Schedule 2: The Delivery Authority
Board of directors
- Paragraph 1 makes provision concerning the Board of the Delivery Authority (the "DA Board"), its constitution, the appointment of its members, and the status of the Delivery Authority’s executive directors. There must always be a majority of non-executive directors on the DA Board.
The chair and non-executive directors: term of office
- Paragraph 2 provides that the chair and non-executive directors of the DA Board must be appointed for fixed terms of not more than three years.
Removal
- Paragraph 3 provides that the Sponsor Body may remove the chair of the DA Board by notice in writing, with the House Commissions’ prior agreement. The Delivery Authority may remove any other director of the DA Board by notice in writing, with the Sponsor Body’s prior agreement.
- Paragraph 4 provides for the circumstances in which a person would cease to be a director of the Delivery Authority.
Validity of acts
- Paragraph 5 makes it clear that any act of the Delivery Authority is not invalidated by vacancies on the DA board or a defective appointment.
Staff
- Paragraph 6 provides that the Delivery Authority may employ staff on such terms as it may determine, including as to remuneration and allowances.
Statement of required resources
- Paragraph 7 requires the Delivery Authority to prepare and submit to the Sponsor Body a statement of the resources it needs to carry out its functions for each financial year. Paragraph 8 allows the Delivery Authority to prepare a supplementary statement of resources for a financial year where there is a change in the resources it requires (whether that be additional resources or reduced resources). The Sponsor Body may approve or reject the Delivery Authority’s statement of resources or supplementary statement of resources. If the Delivery Authority’s statement of resources or supplementary statement of resources is rejected by the Sponsor Body, the Delivery Authority must prepare a fresh statement. If and when such a statement is approved, the Sponsor Body must include it in its estimate or supplementary estimate for the relevant financial year.
Accounts and audit
- Paragraph 9 requires that the Delivery Authority must keep proper accounts and records. The Sponsor Body will appoint one of the Delivery Authority’s executive directors as the Delivery Authority’s accounting officer, in consultation with the Delivery Authority. For each financial year, the Delivery Authority must prepare a statement of accounts, a copy of which must be sent to the Comptroller and Auditor General, who will examine, certify and report on them. The Sponsor Body must lay a copy of the certified statement and report before Parliament. The Delivery Authority is exempt from the requirements of Part 16 of the Companies Act 2006.
- Paragraph 10 provides that in the event that its appointed accounting officer cannot perform this function, the Delivery Authority must nominate a member of its staff to be its accounting officer. If there is no accounting officer, the Delivery Authority must nominate one of its executive directors to be its accounting officer.
Freedom of information
- Paragraph 11 provides that the Delivery Authority is to be treated as a public authority for the purposes of the Freedom of Information Act 2000. This means that the Delivery Authority will have to introduce a publication scheme explaining how it intends to handle information in its possession, as well as being obliged to consider requests for information in accordance with the provisions of that Act.
