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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Local Government (Boundaries) (Northern Ireland) Order 2006 No. 1253 (N.I. 8) URL: http://www.bailii.org/nie/legis/num_orders/2006/20061253.html |
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Made | 9th May 2006 | ||
Coming into operation in accordance with Article 1(2) to (4) |
1. | Title and commencement |
2. | Interpretation |
3. | Local government districts and wards |
4. | Local Government Boundaries Commissioner |
5. | Consequential amendments and repeals |
SCHEDULE 1 | Schedule 4 to the principal Act, as substituted |
SCHEDULE 2 | Repeals |
(4) Article 5(1) and the repeal, by Article 5(5) and Schedule 2, of the Local Government Boundaries Act (Northern Ireland) 1971 (c.9) come into operation on such date or dates as the Department may by order appoint.
(5) An order under this Article may contain such transitional or transitory provisions and such savings as appear to the Department to be necessary or expedient.
Interpretation
2.
–
(1) The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order—
(3) Expressions used in this Order and in the principal Act have the same meaning in this Order as in that Act.
Local government districts and wards
3.
–
(1) For the purposes of local government, Northern Ireland shall be divided into 7 districts (to be known as "local government districts").
(2) The 7 local government districts shall incorporate, respectively, the whole or the major part of the following former local government districts—
1.
Antrim; Carrickfergus; Lisburn City; Newtownabbey.
2.
Ards; Castlereagh; Down; North Down.
3.
Armagh City and District; Banbridge; Craigavon; Newry and Mourne.
4.
Ballymena; Ballymoney; Coleraine; Larne; Moyle.
5.
Belfast.
6.
Cookstown; Dungannon and South Tyrone Borough; Fermanagh; Omagh.
7.
Derry; Limavady; Magherafelt; Strabane.
(3) Each local government district shall be divided into wards.
(4) The boundaries and names of the local government districts and the number, boundaries and names of the wards into which each of those districts is divided shall be such as are prescribed by an order made under section 50(10) of the principal Act.
(5) Reference in paragraph (2) to a former local government district is to that district as constituted on the date on which this Order is made.
Local Government Boundaries Commissioner
4.
–
(1) For section 50 of the principal Act substitute—
(2) The function of a Commissioner appointed under subsection (1)(a) shall be to make recommendations regarding—
(3) The function of a Commissioner appointed under subsection (1)(b) shall be to review, and make recommendations regarding —
(4) Where, at a time when no Commissioner stands appointed under subsection (1)–
(b) proposals are made to the Department by more than one council for the union of the districts of those councils; or
(c) the Department has itself prepared any such proposal as is mentioned in paragraph (a) or (b),
the Department may appoint a Local Government Boundaries Commissioner to consider the proposals and make recommendations.
(5) Part I of Schedule 4 shall have effect with respect to a Local Government Boundaries Commissioner, and such a Commissioner shall—
(6) A Local Government Boundaries Commissioner appointed under subsection (1) or (4) shall submit a final report to the Department within such period as the Department may direct.
(7) As soon as may be after a Commissioner appointed under subsection (1)(a) submits his final report, the Department shall lay the report before the Assembly together with the draft of an order to give effect, whether with or without modifications, to the recommendations contained in the report.
(8) If the report of a Commissioner appointed under subsection (1)(b) or (4) recommends any alteration in the number, boundaries or names of any districts or wards, the Department shall, as soon as may be after receiving the report, lay the report before the Assembly together with the draft of an order to give effect, whether with or without modifications, to the recommendations contained in the report.
(9) Where a draft order to be laid before the Assembly under subsection (7) or (8) proposes to give effect to recommendations of a Commissioner with modifications, the Department shall lay before the Assembly, together with the draft order, a statement of the reasons for the modifications.
(10) On the approval of the draft order by a resolution of the Assembly, the Department shall make an order in terms of the draft as so approved.".
(2) For Schedule 4 to the principal Act substitute the Schedule set out in Schedule 1 to this Order.
Consequential amendments and repeals
5.
–
(1) In section 1(1) of the principal Act for "the Local Government (Boundaries) Act (Northern Ireland) 1971" substitute "Article 3 of the Local Government (Boundaries) (Northern Ireland) Order 2006".
(2) In the principal Act—
(3) In the District Electoral Areas Commissioner (Northern Ireland) Order 1984 (SI 1984/360)—
(4) In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c.25) in the entry relating to Commissioners or Assistant Commissioners appointed under section 50(1) or (2) of, or Schedule 4 to, the Local Government Act (Northern Ireland) 1972, for "or (2)" substitute "or (4)".
(5) The statutory provisions set out in Schedule 2 are repealed to the extent mentioned in column 2 of that Schedule.
A.K. Galloway
Clerk of the Privy Council
4.
The Department shall appoint—
(2) The terms and conditions of any appointment under this paragraph shall be such as may be determined by the Department, with the approval of the Department of Finance and Personnel.
(3) Where the Commissioner has provisionally determined to make recommendations with respect to a district and the wards within a district, he shall publish in at least two newspapers circulating in that district a notice-
as may be so specified.
(4) Where a Commissioner has published notice under sub-paragraph (3) in respect of a district, he shall, in accordance with the terms of that notice, cause a public hearing to be held in respect of—
(5) The Commissioner may cause additional public hearings to be held in such manner as he may direct.
(6) The Commissioner—
(7) Where the Commissioner revises any provisional recommendations with respect to a district or the wards within a district, he may if he thinks fit publish in at least two newspapers circulating in that district a notice-
and, if the Commissioner does so, he shall take into consideration any representations made in accordance with the notice.
(3) Where the Commissioner has provisionally determined to make recommendations with respect to a district or the wards within a district, he shall publish in at least two newspapers circulating in the district a notice-
(4) Where the period specified in a notice under paragraph (3) in relation to a district has elapsed, the Commissioner may, after giving public notice thereof, cause a public hearing to be held in that district in respect of—
(5) Where the Commissioner receives any representations duly made in accordance with the notice under sub-paragraph (3) objecting to the recommendations he has provisionally determined to make-
the Commissioner shall not make the recommendations unless, since the publication of the notice, a public hearing such as is mentioned in sub-paragraph (4) has been held in the district.
(6) The Commissioner may cause additional public hearings to be held in such manner as he may direct.
(7) The Commissioner—
(8) Where the Commissioner revises any provisional recommendations with respect to a district or the wards within a district, he may if he thinks fit publish in at least two newspapers circulating in that district a notice-
and, if the Commissioner does so, he shall take into consideration any representations made in accordance with the notice.
(3) The Commissioner shall also publish in at least two newspapers circulating in the district a notice-
(4) Where the period specified in a notice under paragraph (3) in relation to a district has elapsed, the Commissioner may, after giving public notice thereof, cause a public hearing to be held in that district in respect of the proposals in question.
(5) Where the Commissioner receives any representations duly made in accordance with the notice under sub-paragraph (3) objecting to the proposals he has been appointed to consider-
the Commissioner shall not recommend the implementation of the proposals, unless, since the publication of the notice, a public hearing such as is mentioned in sub-paragraph (4) has been held in the district.
(6) The Commissioner may cause additional public hearings to be held in such manner as he may direct.
(7) The Commissioner—
(8) Where the Commissioner provisionally determines to recommend modification of the proposals with respect to a district or the wards within a district, he may if he thinks fit publish in at least two newspapers circulating in that district a notice-
and, if the Commissioner does so, he shall take into consideration any representations made in accordance with the notice.
17.
In determining the number and boundaries of wards within a district regard shall be had to-
18.
–
(1) Subject to sub-paragraphs (2) and (3), in each district the number of wards shall be 60.
(2) Where, having regard to the matters mentioned in paragraph 17, the Commissioner considers it desirable that the number of wards in any district should be more than 60, the number of wards in that district may be increased to not more than 65.
(3) Where, having regard to the matters mentioned in paragraph 17, the Commissioner considers it desirable that the number of wards in any district should be fewer than 60, the number of wards in that district may be decreased to not fewer than 55.
19.
–
(1) Within any one district there shall, as far as is reasonably practicable having regard to paragraph 17, be substantially the same number of local electors in each ward.
(2) For the purposes of sub-paragraph (1) it shall be taken that the electors in each ward are the persons registered as local electors, by virtue of a qualifying address within that ward, in the register of electors last published before the making of the announcement mentioned in paragraph 6(2), 7(2) or 8(2) (as the case may be).".
Short Title | Extent of repeal |
The Local Government (Boundaries) Act (Northern Ireland) 1971 (c.9). | The whole Act. |
The Local Government Boundaries Commissioner (Northern Ireland) Order 1990 (SI 1990/2149). | The whole Order. |
The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (NI 6). | Article 43. |