Local Government (Miscellaneous Provisions) Act 2012

Amendment of section 3 of Act of 1971.

5.— Section 3 of the Act of 1971 is amended—

(a) by substituting the following subsection for subsection (1):

“(1) The Minister may, from time to time, with the consent of the Minister for Public Expenditure and Reform, and having regard to the matters referred to in subsection (1A), by order (in this Act referred to as an ‘establishment order’), establish a body to provide services for or on behalf of—

(a) the Minister in the performance of his or her functions, or

(b) one or more of the authorities to which this Act applies in the performance of the functions of that authority or those authorities.”,

(b) by inserting the following subsection after subsection (1):

“(1A) The Minister, when making an order under subsection (1), shall have regard to—

(a) the promotion of efficiency, effectiveness and economy in the organisation and provision of the services in question,

(b) the resources available to the Minister or any authority to or for which services may be provided by the body to be established by the order,

(c) the desirability of consistency of standards in relation to the provision of the services in question,

(d) the desirability of regionalisation or centralisation of the provision of the services in question,

(e) the desirability of reducing the number of bodies providing the services in question.”,


(c) by inserting the following subsection after subsection (8):

“(9) In this section ‘services’ includes—

(a) the management and organisation of industrial relations and human resources activities, including representation, negotiation, training and development,

(b) the provision of services, training and equipment relating to information technology and communications technology,

(c) the provision of administration services,

(d) the provision of shared and central services,

(e) the promotion of public safety awareness and the organisation of training and safety measures in relation to public safety,

(f) the provision of research, advisory and information services,

(g) the provision of consultancy and strategic planning services,

(h) the arrangement, co-ordination and provision of social and economic regeneration including the development and improvement of land and infrastructure,

(i) the provision of procurement services,

(j) the provision of agency services, including the collection of charges and late payment fees, and

(k) the supply of goods and related services.”.