Governance Guide - Article 31(6) of the Housing (Northern Ireland) Order 1992 Determination 1994

This section outlines the specified classes of payment or benefit that are permitted under the order.

Preamble

(1) The Department of the Environment for Northern Ireland, 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 appear to the Department to be representative of Associations, hereby makes the following Determination with respect to the class or classes of payments which may be made or benefits which may be granted by a Association to its committee members, employees and their close relatives.
(2) This Determination specifies 2 classes of payments and benefits which may be made or granted provided that:
(a) Such payment can be made or benefit granted within the objects and powers as set out in the associations registered rules;
(b) No person receiving any payment made or benefit 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, committee members, former committee members, or close relatives of such persons;
(c) Any decision taken as to whether or not to make a payment or grant a benefit under this Determination is taken by the association's Committee of Management or a sub-committee of committee members with delegated authority any committee member with an interest having declared the fact and having left the meeting during discussion of the case; and
(d) All decisions taken under this Determination are recorded as such, with the date and summary details of payments made or benefits granted, in the minutes of the committee meeting, and in a separate register kept for the purpose that is to be available for public inspection at the head office of the association at all reasonable times.

Citation and Commencement

This Determination may be cited as the Article 31(6) Housing (Northern Ireland) Order 1992 Determination 1994 and has effect from 1 July 1994.

Interpretation

In this Determination:
(1) "Association" means a "registered housing association" as defined in Article 3 of the Housing (Northern Ireland) Order 1992; and
(2) "Committee" has the same meaning as in Section 101 of the Industrial and Provident Societies Act 1969.

The Specified Classes of Payments or Benefits

(1) An association may, after following a full and fair process for competitive recruitment and selection in accordance with the principles of equal opportunities and following established good practice, grant a contract of employment and make payments thereunder to a person within sub-paragraph (2) or sub-paragraph (3).

(2) 1st Exemption: Employment of employees' relatives
The benefit referred to in sub-paragraph (1) may be granted to a person who is the close relative of a person who is, or was at any time in the preceding 12 months, an employee of the association, provided that the employee or former employee of the association has or had no involvement in or influence over the process by which the association conducts its recruitment and selection for the post in question.

(3) 2nd Exemption: Re-employment of former employees
The benefit referred to in sub-paragraph (1) may be granted to a person who was at any time in the preceding 12 months an employee of the association.