The Housing (Right to Manage) (England) Regulations 2012

PART 3 DEVELOPMENT STAGE

Appointment of approved assessor to assess competence of TMO

13.—(1) Where an authority has accepted a proposal notice, the TMO must within 3 months of the acceptance date apply to the approved assessor service to appoint an approved assessor to report on the competence of the TMO to exercise the management functions set out in the proposal.

(2) The authority must arrange for the approved assessor to produce the report.

(3) The report described in paragraph (1) must—

(a) state whether or not the approved assessor concludes that the TMO is competent; and

(b) if the approved assessor concludes that the TMO is not competent, suggest the action the authority and the TMO should take to ensure that the TMO becomes competent.

(4) The approved assessor must, within 15 months of the acceptance date, complete the report and provide it to the authority and the TMO.

(5) The authority and the TMO must—

(a) use all reasonable efforts to take the action suggested by the approved assessor in accordance with paragraph (3)(b); and

(b) jointly agree an action plan to enable them to do so.

(6) The authority must notify the approved assessor within 7 days of the action being completed.

(7) The approved assessor must within 35 days of receipt of the authority’s notification under paragraph (6) reassess whether or not the TMO is competent and notify the authority and the TMO of his conclusion.

(8) The proposal notice is deemed to be withdrawn—

(a) if a TMO and authority fail to comply with the requirements of this regulation; or

(b) if the approved assessor concludes under paragraph (7) that the TMO is not competent.

Offer Notice

14.—(1) Within 15 months of the acceptance date, the TMO and the authority must jointly prepare an offer notice.

(2) The offer notice must contain a statement describing—

(a) the management functions the TMO propose to exercise;

(b) the funding or budget to be allocated by the authority to enable the TMO to exercise those functions;

(c) the financial accountability and control procedures which the authority and the TMO will have in place; and

(d) the management and governance arrangements of the TMO.

(3) In preparing the offer notice, the TMO and the authority must have regard to any guidance issued from time to time by the Secretary of State.

Offer to tenants

15.—(1) Where the approved assessor concludes under regulation 13 that the TMO is competent, the authority must within 3 months of receiving his conclusion, make to the tenants of each house identified in the proposal notice, an offer containing—

(a) the offer notice;

(b) the conclusion of the approved assessor; and

(c) information submitted by the TMO concerning the proposal.

(2) The authority must arrange for a ballot to be carried out within 3 months of making the offer, with a view to establishing whether the tenants referred to in paragraph (1) wish to accept the offer.

(3) The authority must within 14 days of carrying out the ballot notify the TMO of whether a majority of the tenants who voted and a majority of the secure tenants who voted—

(a) accepted the offer; or

(b) refused the offer.

(4) The proposal notice is deemed to be withdrawn where the offer is refused by—

(a) a majority of the tenants who voted in the ballot; or

(b) a majority of the secure tenants who voted in the ballot.