Section 101 Power to modify statutory provisions and confer new powersI1

(1)

If the Department thinks that a statutory provision prevents or obstructs compliance by councils with their duty under section 84, the Department may by order make provision modifying or excluding the application of the provision in relation to councils.

(2)

The Department may by order make provision conferring on councils any power which the Department considers necessary or expedient to permit or facilitate compliance with the duty under section 84.

(3)

In exercising a power conferred under subsection (2) a council must have regard to any guidance issued by the Department.

(4)

An order under this section may—

(a)

impose conditions on the exercise of any power conferred by the order (including conditions about consultation or approval);

(b)

amend a statutory provision;

(c)

include supplementary, incidental, consequential and transitional provisions.

Annotations

Commencement

I1: S. 101 in operation at 1.4.2015 by S.R. 2015/209, art. 2, Sch. 1

Notes on Part 12

Modifications

C1: Pt. 12 (except ss. 85, 87, 90(1)(a), 92(2)(a)(ii)(4)(5)) applied (27.8.2021) by Local Government (Meetings and Performance) Act (Northern Ireland) 2021 (c. 8), ss. 3(3), 6(1)
C2: Pt. 12 applied (27.8.2021) by Local Government (Meetings and Performance) Act (Northern Ireland) 2021 (c. 8), ss. 4(2), 6(1)
C3: Pt. 12: power to disapply conferred (27.8.2021) by Local Government (Meetings and Performance) Act (Northern Ireland) 2021 (c. 8), ss. 4(1), 6(1)
C4: Pt. 12: power to modify conferred (27.8.2021) by Local Government (Meetings and Performance) Act (Northern Ireland) 2021 (c. 8), ss. 4(1), 6(1)