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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 52

Supplemental provisions as to alterations of boundaries or names.

52.(1) Where the Minister makes an order under section 50, the Ministry may
make a supplemental order (in this section referred to as "the order") which
may contain such incidental, consequential, transitional or supplemental
provisions as appear to be necessary or expedient for the general or any
particular purposes of the order under section 50 or in consequence of any of
the provisions thereof or for giving full effect thereto, and without
prejudice to the generality of the foregoing provisions of this subsection may
in particular include provision

(a)for modifying or repealing any transferred provision (including such a
provision contained in or made under a local or personal Act or an Act
confirming a provisional order);

(b)for the transfer, application, defrayal, apportionment or adjustment (by
agreement or otherwise) of assets, liabilities, income and costs and for the
continuance of, or of functions of, any council or public body, and the
continuance in office of any councillor or officer (including the continuance
in office of any member or officer of a dissolved council, as if the council
had not been dissolved), for the purposes of such transfer, application,
defrayal, apportionment or adjustment or for the purposes of the making up and
audit of accounts and any proceedings in connection therewith or consequent
thereupon;

(c)for the transfer of any writ, process, record or document relating to or to
be executed in any part of a district affected by the order under section 50,
and for determining questions arising from such transfer;

(d)for the determination of questions arising under the order.

(2) The order may make provision for the transfer of existing officers
affected by the order under section 50 and shall contain provisions for the
protection of the interests of any such existing officers.

(3) The order may make provision for the payment, on such terms and subject to
such conditions as may be specified in the order, of compensation to or in
respect of any officer of a council who suffers loss of employment or loss or
diminution of emoluments (including superannuation rights) which is
attributable to the order under section 50, and may in particular

(a)include provision as to the funds out of which and the councils by which
compensation is to be defrayed;

(b)include provision as to the manner in which and the time within which and
the person to whom any claim for compensation is to be made;

(c)apply for the purposes of the order any transferred provision relating to
the payment of compensation subject to the modifications (if any) specified in
the order.

(4) The order may make provision for the Minister to appoint the day or days
on which the order, or any provision of it, is to come into operation.

(5) Stamp duty shall not be chargeable on the order or on any instrument
executed for the purposes of giving effect to the order.

(6) A certificate issued by the Ministry that any property has been
transferred by virtue of the order shall, until the contrary is shown, be
accepted as evidence of that fact.

(7) A change of name of a council shall not affect any rights or obligations
of the council or any other person, or render defective any legal proceedings,
and

(a)any legal proceedings may be commenced or continued as if there had been no
change of name;

(b)every reference in any transferred provision, record, document or map to
the former name of the council shall be construed as a reference to the new
name.

(8) Where the name of a district which is a borough is changed, the charter of
the borough shall have effect as if the new name were substituted for the old.

(9) Where the order includes provision for modifying or repealing a
transferred provision (except a provision contained in or made under a local
or personal Act or an Act confirming a provisional order) it shall be subject
to affirmative resolution.

Annual budget.

© 1972 Crown Copyright

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