Housing and Regeneration Act 2008

Constitution

81 Establishment

(1) There shall be a body corporate to be known as the Office for Tenants and Social Landlords.

(2) The Office—

(a) may be referred to in an enactment or other instrument as “the Regulator of Social Housing”, and

(b) is referred to in this Part as “the regulator”.

(3) The Office (and any member of the Office)—

(a) is not the servant or agent of the Crown, and

(b) does not share any immunity or privilege of the Crown.

82 Membership

(1) The regulator shall consist of—

(a) a person appointed by the Secretary of State as chair,

(b) neither less than 3 nor more than 10 other members appointed by the Secretary of State, and

(c) the chief executive appointed under section 84.

(2) The Secretary of State must consult the chair before appointing other members.

(3) The Secretary of State may appoint a person under subsection (1) only if satisfied that the person has no financial or other personal interest in the performance of functions.

(4) Former membership of the Housing Corporation is not a bar to appointment.

(5) In this Part “appointed member” means—

(a) the chair, or

(b) a member appointed under subsection (1)(b).

(6) A vacancy for, or a defect in the appointment of, the chair, the chief executive or another member does not prevent or invalidate proceedings.

83 Tenure

(1) An appointed member holds and vacates office in accordance with the terms of appointment (subject to this section).

(2) A period of appointment may not exceed 5 years (but a member may be reappointed).

(3) An appointed member may resign by notice to the Secretary of State.

(4) The Secretary of State may dismiss an appointed member if satisfied that any of the following cases applies—

(a) Case 1 is where a member has been absent from meetings of the regulator for a period of more than 6 months without its permission.

(b) Case 2 is where a member is subject to—

(i) a bankruptcy restrictions order, or

(ii) an interim bankruptcy restrictions order.

(c) Case 3 is where—

(i) a member’s estate has been sequestrated by a court in Scotland, or

(ii) under the law of Scotland, a member has made a composition or arrangement with, or granted a trust deed for, creditors.

(d) Case 4 is where a member has a financial or other personal interest which is likely to influence the performance of functions.

(e) Case 5 is where a member has misbehaved or is for any other reason unable, unsuitable or unwilling to perform functions.

84 Chief executive

(1) The regulator shall appoint a chief executive.

(2) The regulator may appoint a person only if approved by the Secretary of State.

(3) The first chief executive shall be appointed by the Secretary of State, having consulted the chair.

85 Other staff

The regulator may appoint employees (in addition to the chief executive).