The Housing (Right to Manage) Regulations 1994

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing (Right to Manage) Regulations 1994 and shall come into force on 1st April 1994.

(2) In these Regulations—

“approved person” means a member of a panel of persons approved by the Secretary of State for the purpose of conducting initial or full feasibility studies under these Regulations, and the Secretary of State may approve a person to act in a specified area only;

“dwelling-house” has the same meaning as in section 112 of the Housing Act 1985;

“full feasibility study” means, in relation to a particular proposal for a management agreement, a study carried out by an approved person to determine—

(a)

whether it is reasonable to proceed with the agreement; and

(b)

if so, the terms on which the agreement should be entered into;

“initial feasibility study” means, in relation to a particular proposal for a management agreement, a study carried out by an approved person to determine whether it is reasonable to proceed with a full feasibility study;

“proposal notice” means a notice served by a tenant management organisation on a local housing authority which complies with regulation 2 (and, in relation to a particular proposal for a management agreement, references to a proposal notice refer to the notice containing that proposal);

“secure tenancy” has the same meaning as in section 79 of the Housing Act 1985;

“tenant” means a person who holds a secure tenancy or other tenancy of a dwelling-house from a local housing authority.

(3) For the purpose of these Regulations, two management agreements overlap when and to the extent that they contain provisions which relate to the exercise of the same management functions in relation to the same houses or land; and

• “overlapping provisions” shall be construed accordingly.

(4) For the purpose of the definition of “tenant management organisation”in section 27AB(8) of the Housing Act 1985, the conditions which a body must satisfy are that its constitution—

(a) specifies an area as being the area of the organisation in relation to which it may serve a proposal notice;

(b) provides that any tenant of a dwelling-house in relation to which the organisation could serve a proposal notice may become a member of the organisation;

(c) provides that in conducting its affairs the organisation shall avoid discrimination against any person on grounds of racial origin, gender, sexuality, disability or religion; and

(d) provides either that the affairs of the organisation shall be conducted by the members of the organisation at general meeting, or that they shall be conducted by a committee or board of directors elected by the members of the organisation.

(5) Where a matter is referred to an arbitrator under these Regulations, the arbitrator shall be chosen by agreement between the parties to the proposed arbitration, or, in default of agreement, appointed by the Secretary of State.

(6) Subject to paragraph (7), where any person is required or permitted to exercise any function under these Regulations within a specified period, the tenant management organisation and local housing authority concerned may by agreement in writing before the expiry of that period extend the period for a further specified period.

(7) Paragraph (6) shall not apply to the period specified in paragraph (16) of regulation 4.

(8) Any ballot held under these Regulations shall be organised so that the vote cast by any individual is kept secret.