
1 

(1) This Order may be cited as the Local Government (Indemnities for Members and Officers) (Amendment) Order (Northern Ireland) 2014 and shall come into operation on 1 November 2014.
2 

(1) The Local Government (Indemnities for Members and Officers) Order (Northern Ireland) 2012 shall be amended in accordance with paragraphs (2) and (3).
(2) In Article 1, for paragraph (2) substitute–“
(2) In this Order—
 “Part 9 proceeding” means any investigation, report, adjudication or any other proceeding pursuant to Part 9 of the Local Government Act (Northern Ireland) 2014; and
 “secure”, in relation to any indemnity provided by means of insurance, includes arranging for, and paying for, that insurance.”.
(3) For Article 7 substitute–“
7. 

(1) Subject to paragraphs (2) and (3), the terms of any indemnity given (including any insurance secured) under this Order may be such as a council shall agree.
(2) Paragraph (3) applies where any indemnity given to any member or officer (including any insurance secured for that member or officer) has effect in relation to the defence of—
(a) any criminal proceedings; or
(b) any Part 9 proceedings.
(3) Where this paragraph applies, the indemnity shall be provided, and any insurance secured, on the terms that—
(a) in the case of criminal proceedings, if the member or officer in question is convicted of a criminal offence and that conviction is not overturned following any appeal; and
(b) in the case of Part 9 proceedings–
(i) if a finding is made in those proceedings that the member in question has failed to comply with the Northern Ireland Local Government Code of Conduct for Councillors and that finding is not overturned following any appeal, or
(ii) if the member admits that he has failed to comply with the Northern Ireland Local Government Code of Conduct for Councillors,
that member or officer shall reimburse the council or the insurer (as the case may be) for any sums expended by the council or insurer in relation to those proceedings pursuant to the indemnity or insurance.
(4) Where a member or officer is obliged to reimburse a council or insurer pursuant to the terms mentioned in paragraph (3), those sums shall be recoverable by the council or insurer (as the case may be) as a civil debt.”.
Sealed with the Official Seal of the Department of the Environment on 22nd October 2014
Linda MacHugh
A senior officer of the
Department of the Environment
