Housing (Miscellaneous Provisions) Act 2009
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Delegation of management and control functions. |
30.— (1) Subject to such regulations as may be made for the purposes of this section, a housing authority may delegate to a designated body all or any one or more of its functions (including maintenance) in respect of the management and control of a dwelling of which it is the owner. | |
(2) A delegation by a housing authority under subsection (1) shall specify— | ||
(a) the designated body for the purposes of the delegation, | ||
(b) the functions being delegated to the designated body, and | ||
(c) the dwellings to which the delegation applies. | ||
(3) Without prejudice to the generality of subsection (2), the Minister may make regulations providing for, but not necessarily limited to, all or any one or more of the following: | ||
(a) the constitution and composition of a designated body; | ||
(b) the procedures of a designated body; | ||
(c) the terms and conditions of a delegation; | ||
(d) the form of an agreement between a housing authority and a designated body in relation to a delegation; | ||
(e) the class or classes of dwellings in respect of which a delegation may be made; | ||
(f) the monitoring by a housing authority of activities being carried out by a designated body under a delegation, including the inspection by the authority of dwellings; | ||
(g) the provision by a designated body of periodic reports and accounts on its activities to a housing authority; | ||
(h) the auditing of the annual accounts of a designated body. | ||
(4) A housing authority may, at its discretion, revoke a delegation under this section whereupon the functions which had been delegated shall again be vested in and exercised by the authority with effect from a date specified in the resolution revoking the delegation. | ||
(5) The delegation of a function to a designated body or the revocation of any such delegation under this section shall be reserved functions. | ||
(6) A delegation under subsection (1) may provide for all or any of the following: | ||
(a) arrangements in relation to the carrying out of works of maintenance, repair or environmental improvement or ancillary works; | ||
(b) the collection of rent or any other charges due to the housing authority from a tenant, in accordance with a rent scheme under section 31 ; | ||
(c) the assignment of all or any part of the proceeds of such rent or other charges to the designated body to defray in whole or in part the costs of management and maintenance of a dwelling and common areas appurtenant to such dwelling; | ||
(d) the right of the housing authority to inspect any book, document or other record (including records stored in a non-legible form) of the designated body in relation to the management and control of a dwelling; | ||
(e) assistance by the housing authority to the designated body whether financial or otherwise; | ||
(f) any other related or incidental matter which the housing authority considers appropriate, including matters set out in the relevant housing services plan relating to the policy on management and maintenance of dwellings owned by the housing authority. | ||
(7) For the purposes of this section “ designated body ” means an association, council, committee or other body whether corporate or unincorporated which is— | ||
(a) (i) established by and represents residents of an area within which are located dwellings that are to be the subject of a delegation under this section, or | ||
(ii) established jointly by such residents and the housing authority and any other person or body (whether corporate or unincorporated) approved of by the authority, | ||
and | ||
(b) declared by the authority by resolution to be a designated body for the purposes of this section. |