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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 32

Ancillary powers of the High Court in exercising jurisdiction under section 31.

32.(1) Without prejudice to anything contained in section 31, a judge of the
High Court exercising jurisdiction under that section may

(a)refer to a special referee for inquiry or report any question arising in
the exercise of such jurisdiction;

(b)appoint one or more inspectors to investigate and report on any relevant
transaction within the meaning of section 31 or the affairs of any council or,
in connection with any such transaction, the membership of any company or
otherwise with respect to a company for the purposes of determining the true
persons who are or have been financially interested in the company or able to
control or materially to influence the policy of the company.

(2) A referee or inspector holding any inquiry or conducting any investigation
under subsection (1) may for the purposes thereof

(a)by notice require any person to attend at the time and place set forth in
the notice to give evidence or to produce any books or documents in his
custody or under his control which appear to relate to any matter in question
at the inquiry or investigation;

(b)by notice require any person to furnish within such reasonable period as is
specified in the notice such information relating to any such matter as the
person holding the inquiry or conducting the investigation thinks fit and as
the person so required is able to furnish; and

(c)administer oaths and examine witnesses on oath.

(3) Any person who refuses or fails to attend in obedience to a notice under
subsection (2) or to give evidence, or who wilfully alters, suppresses,
conceals, destroys or refuses or fails to produce any book or document which
he is required by any such notice to produce or who refuses or fails to
furnish any information which he is required to furnish under subsection
(2)(b) shall be deemed to be guilty of contempt of the High Court.

(4) Without prejudice to subsection (2), an inspector appointed under
subsection (1)(b) to investigate the affairs of a council or the membership of
a company may exercise in relation to that council or company all the powers
of an inspector appointed by the Ministry of Commerce under section 158 of the
Companies Act (Northern Ireland) 1960 and accordingly sections 160 (power to
carry investigation into affairs of related companies) and 161 (production of
documents and evidence) of that Act shall have effect for the purposes of an
investigation by an inspector appointed under subsection (1)(b) as they have
effect for the purposes of an investigation by an inspector appointed under
the said section 158.

(5) The finding or report of a referee or inspector acting under subsection
(1) may be accepted and acted upon by a judge of the High Court either in
whole or in part.

(6) The remuneration of a referee or inspector under this section shall be
determined by a judge of the High Court.

(7) Where in the course of proceedings under section 31 it appears to the High
Court that the conduct of any councillor or officer of a council, other than
the councillor against whom those proceedings were instituted, may have been
reprehensible within the meaning of that section, the Court may direct that
such councillor or officer be made a party to the proceedings and that a
notice be served on him informing him that he has been made such a party and
that it appears to the Court that his conduct may have been reprehensible as
aforesaid and requiring him

(a)to furnish to the Court such documents or information in his possession or
control as may relate to any relevant transaction within the meaning of
section 31 or to any matter arising out of such a transaction or as may be
specified in the notice; and

(b)to attend and be examined on oath before the Court regarding any such
transaction or matter.

(8) If, upon such examination and after giving such councillor or officer an
opportunity of being heard (whether in person or by counsel), the High Court
is satisfied that such councillor or officer has been guilty of conduct which
was reprehensible within the meaning of section 31, the Court may make a
declaration accordingly and may also make any order which could have been made
if proceedings had been instituted against that councillor under section 31 or
against that officer under that section as applied by section 46(9).

(9) A reference in this section to a person being a councillor shall include a
reference to his sitting or voting or otherwise acting as a councillor.

© 1972 Crown Copyright

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