LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 41 Appointment and qualification of officers.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> WELFARE OF ANIMALS ACT (NORTHERN IRELAND) 1972

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 41

Appointment and qualification of officers.

41.(1) Every council shall appoint a clerk of the council and shall also
appoint such other officers as the council thinks necessary for the efficient
discharge of the functions of the council.

(2) A council may appoint a deputy of any officer for the purpose of acting in
the place of the officer whenever the office is vacant or the officer is for
any reason unable to act.

(3) Regulations may prescribe the qualifications to be possessed

(a)by any person appointed to the office of clerk of a council; or

(b)by any person appointed to such other office under the council as may be
prescribed.

(4) A person shall not be appointed to the office of clerk of a council or to
any other office for which qualifications are prescribed under subsection (3)
except in accordance with the advice of an advisory appointment panel
established by the Staff Commission; but this subsection shall not apply to

(a)an appointment made in accordance with the advice of
the Interim Staff Commission in pursuance of the succeeding provisions of
this Act; or

(b)a temporary appointment made with the approval of the Ministry.

(5) Where a council refuses or fails to make an appointment

(a)from among persons selected by an advisory appointment panel as eligible
for the appointment; or

(b)in accordance with directions given by the Ministry for implementing any
recommendation made to the council by the Staff Commission or any advice given
to the council by the Interim Staff Commission;

(6) The remuneration, removal from office, suspension or re-instatement, or
any withholding of the remuneration, of the clerk of a council and of any
other officers for whom qualifications are prescribed under subsection (3)
shall be subject to the approval of the Ministry.

(7) A council shall not, without the approval of the Ministry, remove from
office or suspend, or withhold the remuneration of, any officer appointed by
the Ministry under subsection (5), notwithstanding that subsection (6) does
not apply to that officer.

(8) If after consultation with any councils the Ministry is satisfied that it
is expedient that an order should be made providing for the employment of
officers of any class by one of the councils on behalf of both or all of them,
the Ministry may make such an order, and the order

(a)shall require that, before appointing officers of that class, the council
by which the officers are to be employed shall consult with the other council
or councils to such extent as is provided for in the order;

(b)shall provide for the expenses incurred in connection with the employment
of the officers to be defrayed by the councils in such proportions as they may
agree upon or, in case of disagreement, as may be determined by the Ministry;
and

(c)may contain such incidental and supplemental provisions as the Ministry
thinks fit;

(9) Before the first election of councils, an order under subsection (8) for
the employment by one council of officers of any class on behalf of itself and
another council or other councils may be made after consultation with such
existing local authorities (as defined in section 131(4)) as are concerned
with the employment of officers of that class, and so much of subsection (8)
as requires consultation with the councils before the order is made shall not
apply.[

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/woaai1972325/s41.html

Northern Irish Legislation

LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 41