Local Government Act 2002

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255 Minister may appoint Commissioner to perform and exercise powers and duties of local authority or call general election
  • (1) If the Minister considers that 1 or both of the grounds in subsection (2) exist, the Minister may, by notice in the Gazette,—

    • (a) appoint a Commissioner to perform and exercise a local authority's responsibilities, duties, and powers; or

    • (b) call a general election of the local authority; or

    • (c) both.

    (2) The grounds are that the local authority—

    • (a) is unable to perform and exercise its duties and powers under this Act or any other enactment because it cannot hold meetings owing to the lack of a quorum; or

    • (b) requests the appointment of a Commissioner to perform and exercise its duties and powers under this Act and any other enactment.

    (3) The Minister must send to the local authority a copy of a notice published under subsection (1).

    (4) The Minister may appoint a Commissioner on such terms and conditions as the Minister thinks fit.

    (5) Clauses 16 to 19 of Schedule 15 apply, with all necessary modifications, to a Commissioner appointed under this section as if the Commissioner were a commission appointed under clause 14 of that schedule.

    (6) Every reference in this Act and every other enactment to a local authority is to be read as including a Commissioner appointed under this section.

    Compare: 1974 No 66 s 721