OpenLegislation

Section 13 Referral to Department where consent refused or granted subject to conditions

Northern Ireland

(1)

This section applies where—

(a)

the consent ofF1a successor council or a statutory transition committee is required in relation to a proposed disposal or contract of an existing council; and

(b)

that consent is refused byF2the successor council or the statutory transition committee or is given subject to conditions.

(2)

The existing council may refer the decision ofF3the successor council or the statutory transition committee to the Department.

(3)

Where the decision F4... is referred to the Department under this section, the Department may—

(a)

confirm that decision;

(b)

if consent has been given subject to conditions, amend or revoke any such condition;

(c)

if consent has been refused, grant consent unconditionally or subject to conditions.

(4)

The decision of the Department under this section in relation to any consent or conditions—

(a)

has effect for the purposes of this Chapter (except this section) as if made by theF5successor council or statutory transition committee; and

(b)

is final.

Annotations

Textual amendments

F1

Words in s. 13(1)(a) inserted (2.6.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), ss. 116(5)(a)(i), 129 (with s. 124(4)); S.R. 2014/153, art. 2, Sch. 1

F2

Words in s. 13(1)(b) inserted (2.6.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), ss. 116(5)(a)(ii), 129 (with s. 124(4)); S.R. 2014/153, art. 2, Sch. 1

F3

Words in s. 13(2) inserted (2.6.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), ss. 116(5)(b), 129 (with s. 124(4)); S.R. 2014/153, art. 2, Sch. 1

F4

Words in s. 13(3) repealed (2.6.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), ss. 116(5)(c), 129, Schs. 10 (with s. 124(4)); S.R. 2014/153, art. 2, Sch. 1 and words expressed to be repealed by Sch. 10 of said Act and SR 2015/209

F5

Words in s. 13(4)(a) inserted (2.6.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), ss. 116(5)(d), 129 (with s. 124(4)); S.R. 2014/153, art. 2, Sch. 1

Notes on Chapter 2

Textual amendments

F1

Words in Pt. 2 Ch. 2 added (2.6.2014) by Local Government Act (Northern Ireland) 2014 (c. 8), ss. 116(2), 129 (with s. 124(4)); S.R. 2014/153, art. 2, Sch. 1