Changing local government legislation

The Department of Infrastructure issued a consultation paper which was designed to advise the public of several amendments that were required to the Local Government Act 1985 and to invite comments on several other proposed amendments concerning Local Authority matters.

In the paper, the Department acknowledged that much of the current legislation in this area is over 30 years old and is in need of updating. Progressing the recommendations of a Select Committee of Tynwald on Local Authorities Members’ interests being considered a good start.

The paper also included several proposals concerning areas of governance, tendering and how to simplify processes to allow Local Authorities to work together more easily, as well as implementing new byelaws.

We received 58 responses to our consultation which were generally in favour of the proposed revisions.

A summary report of responses has been published on the Consultation Hub.

The Department will now seek to introduce a Bill to put into effect the recommendations of the Select Committee of Tynwald on Local Authority Members’ Interests. The Bill will amend the Local Government Act 1985 to reflect the recommendations except for Recommendation 4 which is subject to a wider review of Local Authority legislation.

The Bill will also include provisions to cover the following items:

• Clarification on matters that must or may be included in Joint Board Orders.
   
• Strengthen the legislation regarding Joint Board Orders.
   
• Clarify the obligations of joint boards and joint committees.
   
• Repeal the Douglas Market Act 1956.
   
• Update requirements relating to Member’s expenses/allowances.
   
• Clarify Local Authority boundaries.
   
• Clarify the process for filling casual and unfilled political vacancies.
   
• Clarify the process required to alter the number of Local Authority members and/or wards.
   
• Amend the local government superannuation scheme legislation.
   
• Update the requirements relating to the inspection of the minutes from Local Authority meetings.
   
• Amend the Tynwald procedure for the introduction of Local Authority byelaws.
   
• Clarify the provisions relating to open space.

As a result of the responses received to the consultation exercise several other matters will require further investigation and possible actions before legislation changes, should they be needed.