Procurement Act 2023
Are you aware of this legislation which comes into force from October 2024?
If you weren’t don’t worry as it’s very unlikely to apply to most TMOs. So why are we posting about it?
Well, simply put, it’s because one of our Members has been “instructed” by the landlord of their homes to update their procurement policy to include reference to it. So we thought it’s as well to be prepared if your TMO is approached for similar reasons.
The main question you’ll need to answer is – are you covered by the Public Contract Regulations (2015)?
If the landlord of your homes has never raised the need to comply with these regulations then the likelihood is that you aren’t. In which case the Procurement Act won’t apply to you either. It’s not retroactive and the guidance states that
“Entities that were contracting authorities under the previous legislation should still be contracting authorities (unless their status has changed, for example because their funding has changed from mainly public to mainly private sector or they are now operating commercially, whereas previously they were not). Similarly, entities that were not caught by the definition in the previous legislation should not be caught by the new definition, unless their circumstances have changed. There is no intention to try and catch new entities, or to exclude entities that were covered previously – the aim is for a consistent effect, ensuring a smooth transition from the previous legislation to the new.”
There is also the current definition requirements (see link below). Either 12(a) or 12(b) must apply as well as 13 – do you operate commercially?
Guidance_-_Contracting_Authority_Definition (3)
Regulation
As part of some recent research to learn more about our membership, the NFTMO has been tried to establish the legal format of each TMO (e.g. a Registered Society, a Limited Company or a Community Interest Company (CIC)). All of this information is freely available via the sector regulators, the Financial Conduct Authority (FCA) for registered societies and Companies House for Limited Companies and CICs.
In undertaking this research we’ve noticed that there are a number of TMOs where returns haven’t been submitted for some years. By not submitting your annual return you risk being struck off or deregistered. If this happens your company will no longer legally exist and your management agreement with the Council automatically ends as one of the parties no longer exists.
Companies House are usually much quicker off the mark to do this and we’ve seen one TMO being threatened with being struck off for not having submitted their return and accounts for 2022/23.
The FCA generally take much longer to do this but a failure to complete a return in one year may quickly develop into 2 or 3 years and then it can become forgotten about altogether. There are a number of examples where the FCA website shows a return hasn’t been submitted for 4, 5 or even 6 years or more. Don’t let this happen to your TMO!
It is the responsibility of every TMO to ensure that their annual returns are submitted to the appropriate regulator. This remains the case even if you have delegated it to your accountant/auditor. It’s up to you to make sure that they have done so.
If you have received an email from NFTMO advising you that we’ve noticed that your return is late please act now.
TMO Vacancies
We may not have the circulation of other recruitment websites but, if you are looking to advertise a post within your TMO, we’re happy to publicise this free of charge.
Just email us with the advert, job description and personal specification and we’ll put it up for you.
If possible send a high resolution copy of your logo (or photos of your block/estate to make it look a little more interesting.
TMO Chief Officer Required
Chief Officer – Dovecotes Tenant Management Organisation
Grade: £50,000 – £60,000
Responsible to: Dovecotes TMO Board
Location: Dovecotes Estate, Pendeford, Wolverhampton
This role provides a great opportunity for a motivated and experienced housing professional to gain experience as a Chief Officer responsible for both the strategic direction of the TMO and its operational service delivery.
You will need substantial experience of managing and delivering housing management and maintenance services.
You will provide excellent assistance to your team and be willing to support with operational issues as an involved and supportive leader and natural team player.
You will be skilled in forging positive relationships with board members, and in supporting and guiding the board to exercise effective governance. We believe in constantly seek ways to improve all areas of the business.
You will be developing relationships with partners including the Voluntary and Community Sector, with an eye to identify suitable services, support and housing for residents on Dovecotes estate. You will need to put residents at the centre of service delivery, provide great customer service and ensure there is a culture of reflecting best practice and what works best.
You can expect to use your influence to shape services and make a significant impact at local level in partnership with residents, stakeholders and the City of Wolverhampton Council.
We aim to achieve excellence in the provision of our services and as an equal opportunities employer.
Please sent your CV by email: [email protected]
further information please contact Ann Webb, Chairperson [email protected]
Closing date Friday 21st June 2024
About us
Dovecotes TMO is a vibrant Tenant Management Organisation. We were established in 2006 after a successful ballot of the tenants of the estate and have had two successful continuation ballots since. We have been managing the council housing in this area of Pendeford for 18 successful years.
Dovecotes TMO is situated on the Pendeford estate to the north of the city centre on the border of Wolverhampton and South Staffordshire. There are 1473 properties on the estate. We manage 748 well maintained modern council dwellings built in late 70’s, mainly 2-, 3- or 4-bedroom houses, low rise flats, maisonettes, and a few bungalows from our local estate office in Ryefield, Pendeford WV8 1UD.
Dovecotes TMO is a Company Limited by Guarantee, it has no shares only members who can join, vote, and stand for election as board members. The board comprise of seven tenant and two owner occupier representatives. This is a company owned by its members, the tenants of the estate. It is not for profit organisation.
We are looking for an experienced and suitably qualified individual who brings a passion for working with residents, engaging with the community, and forging new partnerships.
Dovecotes Chief Officer – Role and Responsibilities
