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27 2004

Residential Tenancies Act 2004

Chapter 3

Meetings and committees

Meetings of Board.

156. —(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The Minister shall fix the date, time and place of the first meeting of the Board and the Board shall fix the date, time and place of subsequent meetings.

(3) The quorum for a meeting of the Board shall be 5.

(4) At a meeting of the Board the chairperson of the Board shall, if present, chair the meeting and if not present, or if the office of chairperson is vacant, the members of the Board present at the meeting shall choose one of their number to chair the meeting.

(5) At a meeting of the Board each person present, including the chairperson, shall have a vote and any question on which a vote is required so as to establish the Board's position on a matter shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second and casting vote.

(6) The Board may act notwithstanding one or more vacancies among its members (but this subsection is without prejudice to subsection (3)).

(7) Subject to the provisions of this Act, the Board may regulate its own procedures and business.

Committees of Board.

157. —(1) The Board may establish committees consisting in whole or in part of persons who are members of the Board—

(a) to assist and advise the Board on matters relating to any of its functions or on such matters as the Board may from time to time determine, or

(b) to perform such functions of the Board as may be delegated by it from time to time.

(2) Without prejudice to the generality of subsection (1), the Board shall establish a committee which shall be known and is in this Act referred to as the “Dispute Resolution Committee”.

(3) The Board, when appointing a member of a committee, shall—

(a) have regard to the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee,

(b) have regard to the desirability of such balance between the numbers of each sex on the committee as is appropriate and determined from time to time,

(c) fix the member's period of membership (which, in the case of a member of the Dispute Resolution Committee, shall not be less than a period of 3 years),

(d) fix the terms of his or her membership.

(4) The members of a committee may be paid by the Board such fees as the Board may determine, subject to the consent of the Minister and the Minister for Finance.

Supplemental provisions as to committees of Board.

158. —(1) In this section “committee” means a committee established under section 157 .

(2) A member of a committee may be removed by the Board at any time for stated reasons.

(3) The acts of a committee and the performance by a committee of functions delegated to it under section 157 shall be subject to confirmation by the Board, unless the Board otherwise determines.

(4) The Board may, subject to this Act, determine the terms of reference and regulate, by standing orders or otherwise, the procedures and business of a committee including the filling of casual vacancies but, subject to any such regulation, a committee may regulate its own procedures.

(5) A committee shall appoint, from time to time, a chairperson from among its members.

(6) The Board may at any time dissolve a committee.

(7) A committee shall provide the Board with such information as the Board may from time to time require, in respect of its activities and operation, for the purposes of the performance of the functions of the Board.

(8) Subsections (4) to (6) do not apply to the Dispute Resolution Committee.

Dispute Resolution Committee.

159. —(1) There shall be delegated to the Dispute Resolution Committee by the Board such of the functions of the Board under Part 6 (except those under sections 109, 121 and 124) as the Board determines; functions under that Part may not be delegated to any other committee established under section 157 .

(2) The Dispute Resolution Committee shall consist of not more than 40 members, of which at least 4 must be members of the Board (including the member of the Board appointed as chairperson of the Dispute Resolution Committee).

(3) A member of the Board shall not be eligible for appointment as a member of the Dispute Resolution Committee unless the unexpired period of his or her term of office as a member of the Board is 3 or more years at the date of his or her appointment as a member of the Committee.

(4) The members of the Dispute Resolution Committee shall be appointed by the Board after consultation with the Minister.

(5) The Board, after consultation with the Minister, shall appoint a member of the Dispute Resolution Committee as chairperson of the Committee; that member must be a person who is also a member of the Board.

(6) The Dispute Resolution Committee shall adopt, subject to the approval of the Board and the Minister, rules and procedures for the conduct of its meetings and the performance of its functions generally.

(7) A member of staff of the Board shall act as secretary to the Dispute Resolution Committee.