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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 148

Interpretation: pecuniary interests.

148.(1) In this Act

"association" includes any body of persons, corporate or unincorporate;

"chief financial officer" means the officer designated as such under
section 54;

"council" has the meaning assigned to it in section 1(3), and in relation to
any district means the council for that district;

"councillor" has the meaning assigned to it by section 1(3), and in relation
to any council means a councillor of that council;

"date of conviction" shall, where the person convicted brings any appeal or
application in respect of his conviction, be taken as the date on which that
appeal or application is finally disposed of or abandoned or fails by reason
of non-prosecution thereof;

"day of his election" means in relation to any person claiming or alleged to
be a councillor

(a)where his election or alleged election was contested, the day on which the
result of the poll was declared; and

(b)in any other case, the day on which he was elected, or is alleged to have
been elected, to act as a councillor;

"declaration" means declaration in writing;

"direction" means direction in writing; and "direct" shall be construed
accordingly;

"district" has the meaning assigned to it by section 1(3), and in relation to
any council means the district for which that council acts;

"elected" includes appointed, chosen, nominated or otherwise selected;

"government department" means a department of the Government of Northern
Ireland;

"insurance" means a contract with any person whereby, in consideration of
payments by the council by way of premium or otherwise, that person undertakes
to pay to the council such sums as may be provided in the contract on the
occurrence of a particular event; and "insure" shall be construed accordingly;

"the Interim Staff Commission" means the Commission mentioned in section 138;

"joint committee" has the meaning assigned to it by section 19(1);

"local elector" means a person whose name is entered in the current register
of electors prepared and published under the Electoral Law Acts (Northern
Ireland) 1962 to 1971 and who is not suffering from any legal incapacity to
vote in the election of a councillor;

" the Minister" means the Minister of Development;

"the Ministry", except in Schedule 6, means the Ministry of Development;

"the Ministry concerned" in relation to any purpose or function means the
government department concerned with that purpose or function, and if any
question arises as to what department is the Ministry concerned, the question
shall be determined by the Ministry of Finance;

"modify" means making additions, omissions, amendments, adaptations,
applications, extensions, restrictions and substitutions;

"newspaper", in sections 24 to 26, includes any newsagency which as part of
its regular business sells or otherwise supplies for reward reports or
information to newspapers and any organisation which as part of its regular
business collects news for sound or television broadcasts;

"notice" means notice in writing;

"officer" includes servant;

"owner" means the person for the time being receiving the rack rent of the
land in connection with which the word is used, whether on his own account or
as agent or trustee for any other person, or who would so receive the same if
the land were let at a rack rent;

"prescribed" means prescribed by regulations;

"public body", except in section 146, means a body (other than a council)
established by or under any transferred provision;

"public utility undertaking" means the provision of gas, transport or any
other public service which a council is authorised to undertake;

"regulations" means regulations made by the Ministry;

"special resolution" means a resolution passed by a majority of not less than
two-thirds of the whole number of the councillors at a meeting of the council
which has been specially called for the purpose and of which at least ten
days' notice, specifying the purpose of the meeting, has been given by
advertisement in at least two newspapers circulating in the district of the
council, in addition to the ordinary notice required to be given for convening
a meeting of the council;

"the Staff Commission" has the meaning assigned to it by section 40;

"statutory provision" has the meaning assigned to it by section 1(f) of the
Interpretation Act (Northern Ireland) 1954, and includes such a provision
contained in or made under this Act or passed or made after the passing of
this Act;

"transferred provision" has the meaning assigned to it by section 1(g) of the
Interpretation Act (Northern Ireland) 1954, and includes such a provision
contained in or made under this Act or passed or made after the passing of
this Act;

"voluntary body" means any association carrying on or proposing to carry on
any activities otherwise than for the purpose of gain by the association or by
individual members thereof.

(2) For the purposes of this Act, a person shall be deemed not to withdraw
from a meeting unless he removes himself outside the hall or room in which the
meeting is held and outside the sight and hearing of persons present at the
meeting.

(3) References in this Act to the consent or approval of any authority are
references to consent or approval in writing.


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© 1972 Crown Copyright

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