The Housing (Scotland) Act 2001 (Registration of Tenant Organisations) Order 2002

PART I CRITERIA FOR REGISTRATION IN A REGISTER

Constitution

1.  The applicant must have a written constitution available for inspection by the public that sets out–

(a) its objects and its area of operation;

(b) its membership criteria and procedure for application for membership;

(c) the operation of its committee;

(d) its procedure for election of its committee and office bearers;

(e) how its business is conducted, including delegation of powers;

(f) how its decisions are reached;

(g) how its funds are managed;

(h) its procedures for meetings of members including the annual general meeting;

(i) its procedure for amending its constitution;

(j) its commitment to the promotion of equal opportunities; and

(k) its commitment to the promotion of the housing and housing related interests of the tenants of the registering landlord.

Committee

2.—(1) The applicant must have a committee, the members of which are elected at an annual general meeting of the applicant and members of the committee must be required to stand down after a period specified in the applicant’s constitution.

(2) The committee must consist of at least three members who may co-opt other members on to the committee during the course of a year; and

(3) The committee procedures set out in the constitution of the applicant must require that the decisions of the committee are reached democratically.

Area of operation

3.  The applicant must operate within a defined area, and in which there is housing stock owned or managed by any local authority or registered social landlord with whom it is seeking to register.

Membership policy

4.  Membership of the applicant body must be open to all those tenants of the landlord to which application has been made who are tenants–

(a) under a Scottish secure tenancy or a short Scottish secure tenancy; and

(b) of a house situated within the applicant body’s defined area of operation.

Accounting

5.  The applicant must maintain proper accounting records showing income and expenditure and a statement of assets and liabilities. Its constitution must require that an annual financial statement, audited by the landlord or by a qualified accountant should be prepared for presentation at its annual general meeting.

Consultation and representation

6.  The applicant must be able to demonstrate to the landlord its commitment to representing the interests of its members and its ability to represent the views of its members who are tenants of the landlord with whom it is seeking to register.