SCHEDULETransfer of Functions from the HCA to the Regulator of Social Housing
PART 1Establishment of the Regulator of Social Housing
16
After section 92K insert—
Procedure etc.
Committees92L
1
The regulator may establish committees and sub-committees.
2
A committee or sub-committee may include non-members (provided that it includes at least one member).
3
The regulator may, with the consent of the Secretary of State, pay such remuneration and allowances as it thinks fit to any person who—
a
is a member of a committee or sub-committee, but
b
is not a member of the regulator.
Procedure92M
1
Subject to the provisions of this Part, the regulator may determine its own procedure and the procedure of any committee or sub-committee.
2
The regulator must make such arrangements as it thinks appropriate for publishing its procedure.
3
The validity of any proceedings is not affected by—
a
any vacancy of the chair, chief executive or any other member,
b
any defect in the appointment of the chair, chief executive or any other member, or
c
any contravention of section 92P (members’ interests).
4
In this section “procedure” includes quorum.
Conflict of interest92N
1
The regulator’s procedure under section 92M must include arrangements for dealing with any conflict of interest of—
a
members,
b
members of staff, or
c
members of committees or sub-committees.
2
The procedure must oblige a person—
a
to declare any financial or other personal interest relevant to the exercise of a function of the regulator, and
b
to withdraw from the performance of that function unless the regulator directs otherwise, being satisfied that the interest will not influence performance of the function.
Delegation92O
1
The regulator may delegate any of its functions to—
a
a committee,
b
a sub-committee,
c
a member, or
d
a member of staff.
2
A committee may further delegate to a sub-committee, a member of the regulator, or a member of staff.
Members’ interests92P
1
A member of the regulator who is directly or indirectly interested in any matter arising at a meeting of the regulator must disclose the nature of that interest to the meeting.
2
A member of a committee or sub-committee of the regulator who is directly or indirectly interested in any matter arising at a meeting of the committee or sub-committee must disclosure the nature of that interest to the meeting.
3
Where a member has disclosed an interest within subsection (1) or (2)—
a
that member must not take part in any deliberation or decision about the matter if it is a contract or agreement of any description, but
b
may otherwise take part in any deliberation or decision about the matter unless at least one-third of the other members at the meeting decide that the interests disclosed might prejudicially affect the member’s consideration of the matter.
4
The regulator must prepare and keep up to date a register of members’ interests of the interests disclosed under subsection (1) or (2).
5
The register required by subsection (4) must include the interests of—
a
the members of the regulator, and
b
all members of committees or sub-committees whether or not falling within paragraph (a).
Seal92Q
1
The application of the regulator’s seal must be authenticated by a member of the regulator or by some other person authorised (generally or specially) by the regulator for that purpose.
2
A document purporting to be duly executed under the seal—
a
is to be received in evidence, and
b
is to be treated as so executed unless the contrary is shown.