Local Government Reform
The Local Government Act (Northern Ireland) 2014 represents the most comprehensive reform of local government in Northern Ireland for over 40 years. Changes are made within the context of local government. The councils and councillors are granted enhanced powers in certain areas.
The existing 26 councils are amalgamated and recast into 11 new so-called super councils. Each council is to prepare and keep a constitution, which includes the standing orders; copies of the Northern Ireland Local Government Code of Conduct for Councillors, and other prescribed information. The constitution must be available on its website as and from 30th April 2015.
Members of the Assembly; House of Commons; House of Lords; legislature of any other country; and the European Parliament are disqualified from being a councillor. A councillor is not an independent member of the policing and community safety partnership. They may not hold certain offices and employments with the council.
The following are positions of responsibility: chair; deputy chair; chair of a committee; deputy chair of a committee; member of a cabinet-style executive of the council; an external representative of the council.
At the first meeting of a council after a local general election, the nominating officer of the party for which the formula (equivalent to the hand type formula) has the highest figure may select the position of responsibility and the term for which it may be held. The term must be no later than the next general election. A substitute may be nominated for the balance of the term. This must be a member of the same party.
The formula below is applied successively to ensure that each position of responsibility is filled. The formula is S/1+M. S is the number of members listed in the name of the party who are elected. M is the number of positions of responsibility. The council, by qualified majority, may double the formula at M where the numbers obtained by the formula are equal, to take as a recalculated reference to the number of first preference votes for the party at the last local general election.
Where a position becomes vacant before the end of the term, the nominating officer of the party for whom the incumbent was nominated may nominate a substitute for the remainder of the term.
At subsequent annual meetings, each nominating officer of a party must select a member who stood in his name at the election to hold each position of responsibility for the next term. The next term is the subsequent annual meeting. This provision does not apply to a position of responsibility comprising membership of the cabinet-style executive or the external representative.
There is provision for a new position of responsibility. Provision is made for filling the position at the next annual meeting.
The council may determine to fill positions of responsibility by election. Where the position becomes vacant before the end of the term, the council elects the member to hold the position of responsibility for the remainder of the term. Similar provisions would apply to a newly created position of responsibility. Elections above are by single transferable vote.
Councils may arrange for the discharge of any of the functions by committees or by any other councils. This is subject to express provision in legislation. The council’s functions in relation to making of rates, borrowing money, and disposing of land may only be discharged by the council itself. Where a function may be carried out by a committee, it may be delegated to a subcommittee or officer of the council. This may be subject to any contrary direction by the council.
The councils may make arrangements between each other for the discharge of functions of one by the other. They may make arrangements for the discharge of functions by two or more councils jointly. Committees may be appointed for the purpose of the joint discharge of functions or in relation to the discharge by another council of the functions of the council.
A person who is disqualified from membership of a council is disqualified for membership of any subcommittee of the council; being a representative on any joint committee; or sub-committee of a joint committee.
A person who is a member of a committee but is not a member of the council which appointed the committee is treated as a non-voting member. Every member of a committee who ceases to be a councillor ceases to be a member of the committee.
The council must operate a committee system unless it decides to operate executive arrangements or prescribed arrangements. Executive arrangements must conform with the Local Government Act. Similarly, a committee system must conform with the Act.