Governance Guide - Article 31(6) of the Housing (Northern Ireland) Order 1992 Determination 2015

Preamble

(1) The Department, in exercise of the powers conferred on it by Article 31 (6) of the Housing (Northern Ireland) Order 1992 and after consultation with such bodies as the Northern Ireland Federation of Housing Associations, the Charity Commission for Northern Ireland and representatives of the housing associations, hereby makes the following Determination with respect of the class of payment which may be granted to Board (Committee) members by an association.

(2) This determination specifies the class of payment which may be granted provided that:

(a) Such payment can be granted within the objects and powers as set out in the association’s registered rules;

(b) No person receiving a payment granted under this Determination is given any priority, beneficial treatment or beneficial terms because of any connection with the association or any of its employees, former employees, board (committee) members, former board (committee) members, or close relatives of such persons;

(c) Any decision taken to make payment under this Determination shall not be taken by the association until written approval from the Department is received by the association and not until such times as the association has satisfied itself that it has fully complied with all current guidance issued by the Charity Commission for Northern Ireland;

(d) Any decision taken as to whether or not to make a payment under this Determination is taken by the association’s Board (Committee) of Management or a sub-committee of board (committee) members with delegated authority, any board (committee) member with an interest having declared the fact and having left the meeting during discussion of the case;

(e) All decisions taken under this Determination are recorded as such, with the date and summary details of payments made, in the minutes of the board (committee) meeting, and in a separate register kept for the purpose that is available for public inspection at the head office of the association at all reasonable times.

The Department, in exercise of the powers conferred on it by Article 31(6) of the Housing (Northern Ireland) Order 1992 [1] hereby makes the following Determination:

Citation and Commencement

This Determination may be cited as the Registered Housing Association Payment and Grant of Benefits (Northern Ireland) Determination 2015 and shall come into operation on 22 October 2015.

Interpretation

In this Determination -

“the 1992 Order” means the Housing (Northern Ireland) Order 1992;

“association” means a housing association as defined in Article 3 of the 1992 Order which is registered by the Department under Article 16 of that Order;

“the Department” means the Department for Communities;

“committee” has the same meaning as in section 101(1) of the Industrial and Provident Societies Act (Northern Ireland) 1969 [2].

Payment specified for the purposes of Article 31(5)(f) of the 1992 Order

(3) The following class of case is specified for the purposes of Article 31(5)(f) of the 1992 Order:-

(a) payments of remuneration to a Committee member which have been approved by the Department.

Footnote:

[1] S. I. 1992/1725 (N.I. 15)

[2] 1969 C.4