsection (3) to comply with the requirements specified                     in the notice.                  

(6) Subsections (2) and (5) are subject to section 33 and to any provision made under section 35(3) (confidential and exempt information).

(7) In this section—

(a)references to an overview and scrutiny committee include references to a sub-committee of such a committee;                  

(b)references to “the council” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the council by which                        the overview and scrutiny committee is established or to the executive of that council.                  

#### Publication etc. of reports, recommendations and responses: confidential and exempt informationN.I.

33—(1) This section applies to—                  

(a)the publication under section 32 of any document comprising—                  

(i)a report or recommendations of an overview and scrutiny committee, or                  

(ii)a response of a council to any such report or recommendations; and                  

(b)the provision of a copy of such a document to a councillor under section 31(4) or section 32 by an overview and scrutiny committee                        or a council.                  

(2) The overview and scrutiny committee or the council, in publishing the document—

(a)must exclude any confidential information; and                  

(b)may exclude any relevant exempt information.                  

(3) The overview and scrutiny committee or the council, in providing a copy of the document to a councillor, may exclude any confidential                     information or relevant exempt information.                  

(4) Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the council, in publishing,                     or providing a copy of, the document—                  

(a)may replace so much of the document as discloses the information with a summary which does not disclose that information;                        and                  

(b)must do so if, in consequence of excluding the information, the document published, or a copy provided, would be misleading                        or not reasonably comprehensible.                  

(5) Subsection (6) applies if, by virtue of subsection (2), (3) or (4), an overview and scrutiny committee, in publishing or providing                     a copy of a report or recommendations—                  

(a)excludes information; or                  

(b)replaces part of the report or recommendations with a summary.                  

(6) The overview and scrutiny committee is nevertheless to be taken for the purposes of section 32(3)(c) or (d) to have published                     or provided a copy of the report or recommendations.                  

(7) In this section references to relevant exempt information are references to—

(a)in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified                        in a resolution of the overview and scrutiny committee under section 42(4) which applied to the proceedings, or part of the                        proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered;                        and                  

(b)in relation to a response of the council, exempt information of a description specified in such a resolution of the council                        which applied to the proceedings, or part of the proceedings, at any meeting of the council at which the report or response                        was, or recommendations were, considered.                  

(8) In this section—

“confidential information” has the meaning given by section 42(3) (admission to meetings of councils);                  

“exempt information” has the meaning given by section 51.                  

(9) In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.

### Meetings and access to information etc.N.I.

#### Meetings and access to information etc.N.I.

34—(1) Meetings are to be open to the public or held in private.                  

(2) Subject to regulations under section 35(4), it is for a council executive to decide which meetings are to be open to the public                     and which are to be held in private.                  

(3) A written record must be kept of prescribed decisions made at meetings which are held in private.

(4) Written records under subsection (3) must include reasons for the decisions to which they relate.

(5) In this section “meetings” means meetings of an executive or any sub-committee of an executive.                  

#### Meetings and access to information etc.: further provision and regulationsN.I.

35—(1) Written records under section 34(3), together with such reports, background papers or other documents as may be prescribed,                     must be made available to members of the public in accordance with regulations.                  

(2) Regulations under subsection (1) may make provision for or in connection with preventing the whole or part of any record or                     document containing prescribed information from being made available to members of the public.                  

(3) Regulations may make provision—

(a)with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions                        are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling                        such meetings to be held in private);                  

(b)for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph                        (a) are held in private;                  

(c)for or in connection with requiring written records falling within paragraph (b) to include reasons;                  

(d)for or in connection with requiring any such written records to be made available to members of the public;                  

(e)for or in connection with requiring documents connected with decisions to which any such written records relate to be made                        available to members of the public.                  

(4) Regulations may make provision—

(a)as to the circumstances in which meetings falling within section 34, or particular proceedings at such meetings, must be open                        to the public;                  

(b)as to the circumstances in which meetings falling within section 34, or particular proceedings at such meetings, must be held                        in private;                  

(c)with respect to the information which is to be included in written records kept by virtue of this section or section 34;                  

(d)with respect to the reasons which are to be included in any such written records;                  

(e)with respect to the persons who are to produce, keep or make available any such written records;                  

(f)for or in connection with requiring any such written records to be made available to members of councils or to overview and                        scrutiny committees or sub-committees;                  

(g)for or in connection with requiring documents connected with decisions to which any such written records relate to be made                        available to members of councils or to overview and scrutiny committees or sub-committees;                  

(h)for or in connection with requiring information to be made available by electronic means;                  

(i)for or in connection with conferring rights on members of the public or members of councils, overview and scrutiny committees                        or sub-committees in relation to records or documents;                  

(j)for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue                        of this section or section 34.                  

(5) Regulations may make provision for or in connection with requiring prescribed information about prescribed decisions made                     in connection with the discharge of functions which are the responsibility of a council executive to be made available to                     members of the public or members of the council.                  

(6) The provision which may be made under subsection (5) includes provision—

(a)requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection;                  

(b)as to the way or form in which prescribed information is to be made available.                  

(7) Regulations may make provision which, in relation to meetings falling within—

(a)section 34; or                  

(b)subsection (3)(a),                  

applies or reproduces (with or without modifications) any provisions of Part 8.

(8) Regulations may make provision in relation to—

(a)the publication by executives of councils under section 32 of responses to reports or recommendations of overview and scrutiny                        committees and their sub-committees; or                  

(b)the provision by executives of councils under section 32 of copies of such responses,                  

which applies or reproduces (with or without modifications) any provisions of section 33 (confidential and exempt information).

## **PART 7**N.I.MEETINGS AND PROCEEDINGS

### GeneralN.I.

#### Meetings and proceedingsN.I.

36  Schedule 5 (which makes provision as respects meetings and proceedings of councils and their committees) has effect subject                     to this Part.                  

### Standing ordersN.I.

#### Standing ordersN.I.

37—(1) A council must make standing orders for the regulation of the proceedings and business of the council.                  

(2) A council may vary or revoke standing orders.

(3) Subsections (1) and (2) are subject to section 38 and the other provisions of this Act.

(4) This section applies to a joint committee as it applies to a council.

#### Regulations about standing ordersN.I.

38—(1) Regulations may require councils, subject to such variations as may be authorised by the regulations—                  

(a)to incorporate such provision as may be prescribed by the regulations in standing orders for regulating their proceedings                        and business; and                  

(b)to make or refrain from making such other modifications of any such standing orders as may be so prescribed.                  

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may require such standing orders                     as are mentioned in that subsection to contain provision which, notwithstanding any statutory provision or the decision of                     any council or committee or sub-committee of a council, authorises persons who are members of such a council, committee or                     sub-committee—                  

(a)to requisition meetings of the council or of any of its committees or sub-committees;                  

(b)to require a decision of a committee or sub-committee of the council to be referred to and reviewed by the council itself                        or by a committee of the council;                  

(c)to require that a vote with respect to a matter falling to be decided by the council or by any of its committees or sub-committees                        is to be taken in a particular manner.                  

(3) Regulations under subsection (1) may contain such incidental provision and such supplemental, consequential and transitional                     provision in connection with their other provisions as the Department considers appropriate.                  

(4) Regulations under subsection (1) may make similar provisions in relation to joint committees as are made in relation to councils.

### Decision-makingN.I.

#### Simple majorityN.I.

39—(1) Subject to this Act and any other statutory provision, every decision of a council must be taken by a simple majority.                  

(2) In the case of an equality of votes in relation to a decision which must be taken by a simple majority the person presiding                     has a second or casting vote.                  

(3) In this section “simple majority” in relation to a decision of a council means more than half the votes of the members present and voting on the decision.                  

(4) This section applies to a committee or sub-committee of a council and to a joint committee or a sub-committee of a joint committee                     as it applies to a council.                  

#### Qualified majorityN.I.

40—(1) Standing orders must specify decisions which are to be taken by a qualified majority.                  

(2) In this Act “qualified majority” in relation to a decision of a council means 80 per cent. of the votes of the members present and voting on the decision.                  

(3) If the figure arrived at under subsection (2) is not a whole number, the figure must be rounded up to the next whole number.

(4) Regulations may amend the percentage mentioned in subsection (2).

(5) This section applies to a committee or sub-committee of a council and to a joint committee or a sub-committee of a joint committee                     as it applies to a council.                  

#### Power to require decisions to be reconsideredN.I.

41—(1) Standing orders must make provision requiring reconsideration of a decision if 15 per cent. of the members of the council                     (rounded up to the next highest whole number if necessary) present to the clerk of the council a requisition on either or                     both of the following grounds—                  

(a)that the decision was not arrived at after a proper consideration of the relevant facts and issues;                  

(b)that the decision would disproportionately affect adversely any section of the inhabitants of the district.                  

(2) Standing orders must require the clerk of the council to obtain an opinion from a practising barrister or solicitor before                     reconsideration of a decision on a requisition made wholly or partly on the ground mentioned in subsection (1)(b).                  

(3) Regulations may amend the percentage mentioned in subsection (1) and the process by which a legal opinion is obtained in subsection                     (2).                  

(4) In this section—

“decision” means a decision of the council or a committee of the council and includes a decision to make a recommendation;                  

“reconsideration” means—                  

in the case of a decision of the council, reconsideration by the council;

in any other case, consideration by the council or any specified committee of the council (whether or not the decision is                              a decision of that committee);                           

“section”, in relation to the inhabitants of a district, means a section of a specified description;                  

“specified” means specified in standing orders.                  

## **PART 8**N.I.ACCESS TO MEETINGS AND DOCUMENTS

### Inspection of minutes and other documents after meetingsN.I.

### Inspection of background papersN.I.

### Application to committees and sub-committeesN.I.

### Audio recording of meetingsN.I.

### Additional rights of access to documents for members of councilsN.I.

### Supplemental provisions and offencesN.I.

### Exempt information and power to vary Schedule 6N.I.

### Interpretation and application of this PartN.I.

## **PART 9**N.I.CONDUCT OF COUNCILLORS

### Code of conductN.I.

#### Code of conductN.I.

### GuidanceN.I.

#### GuidanceN.I.

### InvestigationsN.I.

#### InvestigationsN.I.

### Reports, etc.N.I.

#### Reports, etc.N.I.

#### Interim reportsN.I.

### Decisions and recommendationsN.I.

#### Decisions on interim reportsN.I.

#### RecommendationsN.I.

### Disclosure and registration of councillors' interests, etc.N.I.

#### Disclosure and registration of councillors' interests, etc.N.I.

### MiscellaneousN.I.

#### Expenditure of Commissioner under this ActN.I.

## **PART 10**N.I.COMMUNITY PLANNING

### GeneralN.I.

#### Community planningN.I.

66—(1) A council must—                  

(a)initiate; and                  

(b)having done so, maintain, facilitate and participate in,                  

community planning for its district.

(2) Community planning for a district is a process by which the council and its community planning partners—

(a)identify long-term objectives for improving—                  

(i)the social well-being of the district;                  

(ii)the economic well-being of the district; and                  

(iii)the environmental well-being of the district;                  

(b)identify long-term objectives in relation to the district for contributing to the achievement of sustainable development in                        Northern Ireland; and                  

(c)identify actions to be performed and functions to be exercised by the council and its community planning partners (including                        actions and functions related to the planning, provision and improvement of public services) for the purpose of meeting the                        objectives identified under paragraphs (a) and (b).                  

(3) In subsection (2)(a)—

(a)the reference to improving the social well-being of the district includes promoting equality of opportunity in accordance                        with section 75 of the Northern Ireland Act 1998 and, without prejudice to this, having regard to the desirability of promoting                        good relations; and                  

(b)the reference to improving the economic well-being of the district includes tackling poverty, social exclusion and patterns                        of deprivation;                  

and expressions used in this subsection and in section 28E of that Act (Executive Committee's strategy relating to poverty,                     social exclusion etc.) have the same meaning as in that section.                  

(4) Every community planning partner of a council—

(a)must participate in community planning for the district to the extent that such planning is connected with the partner's functions;                        and                  

(b)must assist the council in the discharge of its duties under subsection (1).                  

(5) For the purposes of this section, a reference to an action to be performed or a function to be exercised by a council or one                     of its community planning partners is a reference to an action or function which is within the powers of the council or partner.                  

(6) In the discharge of its duties under subsection (1) a council must where appropriate have regard to its plan strategy and                     its local policies plan under sections 8 and 9 of the Planning Act (Northern Ireland) 2011.                  

#### Community planning partnersN.I.

67—(1) The Department may by order specify the bodies or persons who are to be the community planning partners of a council.                  

(2) The Department must not make an order containing provisions under subsection (1) unless a draft of the order has been laid                     before, and approved by resolution of, the Assembly.                  

(3) The Department must not make an order under subsection (1) unless it has consulted—

(a)the bodies and persons specified in the order as community planning partners of a council;                  

(b)district councils; and                  

(c)such other bodies and persons as the Department considers appropriate.                  

(4) Subsections (2) and (3) do not apply to an order under subsection (1) which is made solely in consequence of a change of name                     of a body or in consequence of a body ceasing to exist; but such an order is subject to negative resolution.                  

### Community planN.I.

#### Production of community planN.I.

68—(1) Once community planning for a district has reached the stage described in subsection (2), the council must produce a document                     (a “community plan”) containing the information described in subsection (3).                  

(2) The stage referred to in subsection (1) is reached when the council is of the opinion that the degree of consensus amongst                     the community planning partners and the council—                  

(a)as to community plan objectives for the district is such that it is appropriate to set such objectives in the community plan;                        and                  

(b)as to the actions to be performed and functions to be exercised for the purpose of achieving those objectives is such that                        it is appropriate to describe them in the community plan.                  

(3) The information to be contained in the community plan is—

(a)a description of the community plan objectives which the council considers it appropriate to set having regard to the consensus                        referred to in subsection (2)(a); and                  

(b)a description of the actions to be performed and functions to be exercised for the purpose of achieving those objectives which                        the council considers it appropriate to include in the plan having regard to the consensus referred to in subsection (2)(b).                  

(4) The community plan—

(a)must be produced as soon as is reasonably practicable after community planning for the district has reached the stage described                        in subsection (2); and                  

(b)once produced, must be published as soon as is reasonably practicable by the council.                  

#### Duty to review community planN.I.

69—(1) A review must be completed in accordance with section 70—                  

(a)before the fourth anniversary of the date on which the community plan was published under section 68(4); and                  

(b)subsequently, before the fourth anniversary of the date on which the last such review was completed.                  

(2) For the purposes of this section and section 70, a community plan review is completed on—

(a)the date on which an amended community plan is published under section 70(6); or                  

(b)if a review does not result in any amendment to a community plan, the date on which the council decided that it was not required                        under section 70(4) to amend the plan.                  

#### Review of community planN.I.

70—(1) This section sets out the process by which a community plan must be reviewed.                  

(2) A council and, subject to subsection (3), its community planning partners must—

(a)taking into account any statement published under section 71(3) since the community plan was produced or (as the case may                        be) its last review was completed, consider the extent to which—                  

(i)the community plan objectives contained in the plan have been met; and                  

(ii)if an objective has not been met, progress has been made towards meeting the objective;                  

(b)in the light of the consideration under paragraph (a) and any other factors which the council or a partner thinks appropriate,                        consider—                  

(i)whether the community plan objectives should be modified;                  

(ii)whether new objectives should be set;                  

(iii)whether the plan's description of the actions to be taken and functions to be exercised for the purpose of achieving a community                        plan objective should be modified (whether in the light of a modification of an objective or for any other reason);                  

(iv)where the council or partner considers that a new objective should be set, which actions should be taken and which functions                        exercised for the purpose of achieving the objective.                  

(3) A community planning partner's duty under subsection (2) extends only to matters connected with its functions.

(4) If the requirement in subsection (5) is met a council must, following the consideration required by subsection (2), amend                     the community plan for its district by doing all or any of the following—                  

(a)modifying the community plan objectives;                  

(b)setting new objectives;                  

(c)modifying the actions to be taken and functions to be exercised for the purpose of achieving a community plan objective;                  

(d)describing the actions to be taken and functions to be exercised for the purpose of achieving a new objective.                  

(5) The requirement is that, in relation to a proposed amendment, the council is of the opinion that the degree of consensus amongst                     the community planning partners and the council in relation to the amendment is such that it is appropriate to make the amendment.                  

(6) The council must, as soon as is reasonably practicable after becoming subject to the duty under subsection (4), publish an                     amended community plan.                  

#### MonitoringN.I.

71—(1) A council and its community planning partners must ensure that arrangements are made for monitoring—                  

(a)progress made towards meeting the community plan objectives for the district contained in the current community plan; and                  

(b)the effectiveness of actions taken and functions exercised for the purpose of meeting those objectives.                  

(2) A community planning partner's duty under subsection (1) extends only to matters connected with its functions.

(3) A council must at least once every two years publish a statement which describes—

(a)progress made and outcomes achieved in meeting the community plan objectives for its district; and                  

(b)actions taken and functions exercised for the purpose of meeting those objectives.                  

(4) It is the duty of each community planning partner of a council to provide such information as the council may reasonably require                     in order to enable it to comply with its duty under subsection (3).                  

(5) The first statement under subsection (3) must be produced within two years of the date on which a community plan is published                     under section 68(4).                  

#### ImplementationN.I.

72—(1) This section applies to a council or one of its community planning partners if the current community plan for the district                     describes—                  

(a)an action to be performed by the council or partner for the purpose of achieving a community plan objective; or                  

(b)a function to be exercised by the council or partner for the purpose of achieving a community plan objective.                  

(2) The council or community planning partner must take all reasonable steps to perform the action or exercise the function in                     accordance with the community plan.                  

### Community involvementN.I.

#### Community involvementN.I.

73—(1) A council and its community planning partners must seek the participation of and encourage the persons mentioned in subsection                     (2) to express their views, and take those views into account, in connection with—                  

(a)community planning;                  

(b)the production of a community plan for the district; and                  

(c)the review of community plans.                  

(2) The persons are—

(a)persons resident in the district;                  

(b)persons who are not resident in the district but who receive services provided by the council or one of its community planning                        partners;                  

(c)representatives of relevant voluntary bodies;                  

(d)representatives of persons carrying on businesses in the district;                  

(e)other persons who, in the opinion of the council, are interested in the improvement of the district's social, economic or                        environmental well-being.                  

(3) For the purposes of this section “relevant voluntary bodies” means voluntary bodies whose activities directly or indirectly benefit the whole or any part of the district.                  

(4) A registered housing association which provides housing in the district is a relevant voluntary body for the purposes of this                     section.                  

(5) In this section—

“registered housing association” has the same meaning as in Part 2 of the Housing (Northern Ireland) Order 1992;                  

“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 by individual members of the association.                  

### MiscellaneousN.I.

#### GuidanceN.I.

74—(1) The Department may issue guidance about—                  

(a)any aspect of community planning;                  

(b)the production and review of community plans;                  

(c)the duties of a council and its community planning partners under sections 71 to 73.                  

(2) Before issuing guidance under this section the Department must consult councils and—

(a)such associations or bodies representative of councils;                  

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

(c)such other persons or bodies,                  

as appear to the Department to be appropriate.

(3) A council and its community planning partners must have regard to any guidance issued under this section.

#### Duties of departments in relation to community planningN.I.

75  So far as it is reasonably practicable to do so, every Northern Ireland department must—                  

(a)in exercising any function which might affect community planning, promote and encourage community planning;                  

(b)have regard to any implications of a community plan for the exercise of that department's functions.                  

#### Establishment of bodies corporateN.I.

76—(1) The Department may—                  

(a)on the application of a council and at least one of its community planning partners; and                  

(b)after considering a report on the matters specified in subsection (2) made to the Department by the council and at least one                        of the council's community planning partners,                  

by order establish a body corporate having the constitution and functions specified in the order.

(2) The matters referred to in subsection (1)(b) are—

(a)what consultations were conducted on the question whether to apply for an order;                  

(b)the views on that question of the council and the council's community planning partners;                  

(c)the views of other persons consulted on that question;                  

(d)what functions should be specified in the order; and                  

(e)such other matters as may be prescribed.                  

(3) An order made under subsection (1) may include provisions about—

(a)the membership of the body established under it;                  

(b)the proceedings of the body;                  

(c)the transfer of property, rights and liabilities to and from the body;                  

(d)the appointment and employment by the body of staff;                  

(e)the supply by councils and other persons of services for the body;                  

(f)the audit of the accounts of the body;                  

(g)the dissolution of the body; and                  

(h)such other matters as the Department thinks fit.                  

(4) A function may be specified under subsection (1) and accordingly fall to be discharged by the body in relation to which it                     is specified notwithstanding that under any statutory provision the function falls to be discharged also by another body or                     person.                  

(5) Subsection (4) has effect notwithstanding—

(a)the absence of any statutory provision or rule of law providing for the discharge of that function otherwise than by the other                        body or person having that function; or                  

(b)any statutory provision or rule of law preventing the discharge of that function in that way.                  

(6) In subsection (5) “statutory provision” does not include this section.                  

(7) Section 19 of the Interpretation Act (Northern Ireland) 1954 applies to a body established under subsection (1).

#### Amendments of the Planning Act (Northern Ireland) 2011N.I.

77—(1) The Planning Act (Northern Ireland) 2011 is amended as follows.                  

(2) In section 8 (plan strategy), in subsection (5) (matters which a council must take account of in preparing a plan strategy)                     after paragraph (a) there shall be inserted—                  

“(aa)the council's current community plan;”.                  

(3) In section 9 (local policies plan), in subsection (6) (matters which a council must take account of in preparing a local policies                     plan) after paragraph (a) there shall be inserted—                  

“(aa)the council's current community plan;”.                  

(4) In section 250 (interpretation), in subsection (1) after the definition of “clerk of the council” there shall be inserted—

““current community plan” has the same meaning as in Part 10 (community planning) of the Local Government Act (Northern Ireland) 2014;”.                  

(5) The amendments made by this section do not apply in relation to a council until the council has published a community plan                     under section 68(4).                  

#### InterpretationN.I.

78—(1) For the purposes of this Part—                  
          -  “community planning” must be construed in accordance with section 66; 
          -  “community planning partner” means a person falling within section 67;                         
          -  “current community plan” means the community plan for a district published under section 68(4) or, where the plan has been amended following a review                           under section 70, the plan most recently published under section 70(6).                         

(2) Any reference in this Part to an action being performed or a function being exercised for the purposes of achieving a community                     plan objective is a reference to an action being performed or a function being exercised as described in section 66(2)(c).                  

(3) Where this Part refers to a thing being connected with a community planning partner's functions, the functions in question                     do not include the partner's functions under this Part.                  

(4) A document referred to in this Act as a “community plan” (or by an expression including that term) may instead be referred                     to by whatever alternative name is agreed between a council and its community planning partners.                  

## **PART 11**N.I.GENERAL POWERS OF COUNCILS

### Council's general power of competenceN.I.

79—(1) A council has power to do anything that individuals generally may do.                  

(2) Subsection (1) applies to things that an individual may do even though they are in nature, extent or otherwise—

(a)unlike anything the council may do apart from subsection (1); or                  

(b)unlike anything that other public bodies may do.                  

(3) In this section “individual” means an individual with full capacity.                  

(4) Where subsection (1) confers power on the council to do something, it confers power (subject to sections 80 and 81) to do                     it in any way whatever, including—                  

(a)power to do it for a charge, or without charge; and                  

(b)power to do it for, or otherwise than for, the benefit of the council, its district or persons resident or present in its                        district.                  

(5) The generality of the power conferred by subsection (1) (“the general power”) is not limited by the existence of any other                     power of the council which (to any extent) overlaps the general power.                  

(6) Any such other power is not limited by the existence of the general power (but see section 82(2)).

### Boundaries of the general powerN.I.

80—(1) If exercise of a pre-commencement power of a council is subject to restrictions, those restrictions apply also to exercise                     of the general power so far as it is overlapped by the pre-commencement power.                  

(2) The general power does not enable a council to do—

(a)anything which the council is unable to do by virtue of a pre-commencement limitation; or                  

(b)anything which the council is unable to do by virtue of a post-commencement limitation which is expressed to apply—                  

(i)to the general power;                  

(ii)to all of the council's powers; or                  

(iii)to all of the council's powers but with exceptions that do not include the general power.                  

(3) The general power does not confer power to—

(a)make or alter arrangements of a kind which may be made under Part 4;                  

(b)make or alter arrangements of a kind which are made, or may be made, by or under Part 5 or Part 6;                  

(c)make or alter any contracting-out arrangements, or other arrangements within neither of paragraphs (a) and (b), that authorise                        a person to exercise a function of a council.                  

(4) In this section—

“post-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision which comes into operation                     after the commencement of section 79;                  

“pre-commencement limitation” means a prohibition, restriction or other limitation expressly imposed by a statutory provision (including a provision of                     or made under this Act) which comes into operation on or before the commencement of section 79;                  

“pre-commencement power” means power conferred by a statutory provision which comes into operation before the commencement of section 79.                  

### Limits on charging in exercise of general powerN.I.

81—(1) Subsection (2) applies where—                  

(a)a council provides a service to a person otherwise than for a commercial purpose; and                  

(b)its providing the service to the person is done, or could be done, in exercise of the general power.                  

(2) The general power confers power to charge the person for providing the service to the person only if—

(a)the service is not one that a statutory provision requires the council to provide to the person;                  

(b)the person has agreed to its being provided; and                  

(c)the council would not otherwise have power to charge for providing the service.                  

(3) The general power is subject to a duty to secure that, taking one financial year with another, the income from charges allowed                     by subsection (2) does not exceed the costs of provision.                  

(4) The duty under subsection (3) applies separately in relation to each kind of service.

### Powers to make supplemental provisionN.I.

82—(1) If the Department thinks that a statutory provision (whenever passed or made) prevents or restricts councils from exercising                     the general power, the Department may by order amend, repeal, revoke or disapply that provision.                  

(2) If the Department thinks that the general power is overlapped (to any extent) by another power it shall seek to remove or                     reduce that overlap, taking into account the views of the bodies exercising the overlapping powers.                  

(3) For the purposes of subsection (2) the Department may by order amend, repeal, revoke or disapply any statutory provision (whenever                     passed or made).                  

(4) The Department may by order make provision preventing councils from doing, in exercise of the general power, anything which                     is specified, or is of a description specified, in the order.                  

(5) The Department may by order provide for the exercise of the general power by councils to be subject to conditions, whether                     generally or in relation to doing anything specified, or of a description specified, in the order.                  

(6) Before the Department makes an order under this section it must consult—

(a)such associations or bodies representative of councils;                  

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

(c)such other persons or bodies,                  

as appear to the Department to be appropriate.

(7) If, following consultation under subsection (6), the Department proposes to make an order under this section it must lay before                     the Assembly a document explaining the proposals and, in particular—                  

(a)setting them out in the form of a draft order; and                  

(b)giving details of consultation under subsection (6).                  

(8) Where a document relating to proposals is laid before the Assembly under subsection (7), no draft of an order under this section                     to give effect to the proposals (with or without modification) is to be laid before the Assembly until after the expiry of                     the statutory period beginning with the day on which the document was laid.                  

(9) In preparing a draft order under this section the Department must consider any representations made during the period mentioned                     in subsection (8).                  

(10) A draft order laid before the Assembly in accordance with section 127(3) must be accompanied by a statement of the Department                     giving details of—                  

(a)any representations considered in accordance with subsection (9); and                  

(b)any changes made to the proposals contained in the document laid before the Assembly under subsection (7).                  

### Limits on power conferred by section 82(1)N.I.

83—(1) The Department may not make provision under section 82(1) unless the Department considers that the conditions in subsection                     (2), where relevant, are satisfied in relation to that provision.                  

(2) Those conditions are that—

(a)the effect of the provision is proportionate to the policy objective intended to be secured by the provision;                  

(b)the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely                        affected by it;                  

(c)the provision does not remove any necessary protection;                  

(d)the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably                        expect to continue to exercise;                  

(e)the provision is not of constitutional significance.                  

(3) An order under section 82(1) may not make provision for the delegation or transfer of any function of legislating.

(4) For the purposes of subsection (3) a “function of legislating” is a function of legislating by order, rules, regulations or                     other subordinate instrument.                  

## **PART 12**N.I.PERFORMANCE IMPROVEMENT

### General dutyN.I.

#### Improvement: general dutyN.I.

### Improvement objectivesN.I.

### Improvement: supplementaryN.I.

#### Improvement: supplementaryN.I.

#### Appropriate arrangements under sections 84(1) and 85(2)N.I.

### Performance indicators and performance standardsN.I.

#### Performance indicators and performance standardsN.I.

### Improvement planning and informationN.I.

### Improvement audits and assessmentsN.I.

#### Improvement information and planningN.I.

#### Improvement assessmentsN.I.

#### Audit and assessment reportsN.I.

#### Response to section 95 reportsN.I.

#### Annual improvement reportsN.I.

### Special inspectionsN.I.

#### Special inspectionsN.I.

#### Reports of special inspectionsN.I.

### Powers of direction, etc.N.I.

#### Powers of direction, etc.N.I.

### SupplementaryN.I.

#### Power to modify statutory provisions and confer new powersN.I.

#### Application of certain local government audit provisionsN.I.

## **PART 13**N.I.PARTNERSHIP PANEL

### Partnership PanelN.I.

103—(1) The Department must establish and maintain a body to be known as the Partnership Panel for Northern Ireland (“the Panel”).                  

(2) The Panel may—

(a)give advice to any Northern Ireland department about matters affecting the exercise of any of its functions;                  

(b)make representations to any Northern Ireland department about any matters affecting, or of concern to, those involved in local                        government; and                  

(c)give advice to those involved in local government.                  

(3) The Panel is to consist of—

(a)councillors;                  

(b)Ministers; and                  

(c)a maximum of 5 representatives of such representative body or association of the district councils as appears to the Department                        to be appropriate,                  

but this subsection is subject to subsections (4) to (6).

(4) Each council may nominate a councillor to serve as a member of the Panel.

(5) The First Minister and deputy First Minister acting jointly may nominate Ministers to attend particular meetings of the Panel.

(6) Any Minister may attend any meeting of the Panel without having been nominated under subsection (5) to do so.

(7) In this section “Ministers” includes junior Ministers and subject to that any expression used in this section and in the Northern Ireland Act 1998 has                     the same meaning in this section as in that Act.                  

## **PART 14**N.I.SUPERVISION OF COUNCILS BY NORTHERN IRELAND DEPARTMENTS

### Power of any Northern Ireland department to direct council to make reports etc.N.I.

104—(1) Any Northern Ireland department may direct a council to—                  

(a)make to that department such reports and returns; and                  

(b)give to that department such information with respect to the exercise of the council's functions,                  

as may be specified in the direction.

(2) A council must comply with any direction under this section.

### Inquiries and investigationsN.I.

105—(1) Any Northern Ireland department may cause such local and other inquiries to be held and such investigations to be made as                     that department thinks expedient for the purposes of this Act or in connection with the administration of any statutory provision                     relating to the functions of any council or any committee or sub-committee of a council.                  

(2) The provisions of Schedule A1 to the Interpretation Act (Northern Ireland) 1954 have effect in relation to any local or other                     inquiry or any investigation which a Northern Ireland department causes to be held or made under this section as they apply                     in relation to a local or other inquiry or investigation which a Northern Ireland department causes to be held or made under                     an enactment passed or made as mentioned in section 23 of that Act.                  

### Power of any Northern Ireland department to intervene in case of default by councilN.I.

106—(1) This section applies where a Northern Ireland department (“the relevant department”), after causing a local or other inquiry                     to be held or an investigation to be made, is satisfied that a council has failed to discharge any of its functions.                  

(2) The relevant department may make an order—

(a)declaring the council to be in default; and                  

(b)directing the council for the purpose of remedying the default, to take such action, within such period, as is specified in                        the order.                  

(3) If an order under subsection (2) is not complied with, the relevant department may by order empower an officer of the relevant                     department to exercise, or procure the exercise of, the function in question.                  

(4) Any costs incurred by the relevant department or its officer under an order made under subsection (3) must, in the first instance,                     be defrayed as expenses of the relevant department, but—                  

(a)the amount of those costs as certified by the relevant department must, on demand, be paid to it by the council; and                  

(b)any sum demanded under paragraph (a) is a debt recoverable summarily by the relevant department from the council.                  

### International obligationsN.I.

107—(1) If any Northern Ireland department considers that any action proposed to be taken by a council would be incompatible with                     any international obligations, that department may direct that the proposed action must not be taken.                  

(2) If any Northern Ireland department considers that any action capable of being taken by a council is required for the purpose                     of giving effect to any international obligations, that department may direct that the action shall be taken.                  

(3) A direction under this section must give the reasons for making the direction and may make provision having retrospective                     effect.                  

(4) In this section “international obligations” has the same meaning as in the Northern Ireland Act 1998.                  

## **PART 15**N.I.AMENDMENTS OF THE 2005 ORDER

### The local government auditorN.I.

108—(1) For Article 4 of the 2005 Order (local government auditors) there shall be substituted the following Article—                  

#### “The local government auditor

4—(1)The Department may, with the consent of the Comptroller and Auditor General for Northern Ireland, designate a member of the                        staff of the Northern Ireland Audit Office as the local government auditor.                  

(2)The local government auditor may make arrangements with the Comptroller and Auditor General for Northern Ireland for members                        of the staff of the Northern Ireland Audit Office to assist in the performance of the local government auditor's functions.                  

(3)The Department may, with the consent of the Comptroller and Auditor General for Northern Ireland, designate a member of the                        staff of the Northern Ireland Audit Office to be known as the deputy local government auditor.                  

(4)The deputy local government auditor has all the powers of the local government auditor but must exercise them subject to the                        direction and control of the local government auditor.                  

(5)The local government auditor must in respect of each financial year—                  

(a)prepare a report on the exercise of the local government auditor's functions in that year; and                  

(b)send a copy of the report to each council and to the Department.                  

(6)Any sums payable by the local government auditor in consequence of any liability for breach of duty (whether arising under                        a contract or otherwise) incurred in the performance of the local government auditor's functions are charged on and issued                        out of the Consolidated Fund.”.                  

(2) In Schedule 1 to the Audit (Northern Ireland) Order 1987 (The Northern Ireland Audit Office: supplementary provisions), in                     paragraph 2(1)(b) for the words from “Article 4” to the end substitute “ the discharge of the functions of the local government auditor ”.                  

(3) In this Part “the 2005 Order” means the Local Government (Northern Ireland) Order 2005.                  

### Power to repeal provisions relating to surcharge, etc.N.I.

109  The Department may by order repeal—                  

(a)Articles 19 (declaration that item of account is unlawful) and 20 (recovery of amount not accounted for, etc.) of the 2005                        Order;                  

(b)the words “or surcharge” in section 10(3) of the New Towns Act (Northern Ireland) 1965,                  

and amend Articles 18(1) and 23(2) of the 2005 Order in consequence.

### Minor and consequential amendmentsN.I.

110—(1) In section 44 of the Interpretation Act (Northern Ireland) 1954 (definitions for local government purposes), in the definition                     of “local government auditor” for “a person” substitute “ the person ”.                  

(2) In section 10 of the New Towns Act (Northern Ireland) 1965 (accounts of new town commissions, and audit)—

(a)in subsection (3) for “a local government auditor designated by the Ministry for that purpose” and “the auditor” substitute                        “ the local government auditor ”;                  

(b)in subsection (4) for “a local government auditor” substitute “ the local government auditor when ”.                  

(3) In Schedule 3 to the Local Government Act (Northern Ireland) 1972 (Staff Commission), in paragraph 12 for “a local” substitute                     “ the local ”.                  

(4) Schedule 7 (which contains minor and consequential amendments of the 2005 Order) has effect.

## **PART 16**N.I.MISCELLANEOUS

### GuidanceN.I.

#### GuidanceN.I.

111—(1) The Department may issue guidance to councils for the purposes of this Act.                  

(2) Before issuing any guidance under this section the Department must consult councils and—

(a)such associations or bodies representative of councils;                  

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

(c)such other persons or bodies,                  

as appear to the Department to be appropriate.

(3) A council must have regard to any guidance issued under this section.

### RatesN.I.

#### Transitional rate relief in consequence of changes in local government districtsN.I.

112—(1) Article 33A of the Rates (Northern Ireland) Order 1977 (transitional rate relief) is amended as follows.                  

(2) In paragraph (1), for the words “this Article” there shall be substituted the words “ paragraph (2) ”.                  

(3) In paragraph (2), for the word “Article” there shall be substituted the word “ paragraph ”.                  

(4) After paragraph (2) there shall be inserted the following paragraphs—

“(2A)Where paragraph (2B) applies, the Department may, by order subject to negative resolution,—                  

(a)provide for such provisions of this Order as may be specified in the order not to apply or apply subject to modifications                           specified in the order; and                  

(b)provide for so much of the amount of the sum chargeable in respect of rates due in respect of any hereditament as relates                           to a district rate to be such as is determined in accordance with rules specified in the order.                  

(2B)This paragraph applies if it appears to the Department necessary or expedient to make provision under paragraph (2A) in connection                        with changes to local government districts (including changes before the commencement of section 112(4) of the Local Government                        Act (Northern Ireland) 2014).                  

(2C)The Department must within two years of the making of an order under paragraph (2A) lay before the Assembly a report on the                        operation of any transitional rate relief scheme under that paragraph including—                  

(a)the Department's assessment of the likely or actual percentage increase in district rates payable by ratepayers in each affected                           district as a consequence of the termination of the scheme; and                  

(b)consideration of possible further mitigating measures.”.                  

#### Commencement of the Local Government (Boundaries) Order (Northern Ireland) 2012N.I.

113  In Article 1 of the Local Government (Boundaries) Order (Northern Ireland) 2012 (SR 2012 No 421) (citation and commencement), in paragraph (4) (commencement for the purposes of making and levying rates), for                     the words from the beginning to “come into effect on” there shall be substituted the words “ This Order does not apply for the purposes of making and levying of rates, as provided in Part II of the Rates (Northern                        Ireland) Order 1977, in relation to a year beginning before ”.                  

### Transferred functions grantN.I.

#### Transferred functions grantN.I.

114—(1) In the Local Government Finance Act (Northern Ireland) 2011, after section 27 (rates support grant) there shall be inserted                     the following section—                  

##### “27ATransferred functions grant

(1)The Department shall for any prescribed financial year make a grant under this section to councils.                  

(2)In this section “transferred functions grant” means the grant payable under this section for any financial year.                  

(3)The transferred functions grant is payable only to a council which is a new council within the meaning of Part 2 of the Local                        Government (Miscellaneous Provisions) Act (Northern Ireland) 2010.                  

(4)The amount of the transferred functions grant payable to a council for any financial year is the amount equal to the difference                        between—                  

(a)the amount of the product of the district rate for that year (within the meaning of the Rates (Northern Ireland) Order 1977)                           so far as it relates to the rateable net annual values of the hereditaments in the district of that council; and                  

(b)the amount which would have been the amount of that product if the total of the rateable net annual values of the hereditaments                           in the district of that council had been increased by a prescribed amount.                  

(5)Subsection (4) is subject to section 28 (reductions in grants) and to section 63(4) of the Local Government Act (Northern                        Ireland) 2014.                  

(6)Payments in respect of transferred functions grant shall be made to a council at such times as the Department may determine.”.                  

(2) In section 28 of that Act (reductions in grants), in subsections (2)(a) and (6)(b) and in the heading for “or 27” there shall                     be substituted “ , 27 or 27A ”.                  

### Contracts and disposalsN.I.

#### Exclusion of non-commercial considerationsN.I.

115  In Article 19 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (council contracts: exclusion                     of non-commercial considerations), after paragraph (6) there shall be added the following paragraphs—                  

“(7)The Department may by order provide, in relation to councils, for a specified matter to cease to be a non-commercial matter                        for the purposes of this Article.                  

(8)An order under paragraph (7) may—                  

(a)provide for a matter to cease to be a non-commercial matter for specified purposes or to a specified extent;                  

(b)apply in relation to specified councils, functions or contracts;                  

(c)amend a statutory provision;                  

(d)include supplementary, incidental, consequential and transitional provisions.                  

(9)No order shall be made under paragraph (7) unless a draft of the order has been laid before, and approved by resolution of,                        the Assembly.”                  

#### Control of disposals and contracts of existing councils and their financesN.I.

116—(1) Chapter 2 of Part 2 of the Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010 (control of disposals and                     contracts of existing councils) is amended as follows.                  

(2) At the end of the heading to Chapter 2 there shall be added the words “ AND THEIR FINANCES ”.                  

(3) In section 10 (control of disposals and contracts of existing councils)—

(a)at the end of the heading there shall be added the words “ and their finances ”;                  

(b)in subsection (1), after the words “consent of” there shall be added the words “ its successor council or ”;                  

(c)at the end of subsection (1) there shall be added the following paragraphs—                  

“(d)borrow any sum exceeding a specified sum (or any sums exceeding in total any specified sum);                  

(e)reduce any financial reserve of a specified description below a specified limit.”;                  

(d)in subsection (3), after the words “consent of” there shall be inserted the words “ a successor council or ”.                  

(4) In section 11 (directions: supplementary), in subsection (4)(b) after the words “council concerned and ” there shall be inserted                     the words “ its successor council or ”.                  

(5) In section 13 (referral to Department where consent refused or granted subject to conditions)—

(a)in subsection (1)—                  

(i)in paragraph (a), after the words “consent of” there shall be inserted the words “ a successor council or ”;                  

(ii)in paragraph (b), after the words “refused by” there shall be inserted the words “ the successor council or ”;                  

(b)in subsection (2), after the words “decision of” there shall be inserted the words “ the successor council or ”;                  

(c)in subsection (3), omit the words “of a statutory transition committee”;                  

(d)in subsection (4)(a), after the words “made by the” there shall be inserted the words “ successor council or ”.                  

### Payments for special purposes etc.N.I.

#### Payments for special purposes and public appealsN.I.

117  In the Local Government Finance Act (Northern Ireland) 2011 the following provisions cease to have effect—                  

(a)section 37 (payments for special purposes);                  

(b)section 38 (restrictions on power to make payments under section 37); and                  

(c)section 40 (limit on expenditure on payments under section 37 and on public appeals).                  

### Persons ceasing to hold office and unqualified personN.I.

#### Persons ceasing to hold officeN.I.

118—(1) A person who ceases to hold any office under this Act is, unless the person is not qualified or is disqualified, eligible                     to hold that office again.                  

(2) In subsection (1) “office” includes a position of responsibility.                  

(3) Subsection (1) does not apply if the person is not qualified or is disqualified to be elected or to be a councillor.

#### Validity of acts done by unqualified personN.I.

119—(1) The validity of anything done by the holder of an office under this Act is not affected by that person not being qualified                     or being disqualified to be elected or to be a councillor.                  

(2) In subsection (1) “office” includes a position of responsibility.                  

### Power to dissolve Local Government Staff CommissionN.I.

#### Power to dissolve the Local Government Staff Commission for Northern IrelandN.I.

120  In section 40 of the Local Government Act (Northern Ireland) 1972 (Staff Commission), after subsection (8) there shall be                     added the following subsection—                  

“(9)The Department may by order make provision for, and in connection with, the dissolution of the Staff Commission and such an                        order may—                  

(a)provide for the transfer of the functions, assets and liabilities of the Staff Commission to any other body or person; and                  

(b)contain such incidental, consequential, transitional or supplementary provisions (including the modification or repeal of                           any statutory provision (including a provision of this Act)) as appear to the Department to be necessary or expedient.                  

(10)An order must not be made under subsection (9) unless a draft of the order has been laid before, and approved by resolution                        of, the Assembly.”.                  

### InsuranceN.I.

#### Insurance against accidents to councillorsN.I.

121—(1) A council may insure against risks of a councillor meeting with a personal accident, whether fatal or not, while the councillor                     is engaged on the business of the council.                  

(2) Any sum received by the council under any such insurance must, after deduction of any expenses incurred in its recovery, be                     paid by the council to, or to the personal representatives of, the councillor in respect of an accident to whom that sum is                     received.                  

(3) The provisions of the Life Assurance Act 1774 as extended by the Life Insurance (Ireland) Act 1866 does not apply to any insurance                     under this section.                  

(4) In this section—

“council” includes a joint committee;                  

“councillor” includes a member of a committee or sub-committee of a council or a joint committee, whether the member is a member of the                     council or not;                  

“insurance” means a contract with any person whereby, in consideration of payments by the council by way of premium or otherwise, that                     person undertakes to pay to the council such sums as may be provided in the contract on the occurrence of a particular event.                  

### Transfer schemesN.I.

#### Schemes for transfers of assets and liabilitiesN.I.

122—(1) The power conferred by subsection (4) is exercisable where it appears to any Northern Ireland department necessary or expedient                     as mentioned in section 124(1) or (2).                  

(2) Any Northern Ireland department may make one or more schemes for the transfer of designated assets or liabilities of that                     department or a local government body to a local government body.                  

(3) The power conferred by subsection (6) is exercisable by the Department for Social Development if it appears to that department                     necessary or expedient as mentioned in section 124(2).                  

(4) The Department for Social Development may make one or more schemes for the transfer of designated assets or liabilities of                     the Northern Ireland Housing Executive to a local government body.                  

(5) The Department of Culture, Arts and Leisure may make one or more schemes for the transfer of designated assets or liabilities                     of the Board of Trustees of the National Museums and Galleries of Northern Ireland relating to Armagh County Museum to the                     council for the district of Armagh, Banbridge and Craigavon.                  

(6) On the transfer date the designated assets or liabilities are transferred and vest in accordance with the scheme.

(7) Schedule 8 has effect.

(8) In this section “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme.                  

(9) In this section and Schedule 8—

“scheme” means a scheme under this section;                  

“the transfer date”, in relation to a scheme, means the date specified by the scheme as the date on which it is to have effect.                  

(10) In this section and Schedule 8 “local government body”—

(a)in relation to a transfer from a local government body does not include a successor council; and                  

(b)in relation to a transfer to a local government body does not include an existing council.                  

#### Compensation for loss of office or diminution of emolumentsN.I.

123—(1) This section applies to any person who at any time after the date on which this Act receives Royal Assent—                  

(a)is employed by a local government body; and                  

(b)suffers loss.                  

(2) In this section—

“local government body” includes the Local Government Staff Commission and a council whenever established;                  

“loss” means loss of employment or loss or diminution of emoluments which is attributable to any provision made by or under—                  

this or any other Act mentioned in subsection (1) of section 124;

any transfer of functions or any statutory provision falling within paragraph (a) or (b) of subsection (2) of that section.

(3) Compensation in respect of loss suffered by a person to whom this section applies is, subject to subsection (5), to be paid                     only in accordance with regulations made for the purposes of this section under Article 19 of the Superannuation (Northern                     Ireland) Order 1972; and accordingly no local government body is to pay any such compensation under any other statutory provision,                     by virtue of any provision in a contract or otherwise.                  

(4) Subsection (3) does not preclude the payment of compensation if it forms part of a severance arrangement which has been sanctioned                     by the Department. The Department must satisfy itself that the arrangement is reasonable.                  

(5) Subsection (3) does not preclude the making of any payment to which a person is entitled by virtue of contractual rights acquired                     by the person before 12th June 2012.                  

(6) Regulations under Article 19 of the Superannuation (Northern Ireland) Order 1972 must not provide compensation for a person                     to whom this section applies in respect of any loss so far as attributable to the termination on or before 1st April 2015                     of a contract made after 12th June 2012 which provides for the employment of that person for a fixed term extending beyond                     the abolition date.                  

(7) For the purpose of determining under Article 173 or 176 of the Employment Rights (Northern Ireland) Order 1996—

(a)whether the provisions of a new contract offered to a person employed by a local government body differ from the corresponding                        provisions of the previous contract; and                  

(b)whether employment under the new contract is suitable in relation to that person,                  

there is to be treated as forming part of the remuneration payable under the new contract any compensation to which that person                     is or, if the person accepted the offer, would be entitled in accordance with this section.                  

(8) Except as provided in subsection (7), nothing in this section is to be construed as affecting any entitlement to a redundancy                     payment under Part 12 of the Employment Rights (Northern Ireland) Order 1996 or to any payment by virtue of any provision                     of the Superannuation (Northern Ireland) 1972 other than Article 19 of that Order.                  

### Provisions for the purposes of this Act and other purposesN.I.

#### Supplementary and transitional provisions for the purposes of this Act and other purposesN.I.

124—(1) The Department may by regulations make such incidental, consequential, transitional or supplemental provision as appears to                     the Department to be necessary or expedient for the purposes of, or otherwise in connection with—                  

(a)this Act;                  

(b)the Local Government (Boundaries) Act (Northern Ireland) 2008; or                  

(c)the Planning Act (Northern Ireland) 2011.                  

(2) Any Northern Ireland department may by regulations make such incidental, consequential, transitional or supplemental provision                     as appears to that department to be necessary or expedient for the purposes of, or otherwise in connection with—                  

(a)any transfer of functions to a local government body, whether they are functions of that department or not, coming into operation                        on or before 1st April 2015; or                  

(b)any statutory provision coming into operation on or before 1st April 2015 which confers functions on a local government body,                        whether this is expressed as transfer of functions or not.                  

(3) In this section “local government body” includes the Northern Ireland Housing Executive.                  

(4) Nothing in this section is to be taken as limiting the generality of any other statutory provision (including a provision                     of this Act) and nothing in any other statutory provision (including a provision of this Act) is to be taken as limiting the                     generality of this section.                  

(5) Regulations under this section which amend any statutory provision must not be made unless a draft of the regulations has                     been laid before, and approved by resolution of, the Assembly.                  

### Council websitesN.I.

#### Council websitesN.I.

125  The Department must by regulations specify a standard format for the domain names of council websites.                  

### SupplementaryN.I.

#### Regulations and ordersN.I.

127—(1) Before a Northern Ireland department makes regulations or orders to which this subsection applies it must consult councils                     and—                  

(a)such associations or bodies representative of councils;                  

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

(c)such other persons or bodies,                  

as appear to it to be appropriate.

(2) Subsection (1) applies to any regulations and orders under this Act except regulations and orders under—

(a)section 1(2);                  

(b)section 30;                  

(c)section 76;                  

(d)section 100; or                  

(e)section 129.                  

(3) Regulations and orders to which this subsection applies must not be made unless a draft of the regulations or order has been                     laid before, and approved by a resolution of, the Assembly.                  

(4) Subsection (3) applies to regulations and orders which include provisions under—

(a)section 20;                  

(b)section 21;                  

(c)section 38;                  

(d)section 40;                  

(e)section 41;                  

(f)section 48;                  

(g)section 51;                  

(h)section 76;                  

(i)section 82;                  

(j)section 86;                  

(k)section 101;                  

(l)section 109;                  

(m)in Part 2 of Schedule 1, paragraph 11(3);                  

(n)paragraph 5 of Schedule 2.                  

(5) Except where otherwise provided, any other regulations under this Act and any other orders under this Act other than orders                     under sections 67, 106 and 129 are subject to negative resolution.                  

(6) Regulations and orders under this Act may contain such incidental, supplementary, consequential, transitional, transitory                     or saving provisions as the Northern Ireland department making them thinks necessary or expedient.                  

#### Minor and consequential amendments and repealsN.I.

128—(1) Schedule 9 (which contains minor and consequential amendments) has effect.                  

(2) The statutory provisions mentioned in the first column of Schedule 10 are repealed to the extent specified in the second column                     of that Schedule.                  

#### CommencementN.I.

129—(1) Subject to subsection (2), this Act comes into operation on such day or days as the Department may by order appoint.                  

(2) The following provisions come into operation on the day after the day on which this Act receives Royal Assent—

(a)this section;                  

(b)section 130.                  

#### Short titleN.I.

130  This Act may be cited as the Local Government Act (Northern Ireland) 2014.                  

# SCHEDULES

 Section 6(3).

## SCHEDULE 1N.I.POSITIONS OF RESPONSIBILITY

### **PART 1**N.I.FILLING POSITIONS OF RESPONSIBILITY BY NOMINATION

#### Application of this PartN.I.

1  The following provisions of this Part apply unless at the first annual meeting after a local general election the council                     by resolution passed by a qualified majority decides that Part 2 applies.N.I.

Commencement Information

I3Sch. 1 para. 1 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### Selection of positions of responsibility etc. by nominating officersN.I.

2—(1) At the first annual meeting of a council after a local general election the nominating officer of the party for which the                     formula in paragraph 3 gives the highest figure may select—N.I.

(a)a position of responsibility; and

(b)a term for which it may be held.

(2) The term selected must be a term beginning before the date of the next local general election and if the nominating officer                     selects the term beginning with the date of the meeting, the nominating officer must also nominate to hold the selected position                     of responsibility for the selected term a member of the council who stood in the name of the nominating officer's party when                     elected.                  

(3) If—

(a)the nominating officer does not exercise any function conferred by sub-paragraph (1) or (2) within a period specified in standing                        orders; or

(b)the person nominated under sub-paragraph (2) does not take up the selected position of responsibility within that period,

that function becomes exercisable by the nominating officer of the party for which the formula in paragraph 3 gives the next                     highest figure.                  

(4) Sub-paragraphs (1) to (3) must be applied as many times as may be necessary to secure that every position of responsibility                     has been selected (treating the holding of a position of responsibility for each term as a separate position of responsibility                     and disregarding any selection where sub-paragraph (3)(b) applies).                  

Commencement Information

I4Sch. 1 para. 2 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### The formulaN.I.

3—(1) Subject to sub-paragraphs (2) and (3), the formula is—N.I.

where—

S the number of members of the council who stood in the name of the party when elected;

M the number of positions of responsibility (if any) which are held by such members of the council (treating the holding of                           a position of responsibility for each term as a separate position of responsibility).                        

(2) If at the first annual meeting after a local general election the council by resolution passed by a qualified majority so                     decides, the formula in sub-paragraph (1) has effect as if M were doubled.                  

(3) Where the figures given by the formula for two or more parties are equal, each of those figures shall be recalculated with                     S being equal to the number of first preference votes cast for the party at the last local general election.                  

Commencement Information

I5Sch. 1 para. 3 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### VacanciesN.I.

4—(1) Where a position of responsibility becomes vacant before the end of the term for which it is held, the nominating officer                     of the party on whose behalf the previous incumbent was nominated may nominate to hold the position of responsibility for                     the remainder of the term a member of the council who stood in the name of the party when elected.N.I.

(2) If—

(a)the nominating officer does not exercise the power conferred by sub-paragraph (1) within a period specified in standing orders;                        or

(b)a person nominated under sub-paragraph (1) does not take up the position of responsibility within that period,

the vacancy must be filled by applying paragraphs 2 and 3 within a period specified in standing orders.

Commencement Information

I6Sch. 1 para. 4 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### Selection of members at subsequent annual meetingsN.I.

5—(1) At each subsequent annual meeting each nominating officer of a party must select a member of the council who stood in the                     name of that party when elected to hold for the next term each position of responsibility selected by the nominating officer                     of that party under paragraph 2.N.I.

(2) In this paragraph—

“next term”, in relation to a subsequent annual meeting, means the term beginning with that meeting;                  

“subsequent annual meeting” means an annual meeting of the council after the annual meeting mentioned in paragraph 2(1) but before the next local general                     election.                  

(3) This paragraph does not apply in relation to a position of responsibility specified at section 6(1)(e) (member of a cabinet-style                     executive of the council) or section 6(1)(f) (external representative of the council).                  

Commencement Information

I7Sch. 1 para. 5 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### New positions of responsibilityN.I.

6—(1) Where a new position of responsibility arises after the annual meeting mentioned in paragraph 2(1), then at the next meeting                     of the council (which need not be an annual meeting) the nominating officer of the party for which the formula in paragraph                     3 gives the highest figure may select a term beginning before the date of the next local general election for which the new                     position of responsibility may be held.N.I.

(2) The first term begins with the date of the meeting and if the nominating officer selects that term, the nominating officer                     must also nominate to hold the new position of responsibility for that term a member of the council who stood in the name                     of the nominating officer's party when elected.                  

(3) If—

(a)the nominating officer does not exercise any function conferred by sub-paragraph (1) or (2) within a period specified in standing                        orders; or

(b)the person nominated under sub-paragraph (2) does not take up the new position of responsibility within that period,

that function becomes exercisable by the nominating officer of the party for which the formula in paragraph 3 gives the next                     highest figure.                  

(4) Sub-paragraphs (1) to (3) must be applied as many times as may be necessary to secure that—

(a)each term has been selected for that position of responsibility; and

(b)in relation to the term beginning with the date of the meeting a person has taken up that position of responsibility.

Commencement Information

I8Sch. 1 para. 6 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

### **PART 2**N.I.FILLING POSITIONS OF RESPONSIBILITY BY ELECTION

#### Application of this PartN.I.

7  This Part applies only if the council so decides as mentioned in paragraph 1.N.I.

Commencement Information

I9Sch. 1 para. 7 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### Election to positions of responsibilityN.I.

8  At the first annual meeting of a council after a local general election the council must for each term elect a member of the                     council to hold each position of responsibility.N.I.

Commencement Information

I10Sch. 1 para. 8 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### VacanciesN.I.

9  Where a position of responsibility becomes vacant before the end of the term for which it is held, then, unless standing orders                     otherwise provide, the council must at the next meeting of the council elect a member of the council to hold the position                     of responsibility for the remainder of the term.N.I.

Commencement Information

I11Sch. 1 para. 9 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### New positions of responsibilityN.I.

10  Where a new position of responsibility arises after the annual meeting mentioned in paragraph 8, the council must for each                     term elect a member of the council to hold that position of responsibility.N.I.

Commencement Information

I12Sch. 1 para. 10 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### Method of electionN.I.

11—(1) Elections under this Part must be by single transferable vote.N.I.

(2) A single transferable vote is a vote—

(a)capable of being given so as to indicate the voter's order of preference for the candidates; and

(b)capable of being transferred to the next choice when the vote is not needed to give a prior choice the necessary quota of                        votes or when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given                        for that person.

(3) The Department may by order make provision about elections under this Part or any matter relating to them.

Commencement Information

I13Sch. 1 para. 11 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

### **PART 3**N.I.CHAIRS AND DEPUTY CHAIRS

#### Chairs and deputy chairs of council and committeesN.I.

12—(1) In relation to each council there must be—N.I.

(a)a chair of the council; and

(b)if the council so determines, a deputy chair of the council.

(2) Neither the chair nor the deputy chair of a council may hold any other position of responsibility while chair or deputy chair                     unless the position of responsibility falls within section 6(1)(f).                  

(3) In relation to each committee of a council there must be—

(a)a chair of the committee; and

(b)if the council so determines, a deputy chair of the committee.

(4) In sub-paragraph (3) “committee” includes “sub-committee”.                  

Commencement Information

I14Sch. 1 para. 12 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### Chair of council continues until successor takes up officeN.I.

13—(1) Until a successor takes up office the chair of a council continues—N.I.

(a)to hold office as chair of the council; and

(b)to be a member of the council, notwithstanding section 11(2)(c) of the 1962 Act (members of council retire on day after election                        day) if that provision would otherwise apply.

(2) Sub-paragraph (1) ceases to apply if the chair of the council resigns or is disqualified.

Commencement Information

I15Sch. 1 para. 13 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### Chair of council ceases to hold office if absent from districtN.I.

14—(1) The chair of a council who is continuously absent from the district of the council, except in case of illness, for a period                     exceeding three months, ceases as from the expiration of that period to hold office as chair.N.I.

(2) Where a person ceases to be chair of a council under sub-paragraph (1), the council must forthwith declare the office of chair                     vacant and publish a notice to that effect.                  

(3) The notice must be signed by the clerk of the council.

Commencement Information

I16Sch. 1 para. 14 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### Deputy chair of councilN.I.

15—(1) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chair                     in relation to the business of the council may be done by, to or before the deputy chair.N.I.

(2) Notwithstanding anything in section 18(3)(a) of the Interpretation Act (Northern Ireland) 1954, no function is exercisable                     by or in relation to a deputy mayor or a deputy lord mayor that is not exercisable by or in relation to any other deputy chair                     of a council.                  

Commencement Information

I17Sch. 1 para. 15 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

### **PART 4**N.I.GENERAL

#### InterpretationN.I.

16—(1) In this Schedule—N.I.

“1962 Act” means the Electoral Law Act (Northern Ireland) 1962;                  

“2000 Act” means the Political Parties, Elections and Referendums Act 2000;                  

“local general election” has the same meaning as in the 1962 Act;                  

“nominating officer”, in relation to a party, means—                  

the person registered under the 2000 Act as the party's nominating officer; or

a member of the council nominated by that person for the purposes of this Schedule;

“party” means a party registered under the 2000 Act in the Northern Ireland register (within the meaning of that Act);                  

“position of responsibility” means a position of responsibility mentioned in section 6(1);                  

“term” means the period between one annual meeting and another, subject to sub-paragraphs (6) to (8).                  

(2) References in this Part to a person who stood—

(a)in the name of a party; or

(b)in the name of two or more parties; or

(c)as an independent,

when elected have the same meaning as in Part 3 of the 1962 Act by virtue of section 11 of that Act, subject to sub-paragraph                     (4).                  

(3) In this Part, in the case of a person who stood in the name of two or more parties when elected (“A”)—

(a)references to the nominating officer are to be taken as references to the nominating officers of each of the parties acting                        jointly; and

(b)for the purposes of references to a person having stood in the name of a party when elected, A is to be treated as having                        stood in the name of a separate party, which is neither of the parties in whose name the person stood when elected.

(4) A person who stood as an independent when elected is to be treated for the purposes of this Schedule—

(a)as having stood in the name of a party when elected; and

(b)as being the nominating officer of that party and the sole member of the council who stood in the name of that party when                        elected.

(5) In paragraph 3(3), in relation to a person who—

(a)is a member of the council by virtue of having filled a casual vacancy in the seat of a member of the council; and

(b)is treated by virtue of sub-paragraph (3)(b) or (4)(b) as having stood in the name of a party which is different from the                        party in whose name the person (“X”) elected to that seat at the last local general election stood (or is treated as having                        stood),

S is to be treated as equal to the number of first preference votes cast for the party in whose name X stood (or is treated                     as having stood) at the last local general election.                  

(6) If during a term all the members of the council retire by virtue of section 11(2)(c) of the 1962 Act, the term ends when the                     members of the council so retire.                  

(7) In this Schedule “term”, in relation to a member of a cabinet-style executive of the council, means the period beginning with the date of the meeting                     at which the member is nominated or elected, as the case may be, and ending when the members of the council retire by virtue                     of section 11(2)(c) of the 1962 Act.                  

(8) Subject to sub-paragraph (6), in this Schedule “term”, in relation to an external representative of the council, means the period for which that representative is nominated or                     elected to serve.                  

Commencement Information

I18Sch. 1 para. 16 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

#### Cases where persons cease to hold positions of responsibilityN.I.

17—(1) A person ceases to hold a position of responsibility if that person—N.I.

(a)resigns by notice in writing to the clerk of the council;

(b)ceases to be a member of the council otherwise than by virtue of section 11(2)(c) of the 1962 Act; or

(c)is dismissed by the nominating officer of the party in whose name the person stood when elected and the clerk of the council                        is notified of the dismissal.

(2) Paragraph 16(4)(b) does not apply for the purposes of sub-paragraph (1)(c).

Commencement Information

I19Sch. 1 para. 17 in operation at 2.6.2014 for specified purposes by S.R. 2014/153, art. 3, **Sch. 2**

 Section 13.

## SCHEDULE 2N.I.APPOINTMENT OF COUNCILLORS TO COMMITTEES, ETC.

### Exclusion of positions of responsibilityN.I.

1  Paragraphs 2 to 4 do not apply if Schedule 1 applies.N.I.

### Appointment of councillors to committeesN.I.

2—(1) Where a council appoints a committee—N.I.

(a)the council must decide how many places on the committee must be filled by councillors, being at least two-thirds of the total                        number of places on that committee; and

(b)the nominating officer (within the meaning of Schedule 1) of each party may nominate as members of the committee the relevant                        number of councillors who stood in the name of that party when elected.

(2) The relevant number must be calculated in accordance with the formula—

where—

S the number of councillors who stood in the name of the party when elected;

Q the quota calculated in accordance with paragraph 3.

(3) If the number produced by the formula (“N”) is not a whole number, that number must be rounded down to the nearest whole number                     (“W”).                  

(4) If insufficient members are nominated, the nominating officer of the party with the greatest remainder may nominate another                     councillor to be a member of the committee and so on until sufficient members have been nominated.                  

(5) In sub-paragraph (4) “remainder”, in relation to a political party, means N minus W.                  

(6) If the figures given by sub-paragraph (5) in relation to two or more parties are equal, the nominating officer of whichever                     of those parties is the party for which the greatest number of first preference votes was cast at the last local general election                     is to be treated as the nominating officer of the party with the greatest remainder for the purposes of sub-paragraph (4),                     then the nominating officer of whichever of those parties is the party for which the next greatest number of first preference                     votes was cast at the last local general election and so on.                  

### QuotaN.I.

3—(1) The quota for the purposes of paragraph 2 must be calculated in accordance with the formula in this paragraph.N.I.

(2) Subject to sub-paragraph (3), the formula is—

where—

T the number of councillors elected at the last local general election;

C the number of places on the committee which must be filled by councillors (including the chair and any deputy chair).

(3) If the council by resolution passed by qualified majority voting so decides, sub-paragraph (2) has effect as if the formula                     were—                  

### VacanciesN.I.

4  Regulations may make provision in relation to the filling of vacancies on committees.N.I.

### Appointment of more than one committeeN.I.

5  Standing orders shall provide for the application of paragraphs 2 to 4 in circumstances where a council decides to appoint                     more than one committee.N.I.

### Joint committeesN.I.

6  Regulations may provide for paragraphs 2 to 4 to apply in relation to joint committees subject to such modifications as may                     be prescribed.N.I.

 Section 16.

## SCHEDULE 3N.I.DECLARATION ON APPOINTMENT TO COMMITTEE OF PERSON WHO IS NOT A COUNCILLOR

### 

 Section 28(5).

## SCHEDULE 4N.I.OVERVIEW AND SCRUTINY COMMITTEES: VOTING RIGHTS OF CO-OPTED MEMBERS

### Voting rights schemesN.I.

1—(1) A council may permit a co-opted member of an overview and scrutiny committee of the council to vote at meetings of the committee.N.I.

(2) Permission under sub-paragraph (1) may only be given in accordance with a scheme made by the council.

(3) A scheme for the purposes of this paragraph may include—

(a)provision for a maximum or minimum in relation to the number of co-opted members of an overview and scrutiny committee entitled                        to vote at meetings of the committee, and

(b)provision for giving effect to any maximum or minimum established under head (a).

(4) The power to make a scheme for the purposes of this paragraph includes power to vary or revoke such a scheme.

(5) In this paragraph, references to a co-opted member, in relation to an overview and scrutiny committee of a council, are to                     a member of the committee who is not a member of the council.                  

### RegulationsN.I.

2—(1) The Department may by regulations make provision about the exercise of the powers under paragraph 1.N.I.

(2) Regulations under sub-paragraph (1) may, in particular, require schemes for the purposes of paragraph 1 (“voting rights schemes”)—

(a)to provide for permission to be given only by means of approving a proposal by the committee concerned;

(b)to provide for a proposal for the purposes of the scheme (“a scheme proposal”) to specify—

(i)the person to whom the proposal relates,

(ii)the questions on which it is proposed the person should be entitled to vote, and

(iii)the proposed duration of the person's entitlement to vote,

and to include such other provision about the form and content of such a proposal as the regulations may provide;

(c)to provide for a scheme proposal to be made only in accordance with a published statement of the policy of the committee concerned                        about the making of such proposals;

(d)to include such provision about the procedure to be followed in relation to the approval of scheme proposals as the regulations                        may provide.

(3) Regulations under sub-paragraph (1) may include provision for the notification to the Department by councils of the making,                     variation or revocation of voting rights schemes.                  

(4) The Department may by direction require a council to vary a voting rights scheme.

3—(1) A council which makes a scheme for the purposes of paragraph 1 must, while the scheme is in force, make copies of it available                     at its principal office at all reasonable hours for inspection by members of the public.N.I.

(2) If a council makes a scheme for the purposes of paragraph 1, or varies or revokes such a scheme, it must as soon as reasonably                     practicable after doing so publish in one or more newspapers circulating in its area a notice which complies with this paragraph.                  

(3) In the case of the making of a scheme, the notice under sub-paragraph (2) must—

(a)record the making of the scheme,

(b)describe what it does,

(c)state that copies of it are available for inspection at the principal office of the council, and

(d)specify—

(i)the address of that office, and

(ii)the times when the scheme is available for inspection there.

(4) In the case of the variation of a scheme, the notice under sub-paragraph (2) must—

(a)record the variation,

(b)describe what it does,

(c)state that copies of the scheme as varied are available for inspection at the principal office of the council, and

(d)specify—

(i)the address of that office, and

(ii)the times when the scheme is available for inspection there.

(5) In the case of the revocation of a scheme, the notice under sub-paragraph (2) must record the revocation.

 Section 36.

## SCHEDULE 5N.I.MEETINGS AND PROCEEDINGS

###  Annual meetingsN.I.

1—(1) A council must hold an annual meeting in June every year unless it is a local election year.N.I.

(2) In a local election year the annual meeting must be held within 21 days from the election day.

(3) The council may fix the time and the place at which the annual meeting is to be held.

(4) If the council does not fix a time, the annual meeting must be held at twelve noon.

(5) If the council does not fix a place, the annual meeting must be held at the offices of the council.

### Other meetings for transaction of general businessN.I.

2  The council may hold such other meetings as the council thinks necessary for the transaction of general business.N.I.

### Convening meetingsN.I.

3  The chair may call a meeting of the council at any time.N.I.

### Requisition for meetingN.I.

4—(1) If a requisition from not less than five members of the council is served on the chair, the chair must call a meeting of the                     council to be held within 14 days from the date on which the requisition is served.N.I.

(2) If the chair—

(a)refuses to call a meeting of the council; or

(b)does not call a meeting of the council within seven days from the date on which the requisition is served,

not less than five members of the council may on that refusal or on the expiration of those seven days call a meeting of the                     council.                  

### Notice of meeting and summons to attendN.I.

5— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

### Who presides at meetingsN.I.

6—(1) The chair of the council, if present, must preside.N.I.

(2) If the chair of the council is absent, the deputy chair, if present, must preside.

(3) If neither the chair nor the deputy chair is present, a member of the council chosen by the members who are present must preside.

(4) No member of a council executive may preside at a meeting of the council.

(5) Sub-paragraphs (1) to (3) are subject to sub-paragraph (4).

### QuorumN.I.

7—(1) Subject to sub-paragraph (2), no business may be transacted at a meeting of the council unless at least one-quarter of the                     whole number of members are present.N.I.

(2) Where more than one-quarter of the members become disqualified at the same time, then, until the number of members in office                     is increased to not less than three-quarters of the whole number of members, the quorum of the council is determined by reference                     to the number remaining qualified instead of by reference to the whole number of members.                  

### Names of members present to be recordedN.I.

8  The names of the members present at a meeting of the council must be recorded.N.I.

### Person authorised by the Department may attend meetingsN.I.

9  A person who is authorised in writing by the Department to do so is entitled at the request or with the agreement of the council                     to attend any meeting of the council and take part in the proceedings at the meeting but may not vote.N.I.

### MinutesN.I.

10—(1) Minutes of the proceedings of a meeting of the council must be signed at the same or the next suitable meeting of the council                     by the person presiding at that meeting if approved by the meeting at which they fall to be signed.N.I.

(2) Any minute purporting to be signed as mentioned in sub-paragraph (1) must be received in evidence without further proof.

(3) Until the contrary is proved—

(a)a meeting of a council in respect of the proceedings of which a minute has been made and signed as mentioned in sub-paragraph                        (1) must be taken to have been duly convened and held; and

(b)all the members present at the meeting must be taken to have been duly qualified.

### Vacancies, etc., not to invalidate proceedingsN.I.

11  The proceedings of a council are not invalidated by—N.I.

(a)any vacancy among its number; or

(b)any defect in the election or qualification of any of its members.

### Committees, sub-committees and joint committeesN.I.

12  Paragraphs 8 to 11 apply to a committee or sub-committee of a council and to a joint committee as they apply to the council                     but in relation to proceedings of a committee or sub-committee or of a joint committee paragraph 10(3) as applied by this                     paragraph has effect as if there were added—N.I.

““; and                   

(c)where the proceedings are proceedings of a committee or sub-committee or of a joint committee, the committee or sub-committee                           or the joint committee must be taken to have been duly constituted and to have had power to deal with the matters referred                           to in the minutes.”.                  

### InterpretationN.I.

13  In this Schedule—N.I.
          -  “election day”; and 
          -  “local election year”, 

have the same meanings as in the Electoral Law Act (Northern Ireland) 1962; and “election” is to be construed in accordance with the definition of “elected” in the Local Government Act (Northern Ireland) 1972.                  

 Section 51.

## SCHEDULE 6N.I.ACCESS TO INFORMATION: EXEMPT INFORMATION

### **PART 1**N.I.DESCRIPTIONS OF EXEMPT INFORMATION

1  Information relating to any individual.N.I.

2  Information which is likely to reveal the identity of an individual.N.I.

3  Information relating to the financial or business affairs of any particular person (including the council holding that information).N.I.

4  Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with                     any labour relations matter arising between the council or a government department and employees of, or office holders under,                     the council.N.I.

5  Information in relation to which a claim to legal professional privilege could be maintained in legal proceedings.N.I.

6  Information which reveals that the council proposes—N.I.

(a)to give under any statutory provision a notice by virtue of which requirements are imposed on a person; or

(b)to make an order or direction under any statutory provision.

7  Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of                     crime.N.I.

### **PART 2**N.I.QUALIFICATIONS

8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

9  Information which—N.I.

(a)falls within any of paragraphs 1 to 7; and

(b)is not prevented from being exempt by virtue of paragraph 8,

is exempt information if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption                     outweighs the public interest in disclosing the information.                  

### **PART 3**N.I.INTERPRETATION

10—(1) In this Schedule—N.I.

“employee” means a person employed under a contract of service;                  

“financial or business affairs” includes contemplated, as well as past or current, activities;                  

“labour relations matter” means—                  

any of the matters specified in sub-paragraphs (a) to (g) of Article 96(1) of the Industrial Relations (Northern Ireland)                              Order 1992 (matters which may be the subject of a trade dispute, within the meaning of Part 11 of that Order); or                           

any dispute about a matter falling within paragraph (a) of this definition;

and for the purposes of this definition the provisions mentioned in paragraph (a), with the necessary modifications, shall                     apply in relation to office-holders under the council as they apply in relation to employees of the council;                  

“office-holder”, in relation to the council, means the holder of any paid office appointments to which are or may be made or confirmed by                     the council or by any joint board on which the council is represented or by any person who holds any such office or is an                     employee of the council;                  

“registered”, in relation to information required to be registered under the Building Societies Act 1986, means recorded in the public                     file of any building society (within the meaning of that Act).                  

(2) Any reference in this Schedule to “the council” is a reference to the council or, as the case may be, the committee or sub-committee in relation to whose proceedings or                     documents the question whether information is exempt or not falls to be determined and includes a reference—                  

(a)in the case of a council, to any committee or sub-committee of the council; and

(b)in the case of a committee, to—

(i)any constituent council;

(ii)any other council by which appointments are made to the committee or whose functions the committee discharges; and

(iii)any other committee or sub-committee of a council falling within sub-head (i) or (ii); and

(c)in the case of a sub-committee, to—

(i)the committee, or any of the committees, of which it is a sub-committee; and

(ii)any council which falls within head (b) in relation to that committee.

 Section 110.

## SCHEDULE 7N.I.MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO LOCAL GOVERNMENT AUDIT

### Local Government (Northern Ireland) Order 2005 (NI 18)N.I.

1  In Article 3 (audit of accounts of councils, etc.), in paragraph (1)(b) for the words from “a local government auditor” to                     the end substitute “ the local government auditor ”.N.I.

2—(1) Amend Article 5 (code of audit practice) as follows.N.I.

(2) In paragraph (1)—

(a)omit “chief”;

(b)for “auditors are to carry out their functions under this Part” substitute “ the functions of the local government auditor under this Part are to be carried out ”.

(3) In paragraph (2)—

(a)omit “chief”;

(b)for “auditors” substitute “ the local government auditor ”.

(4) In paragraphs (4), (5), (6) and (8) omit “chief”.

3—(1) Amend Article 6 (general duties of local government auditors) as follows.N.I.

(2) In paragraph (1) for “a local” substitute “ the local ”.                  

(3) In paragraph (2) for “auditor” substitute “ local government auditor ”.                  

(4) In the heading for “local government auditors” substitute “ the local government auditor ”.                  

4—(1) Amend Article 7 (auditors' right to documents and information) as follows.N.I.

(2) In paragraph (1) for “A” substitute “ The ”.                  

(3) In paragraph (2) for “A” substitute “ The ”.                  

(4) In paragraph (3) before “auditor” insert “ local government ”.                  

(5) In paragraphs (4) and (5) for “an auditor” substitute “ the local government auditor ”.                  

(6) In paragraph (6)—

(a)for “a local” substitute “ the local ”;

(b)in sub-paragraph (a) before “auditor” insert “ local government ”.

(7) In paragraph (7) for “an auditor” substitute “ the local government auditor ”.                  

(8) In the heading for “Auditors' right” substitute “ Right ”.                  

5  In Article 8 (audit fees) for “local government auditors such fees as the Department” substitute “ the local government auditor such fees as the local government auditor ”.N.I.

6—(1) In Article 9 (immediate and other reports in the public interest) for “a local government auditor” substitute “ the local government auditor ”.N.I.

(2) In the cross-heading preceding that Article for “Auditors' reports” substitute “ Reports ”.                  

7—(1) Amend Article 10 (general report) as follows.N.I.

(2) In paragraph (1) for “a local” substitute “ the local ”.                  

(3) In paragraph (2) for “an auditor” substitute “ the local government auditor ”.                  

8—(1) Amend Article 11 (transmission and consideration of Article 9 reports) as follows.N.I.

(2) In paragraphs (1) and (2) before “auditor” insert “ local government ”.                  

9—(1) Amend Article 12 (consideration of reports or recommendations) as follows.N.I.

(2) In paragraph (2)—

(a)in sub-paragraph (a) for “a local” substitute “ the local ”;

(b)in sub-paragraph (b) before “auditor” insert “ local government ”.

(3) In paragraph (5) for “an auditor” and “the auditor” substitute in each case “ the local government auditor ”.                  

10—(1) Amend Article 13 (publicity for meeting under Article 12) as follows.N.I.

(2) In paragraph (1)(b) for “an auditor's” substitute “the local government auditor's”.

(3) In paragraph (2)—

(a)in sub-paragraph (a) for “auditor of its accounts” substitute “ local government auditor ”;

(b)in sub-paragraph (b) before “auditor” insert “ local government ”.

11—(1) Amend Article 14 (additional publicity for immediate report) as follows.N.I.

(2) In paragraph (1) for “a local government auditor” substitute “ the local government auditor ”.                  

(3) In paragraph (5) before “auditor” insert “ local government ”.                  

12—(1) Amend Article 15 (additional publicity for non-immediate report) as follows.N.I.

(2) In paragraph (1) for “a local government auditor” substitute “ the local government auditor ”.                  

(3) In paragraph (3)(b) before “auditor” insert “ local government ”.                  

13—(1) Amend Article 16 (inspection of statements of accounts and auditors' reports) as follows.N.I.

(2) In paragraph (1)(b) for “a local” substitute “ the local ”.                  

(3) In the heading for “auditors'” substitute “auditor's”.

14  In Article 17 (inspection of documents and questions at audit), in paragraph (2) before “auditor” in both places where it                     occurs insert “ local government ”.N.I.

15—(1) Amend Article 18 (right to make objections at audit) as follows.N.I.

(2) In paragraph (1) before “auditor” in each place where it occurs insert “ local government ”.                  

(3) In paragraph (2) before “auditor” insert “ local government ”.                  

(4) In paragraph (3) for “an auditor” substitute “ the local government auditor ”.                  

16—(1) Amend Article 21 (power of auditor to apply for judicial review) as follows.N.I.

(2) In paragraph (1) for “a local government auditor” substitute “ the local government auditor ”.                  

(3) In paragraph (2) for “a local” substitute “ the local ”.                  

(4) In the heading before “auditor” insert “ the local government ”.                  

17  In Article 22 (extraordinary audits and inspections), in paragraph (1) for “a local” substitute “ the local ”.N.I.

18  In Article 23 (provision for the audit of accounts of officers), in paragraph (1) for “auditor of the accounts of that body”                     substitute “ local government auditor ”.N.I.

19—(1) Amend Article 25 (certification of claims, returns, etc.) as follows.N.I.

(2) In paragraph (1)—

(a)omit “chief”;

(b)in sub-paragraph (c) for “body's” substitute “ local government ”.

(3) In paragraph (2) for “Department” substitute “ local government auditor ”.                  

20—(1) Amend Article 26 (studies for improving economy, efficiency and effectiveness) as follows.N.I.

(2) In paragraph (1) for “A local government auditor shall, if required by the Department or the chief local government auditor,”                     substitute “ The local government auditor may and, if required by the Department, shall ”.                  

(3) In paragraph (2)—

(a)for the words from the beginning to “consult” substitute “ Before undertaking any study under paragraph (1) the local government auditor shall consult ”;

(b)omit “Department or the chief” in the second place where it occurs.

(4) In paragraph (3) omit “concerned”.

(5) For paragraph (4) substitute—

“(4)Except in the case of a study required by the Department, the local government auditor shall publish or otherwise make available—                  

(a)the results of the study; and                  

(b)any recommendations made by the local government auditor as a result of the study.”.                  

21—(1) Amend Article 27 (restriction on disclosure of information) as follows.N.I.

(2) In paragraph (1) for “an auditor” substitute “ the local government auditor ”.                  

(3) In paragraph (2)(b) for “an auditor” substitute “ the local government auditor ”.                  

 Section 122(7).

## SCHEDULE 8N.I.TRANSFER SCHEMES

### Transfer of assets and liabilitiesN.I.

1—(1) A scheme—N.I.

(a)may provide for the transfer of assets and liabilities which would not otherwise be capable of being transferred;

(b)accordingly has effect in relation to assets or liabilities to which it applies in spite of any provision (of whatever nature)                        which would otherwise prevent or restrict the transfer of those assets or liabilities;

(c)may contain supplementary, incidental, transitional and consequential provisions.

(2) A scheme may define the assets and liabilities to be transferred by specifying or describing them (including describing them                     by reference to a specified part of the transferor's undertaking).                  

(3) A certificate issued by the Northern Ireland department concerned that any assets or liabilities specified in the certificate                     have vested in any body by virtue of a scheme is conclusive evidence for all purposes of that fact.                  

(4) In this Schedule, in relation to any assets or liabilities transferred by a scheme—

“transferor” means the body from which those assets or liabilities are transferred; and                  

“transferee” means the body to which those assets or liabilities are transferred.                  

### Transfer of staffN.I.

2—(1) This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.N.I.

(2) The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to the transfer whether or not the transfer would, apart from this paragraph, be a relevant transfer for                     the purposes of the regulations.                  

(3) The scheme shall—

(a)in relation to each transferee, identify the transferring employees (whether by name or otherwise);

(b)include provision securing pension protection for such employees;

(c)include provision for procedures designed to resolve any grievances of such employees arising in relation to matters dealt                        with by the scheme; and

(d)include provision for the payment of compensation by the transferee to any such employee who suffers loss or detriment in                        consequence of the scheme.

(4) Before making the scheme the Northern Ireland department concerned must consult—

(a)in the case of a scheme which identifies transferring employees by name, those employees; and

(b)in the case of a scheme which identifies transferring employees in any other way, such persons as appear to the department                        to be representative of transferring employees.

(5) For the purposes of this paragraph—

(a)“pension protection” is secured for a transferring employee if after the change of employer effected by the scheme the employee                        has, as an employee of the transferee, rights to acquire pension benefits and those rights are the same as or (taken as a                        whole) no less favourable than those that the transferring employee had as an employee of the transferor;

(b)“transferring employee” means an employee whose contract of employment becomes, by virtue of sub-paragraph (2), a contract of employment with a                        transferee; and

(c)employment in the Northern Ireland civil service for the purposes of a government department is to be treated as employment                        by that department under a contract of employment (and the terms of that employment are to be regarded as constituting the                        terms of that contract).

(6) Procedures under sub-paragraph (3)(c) must involve consideration of grievances by a person other than—

(a)a member, or member of staff, of a transferor or transferee; or

(b)a member of staff of the Northern Ireland department concerned.

### ContinuityN.I.

3—(1) In any statutory provision or document—N.I.

(a)which relates to anything transferred by virtue of the scheme, and

(b)which is in effect immediately before the transfer date,

any reference to the transferor is, in relation to any time after the transfer date, to be construed as a reference to the                     transferee.                  

(2) Sub-paragraph (1) applies unless contrary provision is made by or under this Act or the context otherwise requires.

(3) A transfer by virtue of a scheme does not affect the validity of anything done by, or in relation to, the transferor before                     the transfer date.                  

(4) Anything which—

(a)before the transfer date was done by or in relation to the transferor for the purposes of or otherwise in connection with                        anything transferred by virtue of a scheme, and

(b)is in effect immediately before the transfer date,

continues to have effect to the same extent and subject to the same provisions as if it had been done by, or in relation to,                     the transferee.                  

(5) Anything (including any legal proceedings) which—

(a)relates to anything transferred by virtue of a scheme, and

(b)is in the process of being done by or in relation to the transferor immediately before the transfer date,

may be continued by or in relation to the transferee.

 Section 128(1).

## SCHEDULE 9N.I.MINOR AND CONSEQUENTIAL AMENDMENTS: GENERAL

### Local Government Act (Northern Ireland) 1972 (c.9)N.I.

1  In section 9 (vacation of office on account of non-attendance)—N.I.

(a)in subsection (1), for “and (3)” substitute “ to (4) ”;

(b)after subsection (3) add—

“(4)Any period during which a councillor is suspended or partially suspended under Part 9 of the Local Government Act (Northern                        Ireland) 2014 is to be disregarded for the purpose of calculating the period of six months under subsection (1) (and accordingly—                  

(a)a period during which a councillor fails to attend meetings of the council that falls immediately before, and                  

(b)a period during which a councillor fails to attend meetings of the council that falls immediately after,                  

a period of suspension or partial suspension are to be treated as consecutive).”.                  

2  In section 42 (councillors not to be appointed officers)—N.I.

(a)after “paid office” insert “ which is prescribed under section 4(1)(a) ”;

(b)omit subsection (2).

Prospective

3  In section 143 (orders and regulations), for “115(2A)” substitute “ 4(1)(a) or 115(2A) ”.N.I.

4  In Part 1 of Schedule 1 (declaration of councillor on acceptance of office), for “be guided by the Northern Ireland code of                     local government conduct” substitute “ observe the Northern Ireland Local Government Code of Conduct for Councillors (as revised from time to time) ”.N.I.

### Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)N.I.

5  In Article 2(2) (interpretation), in the definition of “joint committee” for the words from “means” to the end substitute                     “ has the same meaning as in the Local Government Act (Northern Ireland) 2014 ”.N.I.

### Local Government (Northern Ireland) Order 2005 (NI 18)N.I.

6—(1) In Article 12(7) (consideration of reports or recommendations), for “18, 19 or 47A of the principal Act” substitute “ 7 or 9 of the Local Government Act (Northern Ireland) 2014 ”.N.I.

(2) In Article 13(3) (publicity for meeting under Article 12)—

(a)for “section 23 of the principal Act” substitute “ section 42 of the Local Government Act (Northern Ireland) 2014 ”.

(b)for “section 121” substitute “ section 44 ”.

### Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010 (c.7)N.I.

7  In section 17 (power to modify legislation), in subsection (2) in the definition of “local government legislation”, after                     paragraph (cc) insert—N.I.

“(cd)the Local Government Act (Northern Ireland) 2014;”.                  

### Planning Act (Northern Ireland) 2011 (c. 25)N.I.

8  In section 79(4) (land belonging to councils and development by councils), for “47A of the Local Government Act (Northern                     Ireland) 1972” substitute “ 6 of the Local Government Act (Northern Ireland) 2014 so far as it relates to an officer of the council ”.N.I.

 Section 128(2).

## SCHEDULE 10N.I.REPEALS