438CMinister to give notice of intention to issue or vary performance improvement order

#### 438C Minister to give notice of intention to issue or vary performance improvement order 438C Minister to give notice of intention to issue or vary performance improvement order > > (1) The Minister is to give a council notice in writing of his or her intention to issue or vary a performance improvement order in respect of the council. > > > (2) If it is proposed to issue a performance improvement order, the notice is to specify the following— > > > > > (a) the terms of the proposed performance improvement order, including the period for compliance with the order and any proposed appointment of a financial controller, > > > > > (b) the reasons why it is proposed to issue the performance improvement order (including any evidence supporting the Minister’s opinion that improvement is required), > > > > > (c) the actions that may be taken by the Minister if the performance improvement order is not complied with. > > > (2A) If it is proposed to vary a performance improvement order, the notice is to specify the following— > > > > > (a) the terms of the proposed variation, > > > > > (b) the reasons why it is proposed to vary the order. > > > (3) The notice must invite the council to make submissions in respect of the proposed performance improvement order or variation within a consultation period specified in the notice. > > > (4) The notice is to specify a consultation period of not less than 7 days from the date the notice is served on the council. > > > (5) The Minister is to have regard to any submissions made by the council during the consultation period in deciding— > > > > > (a) whether to issue the proposed performance improvement order or proposed variation, and > > > > > (b) whether any changes should be made to the terms of the proposed performance improvement order or proposed variation. > > > (6) The Minister is not required to give notice to a council of his or her intention to issue or vary a performance improvement order in respect of the council if— > > > > > (a) the council is suspended under Part 7, or > > > > > (b) the order is issued or varied in response to the results of a public inquiry in relation to a council. > > **s 438C:** Ins 2013 No 44, Sch 1 \[41\]. Am 2015 No 37, Sch 1 \[8\]–\[16\]; 2016 No 38, Sch 1 \[42\].