Local Government (Miscellaneous Provisions) Bill, Northern Ireland Assembly

Local Government (Miscellaneous Provisions) Bill

[AS INTRODUCED]

Grants to district councils

The general grant to district councils
Determination of the resources element
Determination of the derating element
Reductions in general grant
Other grants to councils

Powers of district councils

Powers of district councils in relation to economic development
Powers of district councils in relation to community safety

Supplementary provisions

Interpretation
Repeals
Commencement and savings
Short title

Schedule Repeals

A

B I L L

TO

Make new provision for the payment of general and other grants to district councils; to confer new powers on district councils in relation to economic development and community safety; and for connected purposes.

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Grants to district councils

The general grant to district councils

1.—(1) The Department shall for each financial year make grants ("general grants") to district councils.

(2) Subject to any reduction under section 4, the general grant payable to a council for any financial year shall consist of -

(a) a resources element, determined under section 2; and

(b) a derating element, determined under section 3.

(3) Payments in respect of general grant shall be made to a council at such times as the Department may determine.

Determination of the resources element

2.— (1) The amount of the resources element of the general grant payable to a district council for any financial year shall be determined in accordance with regulations.

(2) Regulations under subsection (1) may in particular make provision-

(a) for the amount mentioned in that subsection to be calculated by reference to a formula;

(b) for determining the manner in which and time at which such calculation is to be made;

(c) for determining the person by or to whom any information required for the purpose of that calculation is to be given and the time at which and form in which it is to be given.

(3) The formula may be such that the amount of the resources element payable to a council is nil.

(4) For the purposes of this section "formula" includes methods, principles and rules of any description.

(5) Regulations under this section may contain-

(a) any supplementary, incidental or consequential provision,

(b) any transitional or saving provision,

(c) any provision for a person to exercise a discretion in dealing with any matter,

which the Department considers appropriate.

(6) Regulations shall not be made under this section unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

Determination of the derating element

3. The amount of the derating element of the general grant payable to a district council for any financial year is an amount equal to the difference between-

(a) the amount of the product of the district rate for that year (within the meaning of the Rates (Northern Ireland) Order 1977 (NI 28)); and

(b) the amount which, but for the provisions of Articles 31B and 42 of, and paragraph 4 of Schedule 7 to, that Order, would have been the amount of that product.

Reductions in general grant

4.—(1) Where the Department is satisfied that—

(a) a district council has failed to achieve or maintain a reasonable standard of economy, efficiency and effectiveness in the discharge of its functions, or

(b) the expenditure of a district council has been excessive having regard to its financial resources and other relevant circumstances,

the amount of any general grant payable to the council shall be reduced by such amount as the Department considers appropriate.

(2) Where any grant is reduced under subsection (1), the Department shall lay before the Assembly a report stating—

(a) the amount of the reduction; and

(b) the reasons for making it.

(3) The Department may—

(a) defray any expenditure incurred in any financial year in the provision of services for a district council by a body specified in regulations; and

(b) deduct from the amount of any general grant payable to the council for that year such amount (not exceeding the total of the expenditure so defrayed) as the Department considers appropriate.

(4) Before exercising its powers under subsection (3) the Department shall consult—

(a) such associations or bodies representative of councils,

(b) such district councils, and

(c) such other bodies or persons (if any),

as the Department considers appropriate.

(5) Regulations under this section shall be subject to negative resolution.

Other grants to councils

5.—(1) The Department may, in respect of a financial year, make grants to district councils for such other purposes as may be determined by the Department.

(2) A grant to a council under this section shall be—

(a) of such amount, and

(b) made subject to such conditions,

as the Department may determine.

(3) Grants shall not be made under this section without the consent of the Department of Finance and Personnel.

Powers of district councils

Powers of district councils in relation to economic development

6.- (1) A district council may promote the economic development of its district.

(2) Without prejudice to the generality of subsection (1), a district council may for the purposes of the economic development of its district-

(a) make payments; and

(b) acquire, hold and develop land.

(3) In subsection (2) "develop", in relation to land includes-

(a) erect, alter or extend buildings thereon;

(b) carry out works thereon;

(c) provide means of access, services and other facilities for persons using the land;

(d) facilitate the doing of such things by another person;

(e) manage and dispose of the land.

(4) A district council shall exercise its functions under this section in accordance with such directions as may be issued from time to time by the Department of Enterprise, Trade and Investment.

Powers of district councils in relation to community safety

7.- (1) A district council may-

(a) participate in any relevant community safety partnership;

(b) take action in accordance with any plan prepared by, or proposals agreed by, such a partnership;

(c) accept financial or other support provided by such a partnership; and

(d) generally assist and facilitate such a partnership in the exercise of its functions.

(2) The Department may by order confer or impose on district councils other functions relating to the enhancement of community safety in their districts.

(3) No order shall be made under this section unless a draft of the order has been laid before and approved by a resolution of the Assembly.

(4) In this section-

"community safety partnership" means a body established for an area in accordance with the community safety strategy devised by the Secretary of State under section 70 of the Justice (Northern Ireland) Act 2002 (but does not include any body established by an order under section 71(1) of that Act);

"the enhancement of community safety", in relation to any district, means making the district one in which it is, and is perceived to be, safer to live and work, in particular by the reduction of actual and perceived levels of crime and other anti-social behaviour;

"relevant community safety partnership", in relation to a district council, means such a partnership established for an area which is, or includes, the district of the council or any part of that district.

Supplementary provisions

Interpretation

8. In this Act-

"the Department" means the Department of the Environment; and

"regulations" means regulations made by the Department.

Repeals

9. The statutory provisions specified in the Schedule are repealed to the extent specified in the second column of the Schedule.

Commencement and savings

10.- (1) Sections 6 and 7 and the repeal of Article 28 of the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (NI 6) come into operation on the expiration of the period of two months from the date on which this Act receives Royal Assent.

(2) Nothing in the other provisions of this Act-

(a) applies in relation to any financial year which began before the date on which this Act receives Royal Assent; or

(b) affects the operation of any statutory provision repealed by this Act in relation to any such financial year.

Short title

11. This Act may be cited as the Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2002.

Schedule

Repeals

Short Title	Extent of repeal
The Local Government &c. (Northern Ireland) Order 1972 (NI 22)	Article 2(3). Articles 3 to 6. Schedule 1.
The Rates (Northern Ireland) Order 1977 (NI 28).	In Part II of Schedule 15, paragraphs 5 and 6.
The Enterprise Zones (Northern Ireland) Order 1981 (NI 15).	Article 18.
The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 (NI 15).	Article 41.
The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1992 (NI 6).	Article 28. Articles 48 and 49.
The Rates (Amendment) (Northern Ireland) Order 1994 (NI 11).	Article 4(4). Article 5(5).