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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 40

40.(1) There shall be established a body to be known as the Local Government
Staff Commission for Northern Ireland (in this Act referred to as "the Staff
Commission") for the purpose of exercising general oversight of matters
connected with the recruitment, training and
terms and conditions of employment of officers of councils [and of the
Northern Ireland Housing Executive (in this Act referred to as "the
Executive")] and of making recommendations to councils [and to the Executive]
on such matters.

(2) The Staff Commission shall be a body corporate with perpetual succession,
and section 19 of the Interpretation Act (Northern Ireland) 1954 shall apply
to it.

(3) The Staff Commission shall consist of

(a)a chairman, and

(b)not more than twelve or less than six other members,

(i)such associations representative of councils or their staffs as appear to
the Minister to be concerned, and [the Executive and such associations
representative of the staff of the Executive as appear to the Department to be
concerned, and]

(ii)any other association or any public body with whom consultation appears to
the Minister to be desirable.

(4) Without prejudice to the generality of subsection (1), the functions of
the Staff Commission shall include

(a)establishing, in such manner as the Staff Commission thinks fit, bodies (to
be known as "advisory appointment panels") for the purpose of giving advice to
councils on the suitability of applicants for appointment to the office of
clerk and to other offices for which qualifications are prescribed under
section 41 (including the making of a selection of persons who may be treated
as eligible for such appointments);

(b)establishing a code of procedure for securing fair and equal consideration
of applications to councils [and to the Executive] by persons seeking to be
employed by them as officers, and fair and equal treatment of persons who are
so employed;

(c)assessing the probable future requirements of councils [and of
the Executive] for the recruitment of officers and securing publicity for the
opportunities that are available to persons who may seek employment as such
officers;

(d)promoting co-operation between councils, [the Executive,] public bodies,
government departments and educational institutions in matters connected with
the recruitment, training and terms and conditions of employment of officers,
and promoting the temporary transfer of officers (with their consent) in
pursuance of arrangements made between councils, [between councils and
the Executive,] or between councils [or the Executive], and any such bodies,
departments or institutions;

(e)promoting or assisting the development of, or providing, facilities for the
training of officers;

(f)promoting or assisting the establishment of, or establishing, procedures
for the negotiation between councils [the Executive] and officers of councils,
[or of the Executive] or associations representing [any] of them, of standard
rates of remuneration, or other terms and conditions of employment, for
officers of councils, [or of the Executive] and recommending the adoption by
councils [and the Executive] of rates, terms and conditions so negotiated.

(5) Where the Staff Commission makes a recommendation to a council [or, as the
case may be, to the Executive] and the council [or the Executive] does not
comply with the recommendation within such reasonable period as
the Staff Commission requires, the Ministry, after consulting the council [or
the Executive] and considering any representations made by it, may give to the
council [or to the Executive] any directions that the Ministry considers
necessary or expedient for the implementation of the recommendation, and the
council [or the Executive] shall comply with any such direction within a
period of one month or such longer period as the Ministry may allow.

(6) A council [and the Executive] shall

(a)make such reports and returns with respect to its officers and their
terms and conditions of employment;

(b)furnish such estimates of its probable future requirements for the
recruitment of officers; and

(c)give such information with respect to matters connected with the employment
of any officer or officers;

(7) The provisions of Schedule 3 shall have effect with respect to
the Staff Commission.

(8) The Ministry may, by order made subject to affirmative resolution, make
provision for modifying the functions of the Staff Commission, and such an
order may modify or repeal any provision of this section or Schedule 3.

© 1972 Crown Copyright

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