Presentation is loading. Please wait.

Presentation is loading. Please wait.

A real ALMO – How brave are we? Ian Doolittle Presentation 19 September 2014.

Similar presentations


Presentation on theme: "A real ALMO – How brave are we? Ian Doolittle Presentation 19 September 2014."— Presentation transcript:

1 A real ALMO – How brave are we? Ian Doolittle Presentation 19 September 2014

2 A real ALMO – the context ●The current model – or models ●Closures and shorter “arms” ●Political and/or financial drivers ●The new ALMOs ●Generating confidence – for Members and Officers

3 A real ALMO – covering? ●A full housing management service ●Asset (and debt?) management ●New build ●General Fund(ed) housing work ●Non-HRA and privately owned properties ●And?

4 A real ALMO – legal principles ●Making sure that the object/powers are broad enough ●Impact on current constitutions ●Section 27 consent/section 105 consultation issues? ●Flexibility/safeguards in the revised Management Agreement and/or specification ●Third party concerns about termination/closure

5 A real ALMO – working with third parties ●Letting as well as administering contracts ●DLOs and support teams ●Current VAT arrangements – section 33 of the 1994 Act ●“Transferring” any existing contracts ●Recovering contractors’ VAT – is this VAT in the “hands” of the Council?

6 A real ALMO – what decision/roles remain? ●Section 151 Officer powers ●HRA management – the ring fence ●Rent setting – as opposed to rent collection ●Housing allocation and homelessness – contracting-out Order (but NB Welwyn Hatfield ALMO case)

7 A real ALMO – structuring of the company ●Not a CLG (as now)? ●Benefits of a company limited by shares (CLS) – commercial flexibility ●Council as sole shareholder ●Council’s powers to appoint/remove board members (and “direct”) ●Not a (traditional) ALMO subsidiary? ●“Representativeness” – worth re-examining?

8 A real ALMO – other legal considerations ●‘Teckal’ compliance ●Council powers – section 1 of the 2011 Act (general power of competence) ●A commercial purpose? ●Non-trading status ●LGPS scheduled body ●“On balance sheet” the Council

9 A real ALMO – implications for new build ●Non-charitable CLS – not a registered provider ●Consequences for General Consents to dispose/ support ●Otherwise the same “rules” as applied to conventional ALMO new build “vehicles”?

10 A real ALMO – how brave need we be? ●The current ALMO model – conventions only ●No Government “rules” any more? ●Ring fencing for housing management (HRA) service but otherwise…. ●Building a joined-up service delivery vehicle? ●Linkages between housing and other services ●Generating income/improving service delivery

11 © Trowers & Hamlins LLP 2014 Trowers & Hamlins LLP is a limited liability partnership registered in England and Wales with registered number OC 337852 whose registered office is at 3 Bunhill Row, London EC1Y 8YZ. Trowers & Hamlins LLP is authorised and regulated by the Solicitors Regulation Authority. The word “partner” is used to refer to a member of Trowers & Hamlins LLP or an employee or consultant with equivalent standing and qualifications or an individual with equivalent status in one of Trowers & Hamlins LLP’s affiliated undertakings. A list of the members of Trowers & Hamlins LLP together with those non-members who are designated as partners is open to inspection at the registered office. Trowers & Hamlins LLP has taken all reasonable precautions to ensure that information contained in this document is accurate, but stresses that the content is not intended to be legally comprehensive. Trowers & Hamlins LLP recommends that no action be taken on matters covered in this document without taking full legal advice. (c) Copyright Trowers & Hamlins – September 2014 – All Rights Reserved. This document remains the property of Trowers & Hamlins LLP. No part of this document may be reproduced in any format without the express written consent of Trowers & Hamlins LLP. Ian Doolittle Partner d +44 (0)20 7423 8415 e idoolittle@trowers.com SUPP: 1711987.1 Any questions? Contact


Download ppt "A real ALMO – How brave are we? Ian Doolittle Presentation 19 September 2014."

Similar presentations


Ads by Google