Local Government Act (Northern Ireland) 1972

Document Number:1972 CHAPTER 9
 
FREE EXCERPT

N.I.

An Act to provide for the constitution of district councils to administer local government districts, for the regulation of such councils and for certain of their functions; to abolish existing local government areas and existing local authorities, with certain exceptions, and to enable provision to be made for the transfer of the functions, assets and liabilities of such authorities; and for connected purposes.

[23 rd March 1972]

PART IN.I.DISTRICTS AND COUNCILS

1 District councils.N.I.

(1) For every local government district established in pursuance of the Local Government (Boundaries) Act (Northern Ireland) 1971 [1971 c.9] or the succeeding provisions of this Act there shall be a district council which—

(a) shall consist of members—

[F1(i) elected by the local electors (within the meaning of section 130(1) of the Electoral Law Act (Northern Ireland) 1962) in each district electoral area in the district in accordance with the provisions of the Electoral Law Acts (Northern Ireland) 1962 to 1971 and the provisions of the Local Elections (Northern Ireland) Order 1985;]

(ii) of whom one shall be chairman and another may be vice-chairman; and

(b) shall have such functions as are conferred on the council by any statutory provision.

(2) A council shall be a body corporate with perpetual succession, and, subject to the provisions of this Act,—

(a) the name of the council shall be the name of the district with the addition of words “district council” ; and

(b) section 19 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to the council.

(3) In this Act—

“district” means a local government district such as is mentioned in subsection (1);

“council” means a district council;

“councillor” means a member of a council.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1 SI 1985/454

2 Boroughs.N.I.

(1) A council may, in pursuance of a special resolution of the council, submit a petition to the Governor praying for the grant of a charter designating the district of the council a borough.

(2) Where a petition is submitted under subsection (1)—

(a) the Privy Council shall cause notice of the petition, and of the time when it pleases the Governor to order that the petition be taken into consideration, to be published in the Belfast Gazette at least one month before that time;

(b) the Governor, if by the advice of the Privy Council he thinks fit to do so, may grant a charter designating the district a borough.

(3) The designation of a district as a borough shall not affect the entity of the council for the district or derogate from its functions, but the charter shall have effect for such ceremonial and other purposes (including the designation of aldermen, who shall number not more than one-quarter of the whole number of the councillors, and the conferment of the freedom of the borough) as may be specified in the charter.

(4) Where a charter is granted under this Act before [F2 1 st October 1974], designating a district a borough, the roll of honorary freemen of any borough existing in the district immediately before [F3 1 st October 1973] shall become and form part of the roll of honorary freemen of the borough designated by the charter.

(5) A copy of every charter granted under this Act shall be laid before Parliament.

(6) All expenses in connection with a petition, or the grant of a charter, under this Act shall be paid by the council for the district.

(7) Subject to subsection (8) , where a charter (whether granted under this Act or continuing to have effect by virtue of section 132(3)) has effect in relation to a district—

(a) the district shall be known as a borough;

(b) the council shall be known as the council of the borough;

(c) the chairman, and the vice-chairman, if any, of the council shall be known as, respectively, the mayor and the deputy mayor of the borough;

(d) those of the councillors who are designated as aldermen, in accordance with the charter, shall be known as the aldermen of the borough.

(8) Where a borough is a city, for any reference in subsection (7) to the borough there shall be substituted a reference to the city; and, where the mayor of a city is entitled to bear the title of lord mayor, for the reference in paragraph ( c) of subsection (7) to the mayor there shall be substituted a reference to the lord mayor, and for the reference in that paragraph to the deputy mayor there shall be substituted a reference to the deputy lord mayor.

(9) In this Act references to a district, council, chairman or vice-chairman include references to, respectively, a borough, borough council, mayor or deputy mayor, references to a councillor, except in relation to the nomination or election of councillors, include references to an alderman, and references to, or any references which are to be construed as references to, a borough, borough council, mayor or deputy mayor include references to, respectively, a city, city council, lord mayor or deputy lord mayor.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F21972 NI 21

F31972 NI 21

PART IIN.I.MEMBERS, MEETINGS AND PROCEDURE

N.I.Councillors

3 Qualifications.N.I.

(1) A person shall, unless disqualified by virtue of this Act or any other statutory provision, be qualified to be elected and to be a councillor, if on the relevant day he has attained the age of [F4 eighteen] years and is a [F5 qualifying Commonwealth citizen] or[F6 a citizen of the Republic of Ireland][F7 or a relevant citizen of the Union] and—

(a) on that day he is a local elector for the district of the council; or

(b) he has during the whole of the twelve months immediately preceding that day—

(i) occupied as owner or tenant any land in the district of the council, or

(ii) resided in the district of the council; or

(c) his principal or only place of work during that twelve months has been in the district of the council.

(2) In this section[F7 “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union) and “relevant citizen of the Union” means such a citizen who is not a [F8 qualifying] Commonwealth citizen or a citizen of the Republic of Ireland; and] “relevant day”, in relation to any candidate, means the day on which he is nominated as a candidate and also, if there is a poll, the day of his election.

(3) For the purposes of subsection (1) , in its application to any candidate, the district shall be treated as having been established not less than twelve months before the day on which he is nominated as a candidate.

[F9(4) For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

(a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(5) But a person is not a qualifying Commonwealth citizen by virtue of subsection (4)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F4 Words in s. 3(1) substituted (7.2.2007) by Electoral Administration Act 2006 (c. 22) , ss. 17(6), 77(2)

F5 Words in s. 3(1) substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22) , ss. 18(6) , 77(2) , Sch. 1 para. 47(2); S.I. 2008/1316 , arts. 2(2)(3), 4(b) , 5(f)(i)

F61989 c.3

F7 SI 1995/1948

F8 Word in s. 3(2) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22) , ss. 18(6) , 77(2) , Sch. 1 para. 47(3); S.I. 2008/1316 , arts. 2(2)(3), 4(b) , 5(f)(i)

F9 S. 3(4)(5) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22) , ss. 18(6) , 77(2) , Sch. 1 para. 47(4); S.I. 2008/1316 , arts. 2(2)(3), 4(b) , 5(f)(i)

4 Disqualifications.N.I.

(1) Subject to section 5 , a person shall be disqualified for being elected or being a councillor if—

(a) he holds any paid...

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