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NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 33

33.(1) Where the Ministry is satisfied that the construction of the new town
for the purposes of which a new town commission are established under this Act
has been substantially achieved, the Ministry shall by order

(a)constitute as [a] district any area in relation to which the
new town commission are authorised to exercise [their municipal functions];

(b)provide for the election of [a district council for that district], and in
relation to such an election may provide that so much of section 11 of the
Electoral Law Act (Northern Ireland) 1962 as requires the elected members of
such a council to be elected in a local election year within the meaning of
that Act shall not have effect; ...;

(c)make provision for the transfer to the service of any ... council elected
under paragraph (b) or to the service of some other local or public body of
any person employed by the new town commission;

(d)transfer to the council elected under paragraph (b) the municipal functions
of the new town commission and the property, rights and liabilities of the
new town commission in connection with any such function;

(e)dissolve any committee of the new town commission established under
section 32;

(f)transfer any development function of the new town commission and any
property, right or liability of the new town commission in connection with any
such function to such person as may be specified in the order;

(g)provide for the winding up of the affairs of the new town commission and
for their dissolution.

(2) An order under subsection (1) may contain such incidental, consequential
or supplementary provisions as the Ministry thinks necessary or expedient for
the purposes of the order, and in particular, but without prejudice to the
generality of the foregoing provision, may

(a)fix the total number of councillors of any ... district constituted under
this section, divide the district into wards, fix the boundaries of such
wards, apportion the councillors among the wards and, notwithstanding anything
in section 11(2) of the Electoral Law Act (Northern Ireland) 1962, fix the day
on which the first councillors shall retire from office;

(b)make provision for the severance of any property, rights or liabilities of
the new town commission and for their apportionment between any council and
other persons to whom the order applies or any of them, in such manner and in
such proportions as the Ministry considers expedient;

(c)extend or modify the functions of any person to whom any function,
property, right or liability of the new town commission is transferred, so far
as appears to the Ministry to be necessary or expedient in consequence of
the transfer;

(d)provide for the payment by or to any such person in consideration of
the transfer, of such sum as may with the approval of the Ministry of Finance
be specified in the order, to be satisfied in such manner as may be so
specified;

(e)provide for the appointment and functions of a liquidator of the
new town commission, and authorise the disposal, in such manner as may be
determined by or under the order, of any assets of the new town commission
that are not transferred to a council or other person under the foregoing
provisions of this section.

(3) Any surplus arising from the winding up of a new town commission under
this section shall be paid into the Exchequer, and any deficit shall be
defrayed by the Ministry.

(4) An order made under this section shall be subject to affirmative
resolution.

General provisions with respect to the transfer of functions, etc.

© 1965 Crown Copyright

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