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Local Government Act (Northern Ireland) 2014

Type Act of the Northern Ireland Assembly

Publication 2014-05-12

Last updated 2024-06-25

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

PART 1 — COUNCILS

Council's general power of competence

1

(1) The name of a council is the name of the district with the addition of the words “District Council”.

(2) Regulations may provide for the name of a council to be other than that provided in accordance with subsection (1).

(3) Subsection (1) is subject to the provisions of this Act and Part 4 of the Local Government Act (Northern Ireland) 1972.

Transferred functions grant

2

(1) A council must prepare and keep up to date a document (referred to in this section as its constitution) which contains—

(a) a copy of the council's standing orders;

(b) a copy of the Northern Ireland Local Government Code of Conduct for Councillors;

(d) such other information (if any) as the council considers appropriate.

(2) A council must ensure that from 30th April 2015 copies of its constitution are available on its website and at its principal office for inspection by members of the public at all reasonable hours.

(3) A council must supply a copy of its constitution to any person who—

(a) requests a copy; and

(b) pays the council such reasonable fee as the council may determine.

PART 2 — DISQUALIFICATIONS

Disqualifications for being councillors

3

A member of—

(a) the Assembly;

(b) the House of Commons;

(d) the legislature of any other country; or

(e) the European Parliament,

is disqualified for being a councillor.

Disqualification of councillors for being independent members of policing and community safety partnerships

4

(1) The Justice Act (Northern Ireland) 2011 is amended as follows.

(2) In Schedule 1, in paragraph 9 (disqualifications) after sub-paragraph (2) insert—

(2A) A person is disqualified for being an independent member of a PCSP if that person is a councillor.

(3) In Schedule 2, in paragraph 9 (disqualifications), after sub-paragraph (2) insert—

(2A) A person is disqualified for being an independent member of a DPCSP if that person is a councillor.

Disqualification of holders of prescribed offices and employments

5

(1) 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 ”.

(2) In section 4 of that Act, after subsection (1) insert—

(1A) The Department must by 30th September 2014 make regulations under subsection (1)(a).

PART 3 — POSITIONS OF RESPONSIBILITY

Positions of responsibility

6

(1) In relation to a council the following are positions of responsibility—

(a) chair of the council;

(b) deputy chair of the council;

(d) deputy chair of any committee of the council;

(e) member of a cabinet-style executive of the council;

(f) external representative of the council.

(2) The clerk of a council must maintain a list of the council's positions of responsibility.

(3) Schedule 1 (positions of responsibility) has effect.

(4) In this Act “external representative” means a person nominated by the council to serve as a member of any public body.

PART 4 — DISCHARGE OF FUNCTIONS

Arrangements for discharge of functions

Arrangements for discharge of functions of council

7

(1) A council may arrange for the discharge of any of its functions—

(a) by a committee, a sub-committee or an officer of the council; or

(b) by any other council.

(2) Subsection (1) is subject to any express provision contained in this Act or any Act passed after this Act.

(3) A council's functions with respect to—

(a) making a district rate under the Rates (Northern Ireland) Order 1977;

(b) 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;

(d) acquiring or disposing of land,

may only be discharged by the council itself.

(4) Where by virtue of this section any functions of a council may be discharged by a committee of the council, the committee may arrange for the discharge of any of those functions by—

(a) a sub-committee; or

(b) an officer of the council.

(5) Subsection (4) is subject to any contrary direction by the council.

(6) Where by virtue of this section any functions of a council may be discharged by a sub-committee of the council, the sub-committee may arrange for the discharge of any of those functions by an officer of the council.

(7) Subsection (6) is subject to any contrary direction by the council or the committee.

Arrangements by one council for discharge of functions by another council

8

(1) A council may not under section 7(1)(b) arrange for the discharge of any of its functions by another council if, or to the extent that, that function is also a function of the other council and is the responsibility of the other council's executive.

(2) Arrangements made under section 7(1)(b) by a council (“Council A”) with respect to the discharge of any of its functions cease to have effect with respect to that function if, or to the extent that—

(a) Council A is operating or begins to operate executive arrangements, and that function becomes the responsibility of the executive of Council A; or

(b) the council with which the arrangements are made (“Council B”) is operating or begins to operate executive arrangements, that function is also a function of Council B and that function becomes the responsibility of Council B's executive.

(3) Subsections (1) and (2) do not affect arrangements made by virtue of section 25 (discharge of functions of and by another council).

(4) Subsection (5) applies where arrangements are in force under section 7(1)(b) for the discharge of the functions of a council (“Council A”) by another council (“Council B”).

(5) Council B may arrange for the discharge of those functions by a committee, sub-committee or officer of Council B.

(6) Subsections (4) to (7) of section 7 apply in relation to those functions as they apply in relation to the functions of Council B.

(7) Subsection (4) is subject to the terms of the arrangements.

(8) Arrangements made under section 7(1)(b) by a council for the discharge of its functions do not affect its responsibility for them.

Arrangements for discharge of functions by councils jointly

9

(1) Two or more councils may discharge any of their functions jointly and subsections (2) to (6) apply where arrangements are in force for them to do so.

(2) The councils may also arrange for the discharge of those functions by—

(a) a joint committee of the councils; or

(b) an officer of one of the councils.

(3) Subsections (4) to (7) of section 7 apply in relation to those functions as they apply in relation to the functions of the individual councils.

(4) Any statutory provision relating to—

(a) those functions; or

(b) the councils by which or the areas in respect of which they are to be discharged,

has effect subject to any necessary modification in its application in relation to those functions and the councils by which and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

(5) Arrangements made under subsection (2) by two or more councils with respect to the discharge of any of their functions cease to have effect with respect to that function if, or to the extent that, the function becomes the responsibility of an executive of any of the councils.

(6) Subsection (5) does not affect arrangements made by virtue of section 26 (joint exercise of functions).

Exercise of functions not prevented by arrangements under this Part

10

Any arrangements made by a council or committee under this Part for the discharge of any functions by a committee, sub-committee, officer or council do not prevent the council or committee by which the arrangements are made from exercising those functions.

Appointment of committees etc.

Appointment of committees etc. for the purpose of discharging functions

11

(1) For the purpose of discharging any functions in pursuance of arrangements made under this Part—

(a) a council may appoint a committee of the council; or

(b) two or more councils may appoint a joint committee of those councils; or

(2) Subject to this Act, the number of members of a committee appointed under subsection (1), their term of office, and the area (if restricted) within which the committee is to exercise its authority must be fixed by the appointing council or councils or, in the case of a sub-committee, by the appointing committee.

(3) A committee appointed under subsection (1), other than a committee for regulating and controlling the finance of the council, may, subject to section 15, include persons who are not members of the appointing council or councils or, in the case of a sub-committee, the council or councils of which it is a sub-committee.

Appointment of committee to advise on discharge of functions

12

(1) A council may appoint a committee, and two or more councils may join in appointing a committee, to advise—

(a) the appointing council or councils; or

(b) where the appointing council or each of the councils operates executive arrangements, any executive of that or those councils, or a sub-committee of that executive,

on any matter relating to the discharge of their functions.

(2) A committee appointed under subsection (1) may—

(a) consist of such persons (whether members of the appointing council or councils or not) appointed for such term as may be determined by the appointing council or councils; and

(b) appoint one or more sub-committees to advise the committee with respect to any such matter.

Appointment of councillors to committees, etc.

13

Schedule 2 (which makes provision relating to the appointment of councillors to committees, etc.) has effect.

Supplementary

Joint committees: further provisions

14

(1) The councils which appoint a joint committee must pay its expenses—

(a) in such proportions as they may agree upon; or

(b) if they fail to agree, as may be determined by the Department.

(2) The Department, on the application of the councils which appoint a joint committee, may by order make provision for the purpose of—

(a) constituting the joint committee a body corporate by the name specified in the order;

(b) fixing the functions of the body corporate so constituted;

(d) providing for the winding-up and dissolution of any body corporate so constituted.

(3) A member of a joint committee or a sub-committee of a joint committee who is not a member of a council has the same exemption from personal liability as a member of a council.

Disqualification for membership of committees

15

(1) A person who is disqualified for being elected or being a member of a council is disqualified for being—

(a) a member of any committee or sub-committee of that council;

(b) a representative of that council on any joint committee; and

(2) Section 6 of the Local Government Act (Northern Ireland) 1972 (penalties for acting while disqualified) applies to members of a committee or sub-committee of a council who are not councillors as it applies to councillors.

(3) Subsection (1) applies whether the committee or joint committee is appointed under this Part or otherwise.

Declaration required of persons who are not members of council

16

(1) A person who—

(a) is a member of a committee appointed under section 11 or 12; but

(b) is not a member of the council which appointed that committee,

must not act as a member of that committee until the person has made, and served on the clerk of the council, a declaration in the form set out in Schedule 3.

(2) This section applies to a joint committee and a sub-committee appointed under section 11 or 12 as it applies to a committee appointed under section 11 or 12 except that in relation to a joint committee—

(a) the reference in subsection (1)(b) to the council which appointed that committee is to be taken as a reference to one of the councils which appointed that joint committee; and

(b) the reference in subsection (1) to the clerk of the council is to be taken as a reference to the clerk of every council which appointed that joint committee.

Voting rights of persons who are not members of council

17

(1) A person who—

(a) is a member of a committee appointed under section 11 or 12; but

(b) is not a member of the council which appointed that committee,

must for all purposes be treated as a non-voting member of that committee.

(2) A person treated by virtue of this section as a non-voting member of any committee, is not entitled to vote at any meeting of the committee on any question which falls to be decided at that meeting.

(3) In this section any reference to voting includes a reference to making use of a casting vote.

(4) This section applies to a joint committee and a sub-committee appointed under section 11 or 12 as it applies to a committee appointed under section 11 or 12 except that in relation to a joint committee the reference in subsection (1)(b) to the council which appointed that committee is to be taken as a reference to one of the councils which appointed that joint committee.

Termination of membership on ceasing to be member of council

18

(1) Every member of a committee appointed under this Act who at the time of the appointment was a member of the appointing council, or one of the appointing councils, upon ceasing to be a member of that council also ceases to be a member of the committee.

(2) For the purposes of this section a member of a council is not to be deemed to have ceased to be a member of the council by reason of retirement if re-elected a member of the council not later than the day of that retirement.

(3) Subsection (1) is subject to subsection (2).

PART 5 — PERMITTED FORMS OF GOVERNANCE

Permitted forms of governance

19

(1) A council must operate a committee system unless the council decides to operate executive arrangements or prescribed arrangements.

(2) A decision to operate executive arrangements or prescribed arrangements must be taken by a qualified majority.

(3) Executive arrangements must conform with any provisions made by or under this Act which relate to such arrangements (see, in particular, Part 6).

(4) A committee system must conform with any provisions made by or under this Act which relate to such a system (see, in particular, Part 4).

(5) In this Part—

“executive arrangements” means arrangements by a council—for and in connection with the creation and operation of an executive of the council, andunder which certain functions of the council are the responsibility of the executive;

“committee system” means arrangements made by a council, which does not operate executive arrangements or prescribed arrangements, for or in connection with the discharge of its functions in accordance with Part 4;

“prescribed arrangements” means such arrangements as may be prescribed in regulations made under section 20.

Power to prescribe additional permitted governance arrangements

20

(1) Regulations may make provision prescribing arrangements that councils may operate for and in connection with the discharge of their functions.

(2) In particular, the regulations—

(a) must include provision about how, and by whom, the functions of a council are to be discharged, and

(b) may include provision enabling functions to be delegated.

(3) Regulations under this section may, in particular, include provision which applies or reproduces (with or without modifications) any provisions of, or any provision made under, Part 6.

(4) In considering whether or how to exercise the power in this section, the Department must have regard to any proposals made under subsection (5).

(5) A council may propose to the Department that the Department make regulations prescribing arrangements specified in the proposal if the council considers that the conditions in subsection (6) are met.

(6) The conditions are—

(a) that the operation by the council of the proposed arrangements would be an improvement on the arrangements which the council has in place for the discharge of its functions at the time that the proposal is made to the Department;

(b) that the operation by the council of the proposed arrangements would be likely to ensure that the decisions of the council are taken in an efficient, transparent and accountable way; and

(7) A proposal under subsection (5)—

(a) must describe the provision which the council considers should be made under subsection (2) in relation to the proposed arrangements; and

(b) explain why the conditions in subsection (6) are met in relation to the proposed arrangements.

PART 6 — EXECUTIVE ARRANGEMENTS

Council executives

21

(1) The executive of a council must take a form specified in subsection (2).

(2) The executive may consist of—

(a) a committee of the council (“cabinet-style executive”); or

(b) more than one committee of the council (“streamlined committee executive”).

(3) The chair and deputy chair of the council shall be non-voting members of the executive and shall be disregarded for the purpose of subsections (4) and (5).

(4) A cabinet-style executive must have—

(a) at least six members; and

(b) not more than ten members.

(5) Each committee in a streamlined committee executive must have—

(a) at least six members; and

(b) not more than ten members.

(6) Regulations may amend the number of members specified in subsection (4)(b) or (5)(b).

Executive functions

Functions which are the responsibility of an executive

22

(1) This section has effect for the purposes of determining which of the functions of a council that operates executive arrangements are the responsibility of an executive of the council under those arrangements.

(2) Subject to any provision made by this Act or by any statutory provision which is passed or made after the day on which this Act is passed, any function of the council which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the council under executive arrangements.

(3) Regulations may make provision for any function of a council specified in the regulations—

(a) to be a function which is not to be the responsibility of an executive of the council under executive arrangements;

(b) to be a function which may be the responsibility of such an executive under such arrangements; or

(i) to the extent provided by the regulations, is to be the responsibility of such an executive under such arrangements, and

(ii) to the extent provided by the regulations, is not to be the responsibility of such an executive under such arrangements.

(4) Executive arrangements must make provision for any function of a council falling within subsection (3)(b)—

(a) to be a function which is to be the responsibility of an executive of the council;

(b) to be a function which is not to be the responsibility of such an executive; or

(i) to the extent provided by the arrangements, is to be the responsibility of such an executive, and

(ii) to the extent provided by the arrangements, is not to be the responsibility of such executive.

(5) The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a council that operates executive arrangements—

(a) to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of the council; and

(b) to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.

(6) Regulations may specify cases or circumstances in which any function of a council which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the council to any extent is not to be the responsibility of such an executive to that or any particular extent.

(7) A function of a council may, by virtue of this section, be the responsibility of an executive of the council to any extent notwithstanding that Part 4, or any provision of that Part, does not apply to that function.

(8) Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.

(9) In this section—

“action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any statutory provision) involving—the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,the doing of anything incidental or conducive to the discharge of the function, orthe doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),

“function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.

Functions of an executive: further provision

23

(1) Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a council under executive arrangements is a reference to the functions of the council to the extent to which they are or (as the case may be) are not, by virtue of section 22, the responsibility of the executive under such arrangements.

(2) Any function which is the responsibility of an executive of a council under executive arrangements—

(a) is to be regarded as exercisable by the executive on behalf of the council; and

(b) may be discharged only in accordance with any provisions made by or under this Part which apply to the discharge of any such function by that form of executive.

(3) Accordingly, any function which is the responsibility of an executive of a council under executive arrangements—

(a) may not be discharged by the council;

(b) is not to be a function to which section 7(1) applies; and

(4) Subject to any provision made under subsection (5), any function of a council that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the council is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.

(5) Regulations may make provision with respect to the discharge of any function of a council that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the council (including provision disapplying Part 4 (discharge of functions) or any provision of that Part).

(6) In this section “function” has the same meaning as in section 22.

Allocation and discharge of functions

24

(1) Where executive arrangements make provision for a streamlined committee executive, they must make provision with respect to the allocation of functions which are the responsibility of the executive among its committees.

(2) Where executive arrangements make provision for a cabinet-style executive, the executive may arrange for the discharge of any of its functions by—

(a) a sub-committee of that executive; or

(b) an officer of the council.

(3) Where executive arrangements make provision for a streamlined committee executive, any committee of that executive may arrange for the discharge of any of the committee's functions by—

(a) a sub-committee of that committee; or

(b) an officer of the council.

(4) Where by virtue of this section any functions may be discharged by a sub-committee, the sub-committee may arrange for the discharge of any of those functions by an officer of the council.

(5) Any arrangements made by virtue of this section by an executive, committee or sub-committee for the discharge of any functions by a sub-committee or officer are not to prevent the executive, committee or sub-committee by which the arrangements are made from exercising those functions.

Discharge of functions of and by another council

25

(1) Regulations may make provision for or in connection with enabling an executive of a council to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—

(a) by another council; or

(b) by the executive of another council.

(2) Regulations may make provision for or in connection with enabling a council to arrange for the discharge of any of its functions by the executive of another council.

(3) The reference in subsection (2) to the functions of a council, in a case where the council is operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the council's executive.

(4) Regulations under subsection (1) or (2) may, in particular, include provision—

(a) requiring, in the case of arrangements for the discharge of any functions by the executive of another council, the approval of the other council of which the executive is part to such arrangements;

(b) which, in the case of arrangements for the discharge of any functions by another council, enables any of those functions to be delegated;

(c) which, in the case of arrangements for the discharge of any functions by the executive of another council, enables any of those functions to be delegated.

(5) The provisions made under subsection (4)(b) may, in particular, apply or reproduce (with or without modifications) any provisions of sections 7 and 10.

(6) The provision made under subsection (4)(c) may, in particular, apply or reproduce (with or without modifications) any provisions of section 24.

Joint exercise of functions

26

(1) Regulations may make provision for or in connection with permitting arrangements under section 9 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a council under executive arrangements.

(2) The provision which may be made under subsection (1) includes, in particular, provision—

(a) as to the circumstances in which the executive is to be a party to the arrangements in place of the council;

(b) as to the circumstances in which—

(i) the council, and

(ii) the executive,

are both to be parties to the arrangements;

(c) as to the circumstances in which any functions of the council under section 7(4) or (6) or 11(1)(b), (2) or (3), so far as they relate to any joint committee falling within section 9(2)(a), are instead to be exercised by the executive;

(d) as to the circumstances in which any functions of the council under section 7(4) or (6) or 11(1)(b), (2) or (3), so far as they relate to any such joint committee, are to be exercised by the council;

(e) as to the persons (including officers of the council) who may be appointed to any such joint committee by the executive.

Overview and scrutiny committees

Overview and scrutiny committees: functions

27

(1) Executive arrangements by a council must include provision for the appointment by the council of one or more committees of the council (referred to in this Part as overview and scrutiny committees).

(2) Executive arrangements by a council must ensure that its overview and scrutiny committee has power (or its overview and scrutiny committees have power between them)—

(a) to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are the responsibility of the executive;

(b) to make reports or recommendations to the council or the executive with respect to the discharge of any functions which are the responsibility of the executive;

(c) to review or scrutinise decisions made, or other action taken, in connection with the discharge of any functions which are not the responsibility of the executive;

(d) to make reports or recommendations to the council or the executive with respect to the discharge of any functions which are not the responsibility of the executive;

(e) to make reports or recommendations to the council or the executive on matters which affect the council's district or the inhabitants of that district.

(3) For the purpose of dealing with a matter of concern to more than one overview and scrutiny committee of the council, standing orders may provide for the council to appoint an ad hoc overview and scrutiny committee or for the relevant committees to sit concurrently.

(4) The power of an overview and scrutiny committee under subsection (2)(a) to review or scrutinise a decision made but not implemented includes power—

(a) to recommend that the decision be reconsidered by the person who made it; or

(b) to arrange for its function under subsection (2)(a), so far as it relates to the decision, to be exercised by the council.

(5) An overview and scrutiny committee of a council may not discharge any functions other than its functions under this section and sections 28 to 33.

Overview and scrutiny committees: supplementary provision

28

(1) An overview and scrutiny committee of a council—

(a) may appoint one or more sub-committees, and

(b) may arrange for the discharge of any of its functions by any such sub-committee.

(2) A sub-committee of an overview and scrutiny committee may not discharge any functions other than those conferred on it under subsection (1)(b).

(3) An overview and scrutiny committee of a council, or a sub-committee of such a committee, may not include a member of the council's executive.

(4) An overview and scrutiny committee of a council, or any sub-committee of such a committee, may include persons who are not councillors.

(5) Persons who are not members of the council are not entitled to vote at any meeting of its overview and scrutiny committee, or any sub-committee of such a committee, on any question which falls to be decided at that meeting, unless permitted to do so under Schedule 4 (voting rights of co-opted members); and that Schedule shall have effect.

(6) Section 11(2) and sections 16 and 18 apply to an overview and scrutiny committee of a council, or a sub-committee of such a committee, as they apply to a committee appointed under section 11.

(7) An overview and scrutiny committee of a council or a sub-committee of such a committee—

(a) may require members of the executive, and officers of the council, to attend before it to answer questions; and

(b) may invite other persons to attend meetings of the committee.

(8) It is the duty of any member or officer mentioned in paragraph (a) of subsection (7) to comply with any requirement mentioned in that paragraph.

(9) A person is not obliged by subsection (8) to answer any question which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in Northern Ireland.

(10) In exercising, or deciding whether to exercise, any of its functions, an overview and scrutiny committee of a council, or a sub-committee of such a committee, must have regard to any guidance issued by the Department.

Scrutiny officers

29

(1) A council must designate one of its officers to discharge the functions mentioned in subsection (2).

(2) Those functions are—

(a) to promote the role of the council's overview and scrutiny committee or committees;

(b) to provide support to the council's overview and scrutiny committee or committees and the members of that committee or those committees;

(i) councillors;

(ii) members of the executive of the council; and

(iii) officers of the council,

in relation to the functions of the council's overview and scrutiny committee or committees.

(3) An officer designated by the council under this section is to be known as the council's “scrutiny officer”.

(4) A council must not designate under this section—

(a) the clerk of the council;

(b) the chief financial officer of the council.

(5) In this section references to an overview and scrutiny committee include any sub-committee of that committee.

Reference of matters to overview and scrutiny committee etc.

30

(1) Executive arrangements by a council must include provision which—

(a) enables any member of an overview and scrutiny committee of the council to refer to the committee any matter which is relevant to the functions of the committee;

(b) enables any member of a sub-committee of such a committee to refer to the sub-committee any matter which is relevant to the functions of the sub-committee; and

(c) enables any councillor to refer to an overview and scrutiny committee of the council of which the councillor is not a member any matter which is relevant to the functions of the committee and is not a prescribed matter.

(2) For the purposes of subsection (1), provision enables a person to refer a matter to a committee or sub-committee if it enables the person to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee or sub-committee.

(3) In considering whether to exercise the power which a councillor has by virtue of subsection (1)(c) in any case, the councillor must have regard to any guidance issued by the Department.

Dealing with references under section 30(1)(c)

31

(1) This section applies where a matter is referred to an overview and scrutiny committee by a councillor in accordance with provision made pursuant to section 30(1)(c).

(2) In considering whether or not to exercise any of its powers under section 27(2) in relation to the matter, the committee may have regard to any representations made by the councillor as to why it would be appropriate for the committee to exercise any of its powers under section 27(2) in relation to the matter.

(3) If the committee decides not to exercise any of those powers in relation to the matter, it must notify the councillor of—

(a) its decision; and

(b) the reasons for it.

(4) The committee must provide the councillor with a copy of any report or recommendations which it makes to the council or the executive under section 27(2) in relation to the matter.

(5) Subsection (4) is subject to section 33 (confidential and exempt information).

Duty of council or executive to respond to overview and scrutiny committee

32

(1) This section applies where an overview and scrutiny committee of a council makes a report or recommendations to the council or the executive.

(2) The overview and scrutiny committee may publish the report or recommendations.

(3) The overview and scrutiny committee must by notice in writing require the council or executive—

(a) to consider the report or recommendations;

(b) to respond to the overview and scrutiny committee indicating what (if any) action the council, or the executive, proposes to take;

(c) if the overview and scrutiny committee has published the report or recommendations under subsection (2), to publish the response; and

(d) if the overview and scrutiny committee provided a copy of the report or recommendations to a councillor under section 31(4), to provide the councillor with a copy of the response.

(4) The notice served under subsection (3) must require the council or executive to comply with it within two months beginning with the date on which the council or executive received the report or recommendations or (if later) the notice unless, in accordance with standing orders, the overview and scrutiny committee deems the notice to require a prompt response in which case the notice must require the council or the executive to comply within one month.

(5) It is the duty of a council or executive to which a notice is given under subsection (3) to comply with the requirements specified in the notice.

(6) Subsections (2) and (5) are subject to section 33 and to any provision made under section 35(3) (confidential and exempt information).

(7) In this section—

(a) references to an overview and scrutiny committee include references to a sub-committee of such a committee;

(b) references to “the council” or “the executive”, in relation to an overview and scrutiny committee, or a sub-committee of such a committee, are to the council by which the overview and scrutiny committee is established or to the executive of that council.

Publication etc. of reports, recommendations and responses: confidential and exempt information

33

(1) This section applies to—

(a) the publication under section 32 of any document comprising—

(i) a report or recommendations of an overview and scrutiny committee, or

(ii) a response of a council to any such report or recommendations; and

(b) the provision of a copy of such a document to a councillor under section 31(4) or section 32 by an overview and scrutiny committee or a council.

(2) The overview and scrutiny committee or the council, in publishing the document—

(a) must exclude any confidential information; and

(b) may exclude any relevant exempt information.

(3) The overview and scrutiny committee or the council, in providing a copy of the document to a councillor, may exclude any confidential information or relevant exempt information.

(4) Where information is excluded under subsection (2) or (3), the overview and scrutiny committee or the council, in publishing, or providing a copy of, the document—

(a) may replace so much of the document as discloses the information with a summary which does not disclose that information; and

(b) must do so if, in consequence of excluding the information, the document published, or a copy provided, would be misleading or not reasonably comprehensible.

(5) Subsection (6) applies if, by virtue of subsection (2), (3) or (4), an overview and scrutiny committee, in publishing or providing a copy of a report or recommendations—

(a) excludes information; or

(b) replaces part of the report or recommendations with a summary.

(6) The overview and scrutiny committee is nevertheless to be taken for the purposes of section 32(3)(c) or (d) to have published or provided a copy of the report or recommendations.

(7) In this section references to relevant exempt information are references to—

(a) in relation to a report or recommendations of an overview and scrutiny committee, exempt information of a description specified in a resolution of the overview and scrutiny committee under section 42(4) which applied to the proceedings, or part of the proceedings, at any meeting of the overview and scrutiny committee at which the report was, or recommendations were, considered; and

(b) in relation to a response of the council, exempt information of a description specified in such a resolution of the council which applied to the proceedings, or part of the proceedings, at any meeting of the council at which the report or response was, or recommendations were, considered.

(8) In this section—

“confidential information” has the meaning given by section 42(3) (admission to meetings of councils);

“exempt information” has the meaning given by section 51.

(9) In this section, references to an overview and scrutiny committee include references to a sub-committee of such a committee.

Meetings and access to information etc.

34

(1) Meetings are to be open to the public or held in private.

(2) Subject to regulations under section 35(4), it is for a council executive to decide which meetings are to be open to the public and which are to be held in private.

(3) A written record must be kept of prescribed decisions made at meetings which are held in private.

(4) Written records under subsection (3) must include reasons for the decisions to which they relate.

(5) In this section “meetings” means meetings of an executive or any sub-committee of an executive.

Meetings and access to information etc.: further provision and regulations

35

(1) Written records under section 34(3), together with such reports, background papers or other documents as may be prescribed, must be made available to members of the public in accordance with regulations.

(2) Regulations under subsection (1) may make provision for or in connection with preventing the whole or part of any record or document containing prescribed information from being made available to members of the public.

(3) Regulations may make provision—

(a) with respect to the access of the public to meetings of joint committees, or sub-committees of such committees, at which decisions are made in connection with the discharge of functions which are the responsibility of executives (including provision enabling such meetings to be held in private);

(b) for or in connection with requiring written records to be kept of decisions made at meetings which by virtue of paragraph (a) are held in private;

(d) for or in connection with requiring any such written records to be made available to members of the public;

(e) for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of the public.

(4) Regulations may make provision—

(a) as to the circumstances in which meetings falling within section 34, or particular proceedings at such meetings, must be open to the public;

(b) as to the circumstances in which meetings falling within section 34, or particular proceedings at such meetings, must be held in private;

(c) with respect to the information which is to be included in written records kept by virtue of this section or section 34;

(d) with respect to the reasons which are to be included in any such written records;

(e) with respect to the persons who are to produce, keep or make available any such written records;

(f) for or in connection with requiring any such written records to be made available to members of councils or to overview and scrutiny committees or sub-committees;

(g) for or in connection with requiring documents connected with decisions to which any such written records relate to be made available to members of councils or to overview and scrutiny committees or sub-committees;

(h) for or in connection with requiring information to be made available by electronic means;

(i) for or in connection with conferring rights on members of the public or members of councils, overview and scrutiny committees or sub-committees in relation to records or documents;

(j) for or in connection with the creation of offences in respect of any rights or requirements conferred or imposed by virtue of this section or section 34.

(5) Regulations may make provision for or in connection with requiring prescribed information about prescribed decisions made in connection with the discharge of functions which are the responsibility of a council executive to be made available to members of the public or members of the council.

(6) The provision which may be made under subsection (5) includes provision—

(a) requiring prescribed information to be made available in advance of the prescribed decisions mentioned in that subsection;

(b) as to the way or form in which prescribed information is to be made available.

(7) Regulations may make provision which, in relation to meetings falling within—

(a) section 34; or

(b) subsection (3)(a),

applies or reproduces (with or without modifications) any provisions of Part 8.

(8) Regulations may make provision in relation to—

(a) the publication by executives of councils under section 32 of responses to reports or recommendations of overview and scrutiny committees and their sub-committees; or

(b) the provision by executives of councils under section 32 of copies of such responses,

which applies or reproduces (with or without modifications) any provisions of section 33 (confidential and exempt information).

PART 7 — MEETINGS AND PROCEEDINGS

General

Meetings and proceedings

36

Schedule 5 (which makes provision as respects meetings and proceedings of councils and their committees) has effect subject to this Part.

Standing orders

37

(1) A council must make standing orders for the regulation of the proceedings and business of the council.

(2) A council may vary or revoke standing orders.

(3) Subsections (1) and (2) are subject to section 38 and the other provisions of this Act.

(4) This section applies to a joint committee as it applies to a council.

Regulations about standing orders

38

(1) Regulations may require councils, subject to such variations as may be authorised by the regulations—

(a) to incorporate such provision as may be prescribed by the regulations in standing orders for regulating their proceedings and business; and

(b) to make or refrain from making such other modifications of any such standing orders as may be so prescribed.

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may require such standing orders as are mentioned in that subsection to contain provision which, notwithstanding any statutory provision or the decision of any council or committee or sub-committee of a council, authorises persons who are members of such a council, committee or sub-committee—

(a) to requisition meetings of the council or of any of its committees or sub-committees;

(b) to require a decision of a committee or sub-committee of the council to be referred to and reviewed by the council itself or by a committee of the council;

(c) to require that a vote with respect to a matter falling to be decided by the council or by any of its committees or sub-committees is to be taken in a particular manner.

(3) Regulations under subsection (1) may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Department considers appropriate.

(4) Regulations under subsection (1) may make similar provisions in relation to joint committees as are made in relation to councils.

Decision-making

Simple majority

39

(1) Subject to this Act and any other statutory provision, every decision of a council must be taken by a simple majority.

(2) In the case of an equality of votes in relation to a decision which must be taken by a simple majority the person presiding has a second or casting vote.

(3) In this section “simple majority” in relation to a decision of a council means more than half the votes of the members present and voting on the decision.

(4) This section applies to a committee or sub-committee of a council and to a joint committee or a sub-committee of a joint committee as it applies to a council.

Qualified majority

40

(1) Standing orders must specify decisions which are to be taken by a qualified majority.

(2) In this Act “qualified majority” in relation to a decision of a council means 80 per cent. of the votes of the members present and voting on the decision.

(3) If the figure arrived at under subsection (2) is not a whole number, the figure must be rounded up to the next whole number.

(4) Regulations may amend the percentage mentioned in subsection (2).

(5) This section applies to a committee or sub-committee of a council and to a joint committee or a sub-committee of a joint committee as it applies to a council.

Power to require decisions to be reconsidered

41

(1) Standing orders must make provision requiring reconsideration of a decision if 15 per cent. of the members of the council (rounded up to the next highest whole number if necessary) present to the clerk of the council a requisition on either or both of the following grounds—

(a) that the decision was not arrived at after a proper consideration of the relevant facts and issues;

(b) that the decision would disproportionately affect adversely any section of the inhabitants of the district.

(2) Standing orders must require the clerk of the council to obtain an opinion from a practising barrister or solicitor before reconsideration of a decision on a requisition made wholly or partly on the ground mentioned in subsection (1)(b).

(3) Regulations may amend the percentage mentioned in subsection (1) and the process by which a legal opinion is obtained in subsection (2).

(4) In this section—

“decision” means a decision of the council or a committee of the council and includes a decision to make a recommendation;

“reconsideration” means—in the case of a decision of the council, reconsideration by the council;in any other case, consideration by the council or any specified committee of the council (whether or not the decision is a decision of that committee);

“section”, in relation to the inhabitants of a district, means a section of a specified description;

“specified” means specified in standing orders.

PART 8 — ACCESS TO MEETINGS AND DOCUMENTS

Admission to meetings of councils

42

(1) A meeting of a council must be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) or by resolution under subsection (4).

(2) The public must be excluded from a meeting of a council during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part authorises or requires the disclosure of confidential information in breach of the obligation of confidence.

(3) For the purposes of subsection (2), “confidential information” means—

(a) information provided to the council by a government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

(b) information the disclosure of which to the public is prohibited by or under any statutory provision or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

(4) A council may by resolution exclude the public from a meeting during an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during that item there would be disclosure to them of exempt information, as defined in section 51.

(5) A resolution under subsection (4) must—

(a) identify the proceedings, or the part of the proceedings, to which it applies; and

(b) state the description, in terms of Schedule 6, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section does not require the meeting to be open to the public during proceedings to which the resolution applies.

(6) The following provisions apply in relation to a meeting of a council—

(a) public notice of the time and place of the meeting must be given by posting it at the offices of the council or on the council’s website five days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

(b) while the meeting is open to the public, the council does not have power to exclude members of the public from the meeting; and

(c) while the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers must, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the council or not on the telephone, for telephoning the report at their own expense.

(7) Nothing in this section requires a council to permit—

(a) the taking of photographs of any proceedings; or

(b) the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later); or

(8) But a council shall permit during proceedings which are open to the public the use of social media by councillors, members of the public or journalists, to the extent that its use does not disrupt proceedings.

(9) This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

Access to agenda and connected reports

43

(1) Copies of the agenda for a meeting of a council and, subject to subsection (2), copies of any report for the meeting must be open to inspection by members of the public at the offices of the council or on the council’s website in accordance with subsection (3).

(2) If the clerk of the council thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) the whole of any report which, or any part which, relates only to items during which, in the opinion of the clerk, the meeting is likely not to be open to the public.

(3) Any document which is required by subsection (1) to be open to inspection must be open to inspection at least five days before the meeting, except that—

(a) where the meeting is convened at shorter notice, the copies of the agenda and reports must be open to inspection from the time the meeting is convened, and

(b) where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item, must be open to inspection from the time the item is added to the agenda;

but nothing in this subsection requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the council.

(4) An item of business may not be considered at a meeting of a council unless either—

(a) a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) for at least five days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or

(b) by reason of special circumstances, which must be specified in the minutes, the chair of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

(5) Where by virtue of subsection (2) the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1)—

(a) every copy of the report or of the part must be marked “Not for publication”; and

(b) there must be stated on every copy of the whole or any part of the report the description, in terms of Schedule 6, of the exempt information by virtue of which the council is likely to exclude the public during the item to which the report relates.

(6) Where a meeting of a council is required by section 42 to be open to the public during the proceedings or any part of them there must be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8), of the reports for the meeting.

(7) There must, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

(a) a copy of the agenda for a meeting of a council and, subject to subsection (8), a copy of each of the reports for the meeting;

(b) such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and

(c) if the clerk of the council thinks fit in the case of any item, copies of any other documents supplied to members of the council in connection with the item.

(8) Subsection (2) applies in relation to copies of reports provided in pursuance of subsection (6) or (7) as it applies in relation to copies of reports provided in pursuance of subsection (1).

Inspection of minutes and other documents after meetings

44

(1) After a meeting of a council the following documents must be open to inspection by members of the public at the offices of the council until the expiration of the period of six years from the date of the meeting—

(a) the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of proceedings during which the meeting was not open to the public as discloses exempt information;

(b) where applicable, a summary under subsection (2);

(d) a copy of so much of any report for the meeting as relates to any item during which the meeting was open to the public.

(2) Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the clerk of the council must make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.

(3) A council must as soon as is reasonably practicable put on its website any document which is open to inspection under subsection (1)(a).

Inspection of background papers

45

(1) Subject, in the case of section 44(1), to subsection (2), if and so long as copies of the whole or part of a report for a meeting of a council are required by section 43(1) or 44(1) to be open to inspection by members of the public—

(a) those copies must each include a copy of a list, compiled by the clerk of the council, of the background papers for the report or the part of the report; and

(b) at least one copy of each of the documents included in that list must also be open to inspection at the offices of the council.

(2) Subsection (1) does not require a copy of any document included in the list, to be open to inspection after the expiration of the period of four years from the date of the meeting.

(3) Where a copy of any of the background papers for a report is required by subsection (1) to be open to inspection by members of the public, the copy must be taken for the purposes of this Part to be open to inspection if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.

(4) Nothing in this section—

(a) requires any document which discloses exempt information to be included in the list referred to in subsection (1); or

(b) without prejudice to the generality of subsection (2) of section 42, requires or authorises the inclusion in the list of any document which, if open to inspection by the public, would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.

(5) For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which—

(a) disclose any facts or matters on which, in the opinion of the clerk of the council, the report or an important part of the report is based; and

(b) have, in the opinion of the clerk of the council, been relied on to a material extent in preparing the report,

but do not include any published works.

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

Application to committees and sub-committees

46

(1) Sections 42 to 45 apply in relation to a committee or sub-committee of a council as they apply in relation to a council.

(2) In the application by virtue of this section of sections 42 to 45 in relation to a committee or sub-committee—

(a) section 42(6)(a) is complied with if the notice is given by posting it at the time there mentioned at the offices of the council and, if the meeting of the committee or sub-committee is to be held at premises other than the offices of the council, at those premises;

(b) for the purposes of section 42(6)(c), premises belonging to a council are treated as belonging to the committee or sub-committee;

(c) for the purposes of sections 43(1), 44(1) and 45(1), offices of the council are treated as offices of the committee or sub-committee; and

(d) for the purposes of sections 43(3) and 44(6) the council's website is treated as the website of the committee or sub-committee.

(3) Any reference in this Part to a committee or sub-committee of a council includes—

(a) a joint committee; or

(b) a sub-committee of a joint committee.

Audio recording of meetings

47

(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.

Additional rights of access to documents for members of councils

48

(1) Any document which is in the possession or under the control of a council and contains material relating to any business to be transacted at a meeting of the council or a committee or sub-committee of the council must, subject to subsections (2) to (4), be open to inspection by any member of the council.

(2) Subsection (1) does not require the document to be open to inspection if it appears to the clerk of the council that it discloses exempt information.

(3) But subsection (1) does require (despite subsection (2)) the document to be open to inspection if the information is information of a description for the time being falling within—

(a) paragraph 3 of Schedule 6 (except to the extent that the information relates to any terms proposed or to be proposed by or to the council in the course of negotiations for a contract); or

(b) paragraph 6 of Schedule 6.

(4) In subsection (3), “the council” has the meaning given in paragraph 10(2) of Schedule 6.

(5) The Department may by order amend subsections (2) to (4)—

(a) by adding to the descriptions of exempt information to which those subsections refer for the time being; or

(b) by removing any description of exempt information to which those subsections refer for the time being.

(6) The accounts of a council must be open to inspection by any member of the council and nothing in subsections (1) to (5) affects the right conferred by this subsection on a member of the council.

(7) The rights conferred by this section on a member of a council are in addition to any other rights which the member may have apart from this section.

Councils to publish additional information

49

(1) A council must maintain a register stating—

(a) the name and address of every member of the council; and

(b) in respect of every committee or sub-committee of the council—

(i) the members of the council who are members of the committee or sub-committee or who are entitled, in accordance with any standing orders relating to the committee or sub-committee, to speak at its meetings or any of them;

(ii) the name and address of every other person who is a member of the committee or sub-committee or who is entitled, in accordance with any standing orders relating to the committee or sub-committee, to speak at its meetings or any of them otherwise than in the capacity of an officer of the council;

(iii) the functions in relation to the committee or sub-committee of every person falling within sub-paragraph (i) who is not a member of the committee or sub-committee and of every person falling within sub-paragraph (ii).

(2) A council must maintain a list—

(a) specifying those powers of the council which are exercisable by officers of the council in pursuance of arrangements made under this Act or any other statutory provision for their discharge by those officers; and

(b) stating the title of the officer by whom each of the powers so specified is so exercisable;

but this subsection does not require a power to be specified in the list if the arrangements for its discharge by the officer are made for a specified period not exceeding six months.

(3) There must be kept at the offices of a council or on the council’s website a written summary of the rights—

(a) to attend meetings of a council and of committees and sub-committees of a council; and

(b) to inspect and copy documents and to be furnished with documents,

which are conferred by this Part and such other statutory provisions as the Department may by order specify.

(4) The register maintained under subsection (1), the list maintained under subsection (2) and the summary kept under subsection (3) must be open to inspection by the public at the offices of the council or on the council’s website.

Supplemental provisions and offences

50

(1) A document directed by any provision of this Part to be open to inspection must be open to inspection at all reasonable hours and—

(a) in the case of a document open to inspection by virtue of section 45(1), upon payment of such reasonable fee as may be required for the facility; and

(b) in any other case, without payment.

(2) Where a document is open to inspection by a person (“P”) under any provision of this Part, P may, subject to subsection (3)—

(a) make copies of or extracts from the document; or

(b) require the person having custody of the document to supply a photographic copy of or of extracts from the document,

upon payment of such reasonable fee as may be required for the facility.

(3) Subsection (2) does not require or authorise the doing of any such act which infringes the copyright in any work except that, where the owner of the copyright is a council, nothing done in pursuance of that subsection constitutes an infringement of the copyright.

(4) If, without reasonable excuse, a person (“C”) having the custody of a document which is required by section 43(1) or 44(1) to be open to inspection by the public—

(a) intentionally obstructs any person exercising a right conferred by this Part to inspect, or to make a copy of or extracts from the document; or

(b) refuses to furnish copies to any person entitled to obtain them under any provision of this Part, C is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) Where any accessible document for a meeting to which this subsection applies—

(a) is supplied to, or open to inspection by, a member of the public; or

(b) is supplied for the benefit of any newspaper, in pursuance of section 43(7),

the publication thereby of any defamatory matter contained in the document is privileged unless the publication is proved to be made with malice.

(6) Subsection (5) applies to any meeting of a council and any meeting of a committee or sub-committee of a council; and, for the purposes of that subsection, the “accessible documents” for a meeting are the following—

(a) any copy of the agenda or of any item included in the agenda for the meeting;

(b) any such further statements or particulars for the purpose of indicating the nature of any item included in the agenda as are mentioned in section 43(7)(b);

(c) any copy of a document relating to such an item which is supplied for the benefit of a newspaper in pursuance of section 43(7)(c);

(d) any copy of the whole or part of a report for the meeting;

(e) any copy of the whole or part of any background papers for a report for the meeting, within the meaning of section 45.

(7) The rights conferred by this Part to inspect, copy and be provided with documents are in addition, and without prejudice, to any such rights conferred by or under any other statutory provision.

Exempt information and power to vary Schedule 6

51

(1) The descriptions of information which are, for the purposes of this Part, exempt information are those specified in Part 1 of Schedule 6, but subject to any qualifications contained in Part 2 of that Schedule; and Part 3 has effect for the interpretation of Parts 1 to 3 of that Schedule.

(2) The Department may by order vary Schedule 6 by adding to it any description or other provision or by deleting from it or varying any description or other provision for the time being specified or contained in it.

(3) The Department may exercise the power conferred by subsection (2) by amending any Part of Schedule 6, with or without amendment of any other Part.

Interpretation and application of this Part

52

(1) In this Part—

“copy”, in relation to any document, includes a copy made from a copy;

“exempt information” has the meaning given by section 51;

“information” includes an expression of opinion, any recommendations and any decision taken;

“newspaper” includes—a news agency which systematically carries on the business of selling and supplying reports or information to newspapers; andany organisation which is systematically engaged in collecting news—for sound or television broadcasts; orfor inclusion in programmes to be included in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service.

(2) The Department may by order amend sections 42(6)(a) and 43(3) and (4)(a) so as to substitute for each reference to five days such greater number of days as may be specified in the order.

PART 9 — CONDUCT OF COUNCILLORS

Code of conduct

53

(1) The Department may issue a code of conduct as regards the conduct which is expected of councillors (to be known as the Northern Ireland Local Government Code of Conduct for Councillors).

(2) The code of conduct must specify principles which are to govern the conduct of councillors.

(3) The principles may be—

(a) principles which are to apply to a person at all times;

(b) principles which are to apply to a person otherwise than at all times.

(4) The code of conduct may include—

(a) provisions which are to apply to a person at all times;

(b) provisions which are to apply to a person otherwise than at all times.

(5) The Department must not issue a code of conduct under subsection (1) unless a draft of the code of conduct has been laid before, and approved by resolution of, the Assembly.

(6) The Department may revise or withdraw the code of conduct.

(7) The Department must not issue a revised code of conduct under subsection (6) unless a draft of the revised code of conduct has been laid before, and approved by resolution of, the Assembly.

(8) The Department must not exercise its powers under subsection (1) or (6) unless it has consulted the local government auditor, the Commissioner, councils, and—

(a) such associations or bodies representative of councils;

(b) such associations or bodies representative of councillors;

(d) such other bodies or persons,

as appear to the Department to be appropriate.

(9) If—

(a) the Assembly by resolution approves a draft code of conduct under subsection (5) or (7); and

(b) the draft does not state when the code of conduct is to come into force,

the Department must add a statement specifying when the code of conduct comes into force.

Guidance

54

The Commissioner may—

(a) issue guidance on matters relating to the conduct of councillors; and

(b) arrange for the guidance to be made public.

Investigations

55

(1) The Commissioner may investigate—

(a) cases in which a written allegation is made to the Commissioner by any person that a councillor (or former councillor) has failed, or may have failed, to comply with the code of conduct; and

(b) other cases in which the Commissioner considers that a councillor (or former councillor) has failed, or may have failed, to comply with the code of conduct and which have come to the Commissioner's attention as a result of an investigation under paragraph (a).

(2) 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).

(3) If the Commissioner considers that a written allegation under subsection (1)(a) should not be investigated, the Commissioner must take reasonable steps to give written notification to the person who made the allegation of the decision and the reasons for the decision.

(4) The purpose of an investigation under this section is to determine which of the findings mentioned in subsection (5) is appropriate.

(5) Those findings are—

(a) that there is no evidence of any failure to comply with the code of conduct;

(b) that no action needs to be taken in respect of the matters which are the subject of the investigation;

(6) The Commissioner may cease an investigation under this section at any stage before its completion.

Investigations: further provisions

56

(1) The procedure for conducting an investigation under section 55 is to be such as the Commissioner considers appropriate in the circumstances of the case.

(2) Without prejudice to subsection (1), the Commissioner must give any person who is the subject of an investigation under section 55 an opportunity to comment on any allegation that the person has failed, or may have failed, to comply with the code of conduct.

(3) The Commissioner may pay to persons who attend or furnish information for the purposes of an investigation under section 55—

(a) such sums in respect of the expenses properly incurred by them; and

(b) such allowances by way of compensation for the loss of their time,

as may be determined by the Commissioner.

(4) The carrying out of an investigation under section 55 is not to affect—

(a) any action taken by the council concerned; or

(b) any power or duty of the council concerned to take further action with respect to any matters which are the subject of the investigation.

(5) Where a person is no longer a councillor of the council concerned but is a councillor of another council, any reference in subsection (4) to the council concerned is to be treated as including a reference to that other council.

Reports, etc.

57

(1) Where the Commissioner determines in relation to any case that a finding under section 55(5)(a) or (b) is appropriate, the Commissioner—

(a) may produce a report on the outcome of the investigation;

(b) may—

(i) provide a summary of any such report to any newspapers circulating in the district of the council concerned; and

(ii) take other steps to publicise the summary;

(d) where the Commissioner does not produce any such report, must inform the clerk of the council concerned and the councillor of the outcome of the investigation.

(2) Where the Commissioner determines in relation to any case that a finding under section 55(5)(c) is appropriate, the Commissioner must—

(a) produce a report on the outcome of the investigation;

(b) send a copy of the report to the clerk of the council concerned; and

(3) Where a person is no longer a councillor of the council concerned but is a councillor of another council the references in subsections (1)(b), (c) and (d) and (2)(b) to the council concerned are to be treated as including references to that other council.

(4) A report under this section may cover more than one investigation under section 55 in relation to any councillors (or former councillors) of the same council.

(5) The Commissioner must take reasonable steps to inform any person who made any allegation which gave rise to the investigation, of the outcome of the investigation.

(6) In subsections (1) and (2) “councillor” means the councillor (or former councillor) who is the subject of the investigation.

Interim reports

58

(1) Where the Commissioner considers it necessary in the public interest, the Commissioner may, before the completion of an investigation under section 55, produce an interim report on that investigation.

(2) An interim report under this section may cover more than one investigation under section 55 in relation to any councillors (or former councillors) of the same council.

(3) A copy of any report under this section must be given—

(a) to any person who is the subject of the report; and

(b) to the clerk of the council concerned.

(4) Where a person is no longer a councillor of the council concerned but is a councillor of another council the reference in subsection (3)(b) to the council concerned is to be treated as including a reference to that other council.

Decisions and recommendations

Decision following report

59

(1) The Commissioner may make an adjudication on any matter by deciding whether or not any person to which that matter relates has failed to comply with the code of conduct.

(2) Where the Commissioner decides that a person has not failed to comply with the code of conduct, the Commissioner must give notice to that effect to the clerk of the council concerned.

(3) Where the Commissioner decides that a person has failed to comply with the code of conduct, the Commissioner must decide whether no action should be taken or whether the nature of the failure is such that the Commissioner should—

(a) censure the person;

(b) suspend or partially suspend the person from being a councillor; or

(4) Where the Commissioner makes such a decision as is mentioned in subsection (3)(a), the Commissioner must censure the person in such terms as the Commissioner thinks appropriate.

(5) Where the Commissioner makes such a decision as is mentioned in subsection (3)(b), the Commissioner must suspend or partially suspend the person from being a councillor for such period as the Commissioner thinks appropriate but not exceeding one year or, if shorter, the remainder of the person's term of office.

(6) Where the Commissioner makes such a decision as is mentioned in subsection (3)(c), the Commissioner must disqualify the person for being, or becoming (whether by election or otherwise), a councillor for such period as the Commissioner thinks appropriate but not exceeding five years.

(7) Where the Commissioner decides that a person has failed to comply with the code of conduct but should not be censured, suspended or disqualified as mentioned in subsection (3), the Commissioner must give notice to the clerk of the council concerned—

(a) stating that the person has failed to comply with the code of conduct;

(b) specifying the details of that failure; and

(7A) Where the Commissioner censures a person under subsection (4),the Commissioner must give notice to the clerk of the council concerned—

(a) stating that the person has failed to comply with the code of conduct;

(b) specifying the details of that failure; and

(8) Where the Commissioner suspends or partially suspends a person under subsection (5), the Commissioner must give notice to the clerk of the council concerned—

(a) stating that the person has failed to comply with the code of conduct;

(b) specifying the details of that failure; and

(c) stating that the person is suspended or partially suspended for the period, and in the way, which the Commissioner has decided.

(9) Where the Commissioner disqualifies a person under subsection (6), the Commissioner must give notice to the clerk of the council concerned—

(a) stating that the person has failed to comply with the code of conduct;

(b) specifying the details of that failure; and

(c) stating that the person is disqualified for being, or becoming (whether by election or otherwise), a councillor for the period which the Commissioner has decided.

(10) A copy of any notice under this section—

(a) must be given to any person who is the subject of the decision to which the notice relates; ...

(b) must be published in one or more newspapers circulating in the district of the council concernedand.

(11) Where the person concerned is no longer a councillor of the council concerned but is a councillor of another council—

(a) a copy of any notice under this section to the clerk of the council concerned must also be given to the clerk of that other council; and

(b) the reference in subsection (10)(b) to the council concerned is to be treated as including a reference to that other council

(12) The Commissioner must take reasonable steps to inform any person who made any allegation which gave rise to the adjudication of the Commissioner's decision under this section.

(13) A person who is censured, suspended or disqualified by the Commissioner as mentioned in subsection (3) may appeal to the High Court if the High Court gives the person leave to do so.

(14) An appeal under subsection (13) may be made on one or more of the following grounds—

(a) that the Commissioner's decision was based on an error of law;

(b) that there has been procedural impropriety in the conduct of the investigation under section 58;

(d) that the Commissioner's decision was not supported by the facts found to be proved by the Commissioner;

(e) that the sanction imposed was excessive.

Decisions on interim reports

60

(1) Where the prima facie evidence is such that it appears to the Commissioner—

(a) that the person who is the subject of an interim report has failed to comply with the code of conduct;

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