The Housing (Right to Manage) (England) Regulations 2008

Appointment of approved assessor to assess competence of TMO

14.—(1) Where an authority has accepted a proposal notice, the TMO must within 3 months of the acceptance date, apply to the approved assessor service to appoint an approved assessor to report on the competence of the TMO to exercise the management functions set out in the feasibility study.

(2) The authority must arrange for the approved assessor to carry out the report.

(3) The report described in paragraph (1) must—

(a) state whether or not the approved assessor concludes that the TMO is competent; and

(b) if the approved assessor concludes that the TMO is not competent, suggest the action he believes the authority and the TMO should take to ensure that the TMO becomes competent.

(4) The approved assessor must, within 15 months of the acceptance date, complete the report and provide it to the authority and the TMO.

(5) The authority and the TMO must—

(a) Use all reasonable efforts to take the action suggested by the approved assessor in accordance with paragraph (3)(b); and

(b) jointly agree an action plan to enable them to do so.

(6) The authority must notify the approved assessor within 7 days of the action being completed.

(7) The approved assessor must within 35 days of receipt of the authority’s notification under paragraph (6) reassess whether or not the TMO is competent and notify the authority and TMO of his conclusion.

(8) The proposal notice is deemed to be withdrawn—

(a) if a TMO and authority fail to comply with the requirements of this regulation; or

(b) if the approved assessor concludes under paragraph (7) that the TMO is not competent.