Local Government Bill Notice of Amendments tabled on 12 March 2014 for Consideration Stage

Clause 2 , Page 1, Line 14

Leave out ‘council’s code of conduct’ and insert ‘Northern Ireland Local Government Code of Conduct for Councillors’

Minister of the Environment

Clause 3

The Minister of the Environment gives notice of his/her intention to oppose the question that Clause 3 stand part of the Bill.

Minister of the Environment

Clause 4

The Minister of the Environment gives notice of his/her intention to oppose the question that Clause 4 stand part of the Bill.

Minister of the Environment

Clause 5

The Minister of the Environment gives notice of his/her intention to oppose the question that Clause 5 stand part of the Bill.

Minister of the Environment

Clause 6

The Minister of the Environment gives notice of his/her intention to oppose the question that Clause 6 stand part of the Bill.

Minister of the Environment

Clause 7

The Minister of the Environment gives notice of his/her intention to oppose the question that Clause 7 stand part of the Bill.

Minister of the Environment

Clause 8

The Minister of the Environment gives notice of his/her intention to oppose the question that Clause 8 stand part of the Bill.

Minister of the Environment

Clause 9

The Minister of the Environment gives notice of his/her intention to oppose the question that Clause 9 stand part of the Bill.

Minister of the Environment

New Clause

After clause 9 insert -

‘Disqualifications for being councillors

9A. A member of—

(a) the Assembly;

(b) the House of Commons; or

(c) the European Parliament,

is disqualified for being a councillor.’

Minister of the Environment

New Clause

After clause 9 insert -

‘Power to exempt offices and employments from disqualification

9B. 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”.’

Minister of the Environment

Clause 10 , Page 5, Line 25

Leave out ‘subsection (1)(f)’ and insert ‘this Act’

Minister of the Environment

Clause 10 , Page 5, Line 26

Leave out ‘prescribed public body or other association’ and insert ‘public body’

Minister of the Environment

Clause 11 , Page 5, Line 38

At end insert -

‘( ) 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;’

Minister of the Environment

Clause 34 , Page 18, Line 9

Leave out ‘an excluded’ and insert ‘a prescribed’

Minister of the Environment

Clause 34 , Page 18, Line 17

Leave out subsection (4)

Minister of the Environment

Clause 58 , Page 33, Line 17

At end insert -

‘(1A) Instead of, or in addition to, conducting an investigation under this section, the Commissioner may take such action as appears to the Commissioner to be desirable to deal with any particular case falling within subsection (1).’

Minister of the Environment

Clause 64 , Page 37, Line 37

Leave out from ‘and’ to the end of line 38

Minister of the Environment

Clause 64 , Page 38, Line 5

Leave out from ‘and’ to the end of line 8

Minister of the Environment

Clause 64 , Page 38

Leave out subsection (6)

Minister of the Environment

Clause 67 , Page 39, Line 23

Leave out subsection (2)

Minister of the Environment

Clause 67 , Page 39, Line 28

Leave out ‘Commissioner’ and insert ‘Department’

Minister of the Environment

Clause 67 , Page 39, Line 28

Leave out ‘, with the approval of the Department of Finance and Personnel,’

Minister of the Environment

Clause 67 , Page 39, Line 30

Leave out from ‘may be prescribed’ to the end of line 35 and insert ‘the Department, after consultation in accordance with subsection (3A), considers appropriate.

(3A) The Department must consult—

(a) councils; and

(b) such associations or bodies representative of councils as appear to the Department to be appropriate,

about the manner in which the amount mentioned in subsection (3) is to be apportioned.

(3B) The Department may deduct from any grant payable under section 27A of the Local Government Finance Act (Northern Ireland) 2011 to a council for a financial year the amount apportioned to it under subsection (3).’

Minister of the Environment

Clause 68 , Page 40, Line 11

At end add -

‘(5) Where a councillor who is suspended otherwise than partially or is disqualified under this Part is also a member of any other public body (whether as an external representative of the council or otherwise), the councillor is also suspended or disqualified from being a member of that body and any committee or sub-committee of that body.

(6) Any reference in this Part to a councillor being partially suspended from being a councillor includes a reference to the councillor being partially suspended from being a member of any other public body of which the councillor is a member (whether as an external representative of the council or otherwise) and the reference in subsection (2) to particular functions or particular responsibilities as a councillor includes particular functions or particular responsibilities as a member of that body.’

Minister of the Environment

Clause 69 , Page 40, Line 30

At end insert -

‘(2A) 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

(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.’

Minister of the Environment

Clause 76 , Page 44, Line 3

At end insert ‘reasonable’

Minister of the Environment

Clause 78 , Page 45, Line 7

Leave out ‘aim to’

Minister of the Environment

Clause 85 , Page 48, Line 41

At end insert -

‘(5) 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.

(6) If, following consultation under subsection (5), 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 (5).

(7) Where a document relating to proposals is laid before the Assembly under subsection (6), 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 theexpiry of the statutoryperiod beginning with the day on which the document was laid.

(8) In preparing a draft order under this section the Department must consider any representations made during the period mentioned in subsection (7).

(9) A draft order laid before the Assembly in accordance with section 125(3) must be accompanied by a statement of the Department giving details of—

(a) any representations considered in accordance with subsection (8); and

(b) any changes made to the proposals contained in the document laid before the Assembly under subsection (6).’

Minister of the Environment

Clause 95 , Page 53, Line 34

Leave out ‘31st October’ and insert ‘30th September’

Minister of the Environment

Clause 96 , Page 54, Line 13

Leave out ‘(1) to (5)’

Minister of the Environment

Clause 96 , Page 54, Line 15

Leave out ‘under section 95(6)’ and insert ‘by the Department about the council’s duties under that section’

Minister of the Environment

Clause 98 , Page 54, Line 25

After ‘Each financial year, the’ insert ‘Department, after consultation with the local government auditor, must determine which councils are to be councils in respect of which subsection (1A) applies in that financial year.

(1A) Each financial year, the’

Minister of the Environment

Clause 98 , Page 54, Line 26

After ‘each council’ insert ‘to which this subsection applies in that financial year’

Minister of the Environment

Clause 98 , Page 54, Line 31

Leave out ‘(1) to (5)’

Minister of the Environment

Clause 98 , Page 54, Line 33

Leave out ‘under section 95(6)’ and insert ‘by the Department about the council’s duties under that section’

Minister of the Environment

Clause 98 , Page 55, Line 1

Leave out ‘under section 95(6)’ and insert ‘by the Department about the council’s duties under section 95’

Minister of the Environment

Clause 98 , Page 55, Line 20

At end insert -

‘(5) In subsection (4) “specified” means specified in a direction under that subsection.’

Minister of the Environment

Clause 100 , Page 56, Line 4

At end insert ‘, unless no such reports have been issued in respect of that council during that financial year’

Minister of the Environment

Clause 106 , Page 60, Line 6

Leave out ‘appointed by the Department’

Minister of the Environment

Clause 106 , Page 60, Line 8

Leave out “(4)” and insert “(3A)”

Minister of the Environment

Clause 106 , Page 60, Line 8

At end insert -

‘(3A) Each council may nominate a councillor to serve as a member of the Panel.’

Minister of the Environment

Clause 106 , Page 60, Line 9

Leave out subsection (4)

Minister of the Environment

New Clause

After clause 109 insert -

‘International obligations

109A.—(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.’

Minister of the Environment

Clause 111 , Page 62, Line 25

Leave out ‘Article’ and insert ‘Articles 18(1) and’

Minister of the Environment

New Clause

After clause 115 insert -

‘Transferred functions grant

Transferred functions grant

115A.—(1) In the Local Government Finance Act (Northern Ireland) 2011, after section 27 (rates support grant) there shall be inserted the following section—

“Transferred functions grant

27A.—(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 67(3B) 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”.’

Minister of the Environment

New Clause

After clause 117 insert -

‘Payments for special purposes etc.

Payments for special purposes and public appeals

117A. 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).’

Minister of the Environment

New Clause

After clause 119 insert -

‘Power to dissolve Local Government Staff Commission

Power to dissolve the Local Government Staff Commission for Northern Ireland

119A. 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.”.’

Minister of the Environment

Clause 121 , Page 66, Line 14

Leave out subsections (1) to (3) and insert -

‘121. —(1) The power conferred by subsection (4) is exercisable where it appears to any Northern Ireland department necessary or expedient as mentioned in section 123(1) or (2).’

Minister of the Environment

Clause 121 , Page 66, Line 27

Leave out ‘paragraph (c) of section 123(1)’ and insert ‘section 123(2)’

Minister of the Environment

Clause 121 , Page 66, Line 30

At end insert -

‘(6A) 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.’

Minister of the Environment

Clause 121 , Page 66, Line 40

Leave out from ‘means’ to ‘that’ in line 42

Minister of the Environment

Clause 121 , Page 67, Line 1

Leave out ‘it’

Minister of the Environment

Clause 121 , Page 67, Line 3

Leave out ‘it’

Minister of the Environment

Clause 122 , Page 67, Line 11

Leave out from ‘means’ to ‘includes’ in line 15 and insert ‘includes the Local Government Staff Commission and’

Minister of the Environment

Clause 122 , Page 67, Line 18

Leave out from ‘Act’ to the end of line 22 and insert -

‘or any other Act mentioned in subsection (1) of section 123;

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

Minister of the Environment

Clause 123 , Page 68, Line 12

Leave out from ‘order’ to ‘order’ in line 38 and insert -

‘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’

Minister of the Environment

Clause 124 , Page 69, Line 12

At end insert -

‘“external representative”, in relation to a council, has the meaning given by section 10(4);’

Minister of the Environment

Clause 124 , Page 69, Line 17

At end insert -

‘“local government body” means a local government body within the meaning of Part 2 of the Local Government (Northern Ireland) Order 2005;’

Minister of the Environment

Clause 124 , Page 69, Line 27

Leave out ‘section 103’ and insert ‘sections 103 and 123’

Minister of the Environment

Clause 125 , Page 70, Line 5

Leave out ‘making’ and insert ‘a Northern Ireland department makes’

Minister of the Environment

Clause 125 , Page 70, Line 6

Leave out ‘the Department’ and insert ‘it’

Minister of the Environment

Clause 125 , Page 70, Line 10

Leave out ‘the Department’ and insert ‘it’

Minister of the Environment

Clause 125 , Page 70, Line 12

Leave out ‘made by the Department’ and insert ‘under this Act’

Minister of the Environment

Clause 125 , Page 70, Line 27

At end insert -

‘( ) section 51;

( ) section 54;’

Minister of the Environment

Clause 125 , Page 70

Leave out line 33

Minister of the Environment

Clause 125 , Page 70, Line 40

Leave out ‘Department’ and insert ‘Northern Ireland department making them’

Minister of the Environment

Schedule 1

The Minister of the Environment gives notice of his intention to oppose the question that Schedule 1 stand part of the Bill.

Minister of the Environment

Schedule 2

The Minister of the Environment gives notice of his intention to oppose the question that Schedule 2 stand part of the Bill.

Minister of the Environment

Schedule 9 , Page 89

Leave out line 20

Minister of the Environment

Schedule 10 , Page 91, Line 19

Leave out ‘Northern Ireland department concerned’ and insert ‘transferee’

Minister of the Environment

Schedule 11 , Page 92, Line 25

At end insert -

‘Local Government Act (Northern Ireland) 1972 (c.9)

[A1]. In section 9 (vacation of office on account of non-attendance) -

(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).”.

[A2]. In section 42 (councillors not to be appointed officers) -

(a) after “paid office” insert “office which is prescribed under section 4(1)(a)”;

(b) omit subsection (2).

[A3]. In section 143 (orders and regulations), for “115(2A)” substitute “4(1)(a) or 115(2A)”.

[A4]. 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)”.’

Minister of the Environment

Schedule 11 , Page 92

Leave out lines 26 to 34

Minister of the Environment

Schedule 11 , Page 93, Line 8

At end insert -

‘Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010 (c.7)

3A. In section 17 (power to modify legislation), in subsection (2) in the definition of “local government legislation”, after paragraph (cc) insert -

“(cd) the Local Government Act (Northern Ireland) 2014;”.’

Minister of the Environment

Schedule 12 , Page 93, Line 16

In the second column leave out ‘Sections 3’ and insert -

‘In section 4(1)(b)(i) and (ii), the words “or interim order”.

Section 7A.

Sections 11’

Minister of the Environment

Schedule 12 , Page 93, Line 18

In the second column at end insert -

‘Section 42(2).’

Minister of the Environment

Schedule 12 , Page 93, Line 19

In the second column at end insert -

‘In section 104(1), the words “any other council or”, and in both places where they occur the words “the other council or, as the case may be,”.’

Minister of the Environment

Schedule 12 , Page 93, Line 26

In the second column leave out ‘Articles 29’ and insert ‘Article 29(1).

Articles 31’

Minister of the Environment

Schedule 12 , Page 93

Leave out lines 30 to 33

Minister of the Environment

Schedule 12 , Page 93, Line 33

At end insert -

‘The Local Government (Best Value) The whole Act.’

Act (Northern Ireland) 2002 (c.4)

Minister of the Environment

Schedule 12 , Page 93, Line 33

At end insert -

‘The Local Government (Northern Ireland) Order 2005 (N.I. 18)

In Article 5(1), (2), (4), (5), (6) and (8), the word “chief”,

In Article 25(1), the word “chief”.

In Article 26, in paragraph (2) the words “Department or the chief” in the second place where they occur and in paragraph (3) the word “concerned”.

Article 28(2) and (3).’

Minister of the Environment

Schedule 12 , Page 94, Line 9

At end insert -

‘In section 13(3), the words “of a statutory transition committee”.

Minister of the Environment

Schedule 12 , Page 94, Line 13

In the second column at the beginning insert -

‘Sections 37 and 38.

In section 39, the words “Subject to section 40,”.

Section 40.’

Minister of the Environment

Clause 23 , Page 10, Line 11

Leave out lines 11 to 13 and insert -

‘a committee system unless the council decides to operate executive arrangements or prescribed arrangements’

Ms Anna Lo
Mr Stewart Dickson

Clause 46 , Page 25, Line 37

Leave out line 37 and insert -

‘(7) So far as is reasonably practicable, a council shall facilitate—’

Ms Anna Lo
Mr Stewart Dickson

Clause 48 , Page 27, Line 28

After ‘must’, insert -

‘as soon as is reasonably practicable’

Ms Anna Lo
Mr Stewart Dickson

New Clause

After clause 48, insert -

‘Audio recording of meetings

48A.—(1) So far as is reasonably practicable, a council must make an audio recording of so much of any meeting of the council as is open to the public and the recording must be available to the public at the offices of the council until the expiration of the period of six years from the date of the meeting and published on the council website until the expiration of the period of two years from the date of the meeting.

(2) This section does not apply in relation to meetings of any committee or sub-committee of the council.’

Ms Anna Lo
Mr Stewart Dickson

Clause 49 , Page 28, Line 18

At end insert -

‘(6) A council must put on its website any document which is open to inspection under subsection (1).’

Ms Anna Lo
Mr Stewart Dickson

New Clause

After clause 68 insert -

‘PART 9A

GENERAL DUTY TO PROMOTE SHARED USE OF THE PUBLIC REALM

General duty to promote shared use of the public realm

68B. A council must in exercising its functions promote shared use of the public realm between persons of different religious belief, political opinion or racial group so far as is consistent with the proper exercise of those functions.’

Ms Anna Lo
Mr Stewart Dickson

Clause 69 , Page 40, Line 25

At end insert -

‘(iv) equality and good relations between the categories of persons listed in section 75 of the Northern Ireland Act 1998.’

Ms Anna Lo
Mr Stewart Dickson

Clause 69 , Page 40, Line 29

After ‘partners’ insert -

‘(including actions and functions related to the planning, provision and improvement of public services)’

Ms Anna Lo
Mr Stewart Dickson

Clause 70 , Page 41, Line 3

At end insert -

‘(2) The bodies or persons specified under subsection (1) must include representation from the community and voluntary sector and businesses.’

Ms Anna Lo
Mr Stewart Dickson

Clause 74 , Page 43, Line 22

Leave out ‘towards’ and insert ‘and outcomes achieved in’

Ms Anna Lo
Mr Stewart Dickson

Clause 76 , Page 44, Line 3

Leave out from ‘ensure’ to ‘taken’ and insert -

‘(a) seek the participation of and encourage the persons mentioned in subsection (2) to express their views and (b) take those views’

Ms Anna Lo
Mr Stewart Dickson

New Clause

After clause 122 insert -

‘Exemption from licensing of sites for Irish Traveller community provided and managed by the Housing Executive

122A. In the Schedule to the Caravans Act (sites exempt from licensing) after paragraph 11 insert—

“sites for irish traveller community

11A. A site license shall not be required for the use as a caravan site of land provided and managed by the Northern Ireland Housing Executive under Article 28A of the Housing (Northern Ireland) Order 1981 (NI 3) (provision of caravan sites for Irish Traveller Community).”.’

Ms Anna Lo
Mr Stewart Dickson

New Clause

After clause 123 insert -

‘Appointment of chair and vice-chair of district policing and community safety partnerships

123A. —(1) Schedule 2 of the Justice Act (Northern Ireland) 2011 (c.24) is amended as follows.

(2) After paragraph 10(2)(b) insert—

“(c) In this sub-paragraph, “in turn” means in order of size, with size being determined by the number of seats won by each political party in the previous local government election, with the largest first, second largest second and so on. Where the number of seats won by two or more political parties is equal, the number of first preference votes cast in the council district for the parties at the last local government election shall be used to determine the order in which each of those parties shall hold the relevant position.”.’

Ms Anna Lo
Mr Stewart Dickson

Schedule 3 , Page 74, Line 6

Leave out ‘unless’ and insert ‘only if’

Ms Anna Lo
Mr Stewart Dickson

Schedule 3 , Page 74, Line 8

Leave out ‘applies’ and insert ‘does not apply’

Ms Anna Lo
Mr Stewart Dickson

Schedule 3 , Page 76, Line 18

Leave out ‘only if’ and insert ‘unless’

Ms Anna Lo
Mr Stewart Dickson

Schedule 3 , Page 76, Line 18

Leave out ‘so decides’ and insert ‘decides otherwise’

Ms Anna Lo
Mr Stewart Dickson

Clause 122 , Page 67, Line 28

At end insert -

‘(4A) Subsection (4) 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.’

Mr Peter Weir
Ms Pam Cameron
Mr Ian McCrea
Lord Morrow of Clogher Valley

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