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Local Government Act (Northern Ireland) 2014

2014 nia 8 · Enacted 12 May 2014 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 25 June 2024.

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:C1C2

Annotations to the whole text

Modifications

C1

Act modified (28.5.2014) by The Local Government (Transitional, Supplementary, Incidental Provisions and Modifications) Regulations (Northern Ireland) 2014 (S.R. 2014/148), reg. 6(4(a)

C2

Act: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 1 (with art. 9(2))

Contents

  1. Part 1: COUNCILS
  2. 1Names of councils
  3. 2Constitutions of councils
  4. Part 2: DISQUALIFICATIONS
  5. 3Disqualifications for being councillors
  6. 4Disqualification of councillors for being independent members of policing and community safety partnerships
  7. 5Disqualification of holders of prescribed offices and employments
  8. Part 3: POSITIONS OF RESPONSIBILITY
  9. 6Positions of responsibility
  10. Part 4: DISCHARGE OF FUNCTIONS
  11. Arrangements for discharge of functions
  12. 7Arrangements for discharge of functions of council
  13. 8Arrangements by one council for discharge of functions by another council
  14. 9Arrangements for discharge of functions by councils jointly
  15. 10Exercise of functions not prevented by arrangements under this Part
  16. Appointment of committees etc.
  17. 11Appointment of committees etc. for the purpose of discharging functions
  18. 12Appointment of committee to advise on discharge of functions
  19. 13Appointment of councillors to committees, etc.
  20. Supplementary
  21. 14Joint committees: further provisions
  22. 15Disqualification for membership of committees
  23. 16Declaration required of persons who are not members of council
  24. 17Voting rights of persons who are not members of council
  25. 18Termination of membership on ceasing to be member of council
  26. Part 5: PERMITTED FORMS OF GOVERNANCE
  27. 19Permitted forms of governance
  28. 20Power to prescribe additional permitted governance arrangements
  29. Part 6: EXECUTIVE ARRANGEMENTS
  30. Council executives
  31. 21Council executives
  32. Executive functions
  33. 22Functions which are the responsibility of an executive
  34. 23Functions of an executive: further provision
  35. Allocation and discharge of functions
  36. 24Allocation and discharge of functions
  37. 25Discharge of functions of and by another council
  38. 26Joint exercise of functions
  39. Overview and scrutiny committees
  40. 27Overview and scrutiny committees: functions
  41. 28Overview and scrutiny committees: supplementary provision
  42. 29Scrutiny officers
  43. 30Reference of matters to overview and scrutiny committee etc.
  44. 31Dealing with references under section 30(1)(c)
  45. 32Duty of council or executive to respond to overview and scrutiny committee
  46. 33Publication etc. of reports, recommendations and responses: confidential and exempt information
  47. Meetings and access to information etc.
  48. 34Meetings and access to information etc.
  49. 35Meetings and access to information etc.: further provision and regulations
  50. Part 7: MEETINGS AND PROCEEDINGS
  51. General
  52. 36Meetings and proceedings
  53. Standing orders
  54. 37Standing orders
  55. 38Regulations about standing orders
  56. Decision-making
  57. 39Simple majority
  58. 40Qualified majority
  59. 41Power to require decisions to be reconsidered
  60. Part 8: ACCESS TO MEETINGS AND DOCUMENTS
  61. 42Admission to meetings of councils
  62. 43Access to agenda and connected reports
  63. 44Inspection of minutes and other documents after meetings
  64. 45Inspection of background papers
  65. 46Application to committees and sub-committees
  66. 47Audio recording of meetings
  67. 48Additional rights of access to documents for members of councils
  68. 49Councils to publish additional information
  69. 50Supplemental provisions and offences
  70. 51Exempt information and power to vary Schedule 6
  71. 52Interpretation and application of this Part
  72. Part 9: CONDUCT OF COUNCILLORS
  73. Code of conduct
  74. 53Code of conduct
  75. Guidance
  76. 54Guidance
  77. Investigations
  78. 55Investigations
  79. 56Investigations: further provisions
  80. Adjudication hearings
  81. 56AAdjudication hearings
  82. Reports, etc.
  83. 57Reports, etc.
  84. 58Interim reports
  85. Decisions and recommendations
  86. 59Decision following report
  87. 60Decisions on interim reports
  88. 61Recommendations
  89. Disclosure and registration of councillors' interests, etc.
  90. 62Disclosure and registration of councillors' interests, etc.
  91. Miscellaneous
  92. 63Extension of 2016 Act
  93. 64Expenditure of Commissioner under this Act
  94. 65Interpretation
  95. Part 10: COMMUNITY PLANNING
  96. General
  97. 66Community planning
  98. 67Community planning partners
  99. Community plan
  100. 68Production of community plan
  101. 69Duty to review community plan
  102. 70Review of community plan
  103. 71Monitoring
  104. 72Implementation
  105. Community involvement
  106. 73Community involvement
  107. Miscellaneous
  108. 74Guidance
  109. 75Duties of departments in relation to community planning
  110. 76Establishment of bodies corporate
  111. 77Amendments of the Planning Act (Northern Ireland) 2011
  112. 78Interpretation
  113. Part 11: GENERAL POWERS OF COUNCILS
  114. 79Council's general power of competence
  115. 80Boundaries of the general power
  116. 81Limits on charging in exercise of general power
  117. 82Powers to make supplemental provision
  118. 83Limits on power conferred by section 82(1)
  119. Part 12: PERFORMANCE IMPROVEMENT
  120. General duty
  121. 84Improvement: general duty
  122. Improvement objectives
  123. 85Improvement objectives
  124. Improvement: supplementary
  125. 86Improvement: supplementary
  126. 87Consultation on improvement duties
  127. 88Appropriate arrangements under sections 84(1) and 85(2)
  128. Performance indicators and performance standards
  129. 89Performance indicators and performance standards
  130. Improvement planning and information
  131. 90Collection of information relating to performance
  132. 91Use of performance information
  133. 92Improvement planning and publication of improvement information
  134. Improvement audits and assessments
  135. 93Improvement information and planning
  136. 94Improvement assessments
  137. 95Audit and assessment reports
  138. 96Response to section 95 reports
  139. 97Annual improvement reports
  140. Special inspections
  141. 98Special inspections
  142. 99Reports of special inspections
  143. Powers of direction, etc.
  144. 100Powers of direction, etc.
  145. Supplementary
  146. 101Power to modify statutory provisions and confer new powers
  147. 102Application of certain local government audit provisions
  148. Part 13: PARTNERSHIP PANEL
  149. 103Partnership Panel
  150. Part 14: SUPERVISION OF COUNCILS BY NORTHERN IRELAND DEPARTMENTS
  151. 104Power of any Northern Ireland department to direct council to make reports etc.
  152. 105Inquiries and investigations
  153. 106Power of any Northern Ireland department to intervene in case of default by council
  154. 107International obligations
  155. Part 15: AMENDMENTS OF THE 2005 ORDER
  156. 108The local government auditor
  157. 109Power to repeal provisions relating to surcharge, etc.
  158. 110Minor and consequential amendments
  159. Part 16: MISCELLANEOUS
  160. Guidance
  161. 111Guidance
  162. Rates
  163. 112Transitional rate relief in consequence of changes in local government districts
  164. 113Commencement of the Local Government (Boundaries) Order (Northern Ireland) 2012
  165. Transferred functions grant
  166. 114Transferred functions grant
  167. Contracts and disposals
  168. 115Exclusion of non-commercial considerations
  169. 116Control of disposals and contracts of existing councils and their finances
  170. Payments for special purposes etc.
  171. 117Payments for special purposes and public appeals
  172. Persons ceasing to hold office and unqualified person
  173. 118Persons ceasing to hold office
  174. 119Validity of acts done by unqualified person
  175. Power to dissolve Local Government Staff Commission
  176. 120Power to dissolve the Local Government Staff Commission for Northern Ireland
  177. Insurance
  178. 121Insurance against accidents to councillors
  179. Transfer schemes
  180. 122Schemes for transfers of assets and liabilities
  181. 123Compensation for loss of office or diminution of emoluments
  182. Provisions for the purposes of this Act and other purposes
  183. 124Supplementary and transitional provisions for the purposes of this Act and other purposes
  184. Council websites
  185. 125Council websites
  186. Supplementary
  187. 126Interpretation
  188. 127Regulations and orders
  189. 128Minor and consequential amendments and repeals
  190. 129Commencement
  191. 130Short title
  192. Schedule 1: POSITIONS OF RESPONSIBILITY
  193. Part 1: FILLING POSITIONS OF RESPONSIBILITY BY NOMINATION
  194. Application of this Part
  195. 1Paragraph 1
  196. Selection of positions of responsibility etc. by nominating officers
  197. 2Paragraph 2
  198. The formula
  199. 3Paragraph 3
  200. Vacancies
  201. 4Paragraph 4
  202. Selection of members at subsequent annual meetings
  203. 5Paragraph 5
  204. New positions of responsibility
  205. 6Paragraph 6
  206. Part 2: FILLING POSITIONS OF RESPONSIBILITY BY ELECTION
  207. Application of this Part
  208. 7Paragraph 7
  209. Election to positions of responsibility
  210. 8Paragraph 8
  211. Vacancies
  212. 9Paragraph 9
  213. New positions of responsibility
  214. 10Paragraph 10
  215. Method of election
  216. 11Paragraph 11
  217. Part 3: CHAIRS AND DEPUTY CHAIRS
  218. Chairs and deputy chairs of council and committees
  219. 12Paragraph 12
  220. Chair of council continues until successor takes up office
  221. 13Paragraph 13
  222. Chair of council ceases to hold office if absent from district
  223. 14Paragraph 14
  224. Deputy chair of council
  225. 15Paragraph 15
  226. Part 4: GENERAL
  227. Interpretation
  228. 16Paragraph 16
  229. Cases where persons cease to hold positions of responsibility
  230. 17Paragraph 17
  231. Schedule 2: APPOINTMENT OF COUNCILLORS TO COMMITTEES, ETC.
  232. Exclusion of positions of responsibility
  233. 1Paragraph 1
  234. Appointment of councillors to committees
  235. 2Paragraph 2
  236. Quota
  237. 3Paragraph 3
  238. Vacancies
  239. 4Paragraph 4
  240. Appointment of more than one committee
  241. 5Paragraph 5
  242. Joint committees
  243. 6Paragraph 6
  244. Schedule 3: DECLARATION ON APPOINTMENT TO COMMITTEE OF PERSON WHO IS NOT A COUNCILLOR
  245. Part
  246. Schedule 4: OVERVIEW AND SCRUTINY COMMITTEES: VOTING RIGHTS OF CO-OPTED MEMBERS
  247. Voting rights schemes
  248. 1Paragraph 1
  249. Regulations
  250. 2Paragraph 2
  251. 3Paragraph 3
  252. Schedule 5: MEETINGS AND PROCEEDINGS
  253. Annual meetings
  254. 1Paragraph 1
  255. Other meetings for transaction of general business
  256. 2Paragraph 2
  257. Convening meetings
  258. 3Paragraph 3
  259. Requisition for meeting
  260. 4Paragraph 4
  261. Notice of meeting and summons to attend
  262. 5Paragraph 5
  263. Who presides at meetings
  264. 6Paragraph 6
  265. Quorum
  266. 7Paragraph 7
  267. Names of members present to be recorded
  268. 8Paragraph 8
  269. Person authorised by the Department may attend meetings
  270. 9Paragraph 9
  271. Minutes
  272. 10Paragraph 10
  273. Vacancies, etc., not to invalidate proceedings
  274. 11Paragraph 11
  275. Committees, sub-committees and joint committees
  276. 12Paragraph 12
  277. Interpretation
  278. 13Paragraph 13
  279. Schedule 6: ACCESS TO INFORMATION: EXEMPT INFORMATION
  280. Part 1: DESCRIPTIONS OF EXEMPT INFORMATION
  281. 1Paragraph 1
  282. 2Paragraph 2
  283. 3Paragraph 3
  284. 4Paragraph 4
  285. 5Paragraph 5
  286. 6Paragraph 6
  287. 7Paragraph 7
  288. Part 2: QUALIFICATIONS
  289. 8Paragraph 8
  290. 9Paragraph 9
  291. Part 3: INTERPRETATION
  292. 10Paragraph 10
  293. Schedule 7: MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO LOCAL GOVERNMENT AUDIT
  294. Local Government (Northern Ireland) Order 2005 (NI 18)
  295. 1Paragraph 1
  296. 2Paragraph 2
  297. 3Paragraph 3
  298. 4Paragraph 4
  299. 5Paragraph 5
  300. 6Paragraph 6
  301. 7Paragraph 7
  302. 8Paragraph 8
  303. 9Paragraph 9
  304. 10Paragraph 10
  305. 11Paragraph 11
  306. 12Paragraph 12
  307. 13Paragraph 13
  308. 14Paragraph 14
  309. 15Paragraph 15
  310. 16Paragraph 16
  311. 17Paragraph 17
  312. 18Paragraph 18
  313. 19Paragraph 19
  314. 20Paragraph 20
  315. 21Paragraph 21
  316. Schedule 8: TRANSFER SCHEMES
  317. Transfer of assets and liabilities
  318. 1Paragraph 1
  319. Transfer of staff
  320. 2Paragraph 2
  321. Continuity
  322. 3Paragraph 3
  323. Schedule 9: MINOR AND CONSEQUENTIAL AMENDMENTS: GENERAL
  324. Local Government Act (Northern Ireland) 1972 (c.9)
  325. 1Paragraph 1
  326. 2Paragraph 2
  327. 3Paragraph 3 Not yet in force
  328. 4Paragraph 4
  329. Deregulation and Contracting Out (Northern Ireland) Order 1996 (NI 11)
  330. 5Paragraph 5
  331. Local Government (Northern Ireland) Order 2005 (NI 18)
  332. 6Paragraph 6
  333. Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010 (c.7)
  334. 7Paragraph 7
  335. Planning Act (Northern Ireland) 2011 (c. 25)
  336. 8Paragraph 8
  337. Schedule 10REPEALS