LOCAL GOVERNMENT ACT 1995 - SECT 8.19

LOCAL GOVERNMENT ACT 1995 - SECT 8.19

8.19 .         Suspension of council while inquiry is held

        (1)         Before or after appointing an Inquiry Panel to conduct an inquiry and make a report about a local government the Minister may, by order, suspend the council —

            (a)         if the Minister thinks that —

                  (i)         the seriousness or duration of a suspected failure of the council to ensure that the local government performs its functions properly; or

                  (ii)         such other factors as the Minister considers relevant,

                make it inappropriate for the council to act, or to continue to act, as the governing body of the local government; or

            (b)         if the Minister thinks that the conduct of the inquiry would be likely to be seriously prejudiced if the council were to act, or to continue to act, as the governing body of the local government.

        (2)         If an Inquiry Panel has not been appointed when the suspension under an order made under this section takes place the Minister is to appoint one within 6 months after the suspension.

        (3)         If a council is already suspended under section 8.15C, then an order may be made under subsection (1) extending the suspension of the council and, for the purpose of this Act, such an order is to be taken to be an order suspending the council made under this section.

        [Section 8.19 amended: No. 2 of 2012 s. 23.]