Eligibility

Eligibility to stand in elections to the RCT Homes Board and Members’ Forum 

There are some restrictions on who can stand for election to the RCT Homes Board and Members’ Forum.  For further advice about who is eligible to stand in the elections, please contact the RCT Homes Tenant Empowerment Team on FREEPHONE 0800 085 3633. 

Restrictions 

No tenant may become or remain a member of the RCT Homes Board or Members’ Forum if:  

  • they are not a Member of RCT Homes, or

  • they have been convicted of an indictable offence (court conviction) within the last five years, or

  • they have been removed from the board of management of another registered social landlord at the instigation of the Regulator in Wales or the Regulator of registered social landlords in England or Scotland, or

  • they have failed to attend four consecutive meetings of the Board or Members’ Forum without special permission given by the Board or Members’ Forum as applicable, or

  • they have not fulfilled the requirements of the training policy which shall be set by the Board to ensure that all members of the Board and Members’ Forum deliver the highest possible levels of skill and competence in carrying out their duties, or

  • they have at any time failed to sign and deliver to the Board a statement in the form required by the Board confirming that they will meet their obligations to the Board or Members’ Forum and to RCT Homes, and any member of the Board or Members’ Forum who at any time ceases to qualify under this Rule shall immediately cease to be a member of the Board or Members’ Forum, or

  • they have at any time failed to sign and declare any conflict of interest under HfW Circular 17/96 - Paragraph 2 of Schedule 1 to the Housing Act 1996. Any member of the RCT Homes Board or Members’ Forum who at any time ceases to qualify under this Rule shall immediately cease to be a member of the RCT Homes Board or Members’ Forum, or

  • it is subsequently discovered that a conflict of interest has occurred under HfW Circular 17/96 - Paragraph 2 of Schedule 1 to the Housing Act 1996. Any member of the RCT Homes Board or Members’ Forum who at any time ceases to qualify under this Rule shall immediately cease to be a member of the RCT Homes Board or Members’ Forum.

In addition, no tenant may become or remain a member of the RCT Homes Board if: 

  • they are under 18 years of age,

  • they are bankrupt or subject to an agreement with their creditors.

Members’ Interests 

No member of the RCT Homes Board shall have any financial interest: 

  • personally, or

  • as a member of a firm, or

  • as a director or other officer of a business trading for profit, or

  • in any other way whatsoever,

in any contract or other transaction with RCT Homes, unless it is expressly permitted by these Rules. 

RCT Homes shall not pay or grant any benefit to anyone who is a member of the RCT Homes Board unless it is expressly permitted by these Rules or as permitted under Schedule 1 of the Housing Act 1996. The grant of a tenancy by RCT Homes to a Board Member as permitted by the Housing Act 1996 is not the grant of a benefit for the purposes of this Rule. 

Any member of the RCT Homes Board or Members’ Forum having an interest in any arrangement between RCT Homes and someone else shall disclose their interest before the matter is discussed by the RCT Homes Board or Members’ Forum. Unless it is expressly permitted by these Rules they shall not remain present in the meeting unless requested to do so by the RCT Homes Board or Members’ Forum, and they shall not have any vote on the matter in question.  Any decision of the RCT Homes Board or Members’ Forum shall not be invalid because of the subsequent discovery of an interest which should have been declared.(Tenant Board Members and members of the Members’ Forum shall not be deemed to have an interest for the purpose of this Rule in any decision if it affects all or a substantial group of tenants.) 

Every member of the RCT Homes Board or Members’ Forum shall ensure that the Secretary at all times has a list of all other bodies in which they have an interest as: 

  • a director or officer, or

  • a member of a firm, or

  • an official or elected member of any statutory body, or            

  • the owner or controller of more than 2% of a company the shares in which are publicly quoted or more than 10% of any other company, or

  • the occupier of any property owned or managed by RCT Homes, or

  • any other significant or material interest.

If requested by a majority of the Board or members of a committee at a meeting convened specially for the purpose, a member of the RCT Homes Board or Members’ Forum failing to disclose an interest as required by these Rules shall vacate their office either permanently or for a period of time. 

A member of the RCT Homes Board or Members’ Forum shall not be deemed to have an interest for the purpose of these Rules as a board member, director, or officer of any other body whose accounts are or ought to be consolidated with RCT Homes’ accounts. 

The RCT Homes may pay to a member of the RCT Homes Board or Members’ Forum:   

  • properly authorised expenses when actually incurred on RCT Homes’ business, or

  • insurance premiums in respect of insurance taken out to insure officers and employees against the cost of successful defence to a criminal prosecution brought against them as officers or against personal liability incurred in respect of any act or omission which is or is alleged to be a breach of trust or breach of duty, or

  • remuneration or other payments or benefits as approved by the Board from time to time to the extent permitted under Schedule 1 to the Housing Act 1996 for registered social landlords registered with the Regulator.

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Schedule 1 to the Housing Act 1996 

Schedule 1 to the Housing Act 1996 says that a registered social landlord like RCT Homes cannot make a payment or grant a benefit to anyone who has been a member of the Board at any time within the preceding twelve months or any close relative of any such person.  The prohibition also extends to any commercial organisation in which any of those persons has an interest whether in management or ownership terms. 

A ‘close relative’ will normally include a person’s spouse, parent, grandparent, child, grandchild (including illegitimate children and grandchildren), brother and sister and may include any relationship that is so close that there is a real risk that a decision to make a payment or to grant a benefit could be influenced by that relationship. 

What is a benefit? 

A benefit includes but is not confined to: 

  • the grant of a tenancy or licence.  RCT Homes may grant a tenancy or licence to a Board Member or close relative provided that the written consent of the Welsh Assembly Government has been obtained,
  • the grant of a lease such as a shared ownership lease or under a leasehold scheme for the elderly,
  • the sale of property, at any value. Sales to members of the Board or Members’ Forum under Right to Buy provisions are however not regarded as a benefit, as they are a statutory right,
  • the award of a contract of employment,
  • the award of any other type of commercial contract such as a building contract or contract for professional services, and
  • loans.

What does this mean in practice? 

Most importantly, this means that you cannot serve on the Board of RCT Homes if you or a close relative has a financial interest in any organisation that has a commercial relationship with RCT Homes or if a close relative is employed by RCT Homes.

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