Appointment to the Post of Legal Adviser - A248 - Co-Ownership

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Appointment to the Post of Legal Adviser
                                            A248

                                    January 2021

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Contents

Introduction: ..................................................................................................................................3
   About Northern Ireland Co-Ownership Housing Association Limited: .....................................3
   Summary overview of the companies and services provided: .................................................4
   Current and Future Priorities:....................................................................................................5
   Legal team .................................................................................................................................6
Job Description: ............................................................................................................................7
Person Specification: ..................................................................................................................12
Co-Ownership’s Key Competencies:.......................................................................................... 14
Remuneration: ............................................................................................................................15
The Selection Process: ...............................................................................................................16
   Shortlisting: ..............................................................................................................................16
   Interviews: ...............................................................................................................................16
   Appointment: ...........................................................................................................................16
   Proposed dates for this recruitment: ....................................................................................... 17
Further information/Queries: .......................................................................................................17
Equal Opportunities Monitoring Form:........................................................................................ 17
Other Information: .......................................................................................................................17
Return of Application Forms: ......................................................................................................18

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Introduction:
Applications are invited for the post of Legal Adviser with Northern Ireland Co-
Ownership.

Established in 1978 and working with our partners in government, we have
transformed affordable housing across Northern Ireland. Our vision is to use our
expertise in affordable home ownership solutions to provide as many eligible
households as we can with an opportunity to own their own home. Our mission is to
build on the 29,000 affordable homes we have already provided through Co-
Ownership and also develop new and innovative products in response to the changing
demands within the market as a result of economic changes.

Further details of the job description are provided later in this briefing document. We
very much look forward to receiving your application and learning how you see
yourself contributing to our organisation.

About Northern Ireland Co-Ownership Housing Association Limited:
Co-Ownership (trading name of Northern Ireland Co-Ownership Association Limited) is
Northern Ireland’s regional body for shared ownership and the organisation that runs
the Co-Ownership Scheme. Over the past 40 years we have helped more than 29,000
households in Northern Ireland to purchase the homes of their choice through shared
ownership. Our Mission, Vision and values of Co-Ownership:

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Summary overview of the companies and services provided:
About Co-Ownership:

  •   Trading name of Northern Ireland Co-Ownership Association Limited.

  •   Registered Housing Association, R33.

  •   Industrial and Provident Society, IP200.

  •   Regulated by the Department for Communities.

  •   Registered charity in Northern Ireland, Charity Registration Number:
      NIC101435.

  •   Classified as a public body for many purposes, including equality.

  •   Set up to operate the Co-Ownership equity sharing scheme, exclusive to
      Northern Ireland.

About Co-Ownership:

  •   Launched in 1978.

  •   A DIYSO (Do-It-Yourself) form of shared ownership where purchasers identify
      the starter home of their choice on the open market and apply to Co-
      Ownership, which then purchases the property on their behalf.

  •   Properties and purchasers must qualify.

  •   Co-Owners are not tenants; their stake in the property is held under an equity
      sharing lease arrangement with the opportunity to own the property outright at a
      later stage.

  •   Entry is at an equity level determined by Co-Ownership (based on purchaser
      affordability) between 50% and 90% of the property’s value. There are a
      number of lenders that will provide mortgage for Co-Ownership purchases. A
      monthly rent is payable to Co-Ownership on the unowned equity value.

  •   29,000 properties have been purchased to date through Co-Ownership. Over
      9,000 of these properties are currently still held on a co-ownership
      arrangement.

  •   The property acquisition programme flexes with available funding and is
      currently planned at a minimum of 1000 additional homes per year for each of
      the next 3 years.

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About OwnCo Homes:

   •   (Wholly owned private subsidiary of Co-Ownership).

   •   Company registered in Northern Ireland with company number NI619748.

   •   Works on not-for-profit principles.

   •   Funded by interest-free loans from government.

   •   Launch funding: £12.5m.

   •   Set up to operate the Rent to Own scheme, exclusive to Northern Ireland.

   •   Registered as a landlord under the Landlord Registration Scheme.

About Rent to Own:

   •   Launched in 2016.

   •   An affordable housing initiative for Northern Ireland to help renters become
       home owners, it’s a fixed term rental commitment with an opportunity for home
       ownership.

   •   Properties and tenants must qualify.

Current and Future Priorities:

This is a challenging and exciting time in the organisation’s history as it is actively
engaged in an on-going period of transformational change.

The current 3-year strategy, just in place, includes an organisational ‘Delivering
Change Programme’ as one of its 4 principal objectives. Programme highlights
include:

          • Rolling out the recently launched Rent to Own product through
            subsidiary OwnCo Homes.

          • Developing and introducing additional new and innovative affordable
            housing products to complement the Co-Ownership model.

          •   Developing mutually advantageous business partnerships with other
              housing providers to support product and services diversification.

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• Redesigning business processes, roles and IT systems, digital by
            default.

          • Focusing on value for money and customer needs/wants to deliver a new
            responsive, streamlined and efficient service.

Co-Ownership currently employs 60 staff, has a rental income of £12.4m and a net
worth of £100m.

To find out more about Co-Ownership visit co-ownership.org

Legal team

The legal team has responsibility for providing a high standard of legal services and
advice to Co-Ownership and its subsidiaries. The legal team provides practical legal
support to all functions in the organisation working collaboratively to achieve effective
business solutions.

This role sits within the Legal team and reports directly to the Senior Legal Adviser.
There is a Legal Secretary who provide administrative support to the Advisers to ensure
the effective running of the Legal Department.

This is an exciting time to join the legal team with the recent introduction of our
solicitor portal, a new equity sharing lease and as we look forward to ways in which we
can improve our performance through new methods of working.

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Job Description:

Job Title          Legal Adviser

Reports To         Senior Legal Adviser

Job Summary        The post holder will be responsible for providing a high standard of
                   legal services and advice to Co-Ownership and its subsidiaries and
                   supporting the delivery of objectives and the management of risk.

                   •   Provision of legal advice and oversight of the purchase and sale
Key Functions          of properties.

                   •   Conduct legal reviews of existing and proposed new products
                       and services.

                   •   Provide legal advice on all housing management and/or litigation
                       issues, including boundary issues, disputes, probate, forfeiture
                       and enforcement.
                   •   Assist the Senior Legal Adviser to provide advice on the
                       organisation’s rules, structures, charity law, data protection,
                       company law, housing law including regulatory issues, the law
                       of private tenancies, litigation and insolvency.

                   •   Assist the procurement and management of all external legal
                       services, to ensure services are necessary, that they are
                       delivered in a timely manner, to a high level of quality.

                   •   Maintain knowledge and skills through continued professional
                       development and keep updated with changes to the law in order
                       to assist advising the organisation.

                   •   Work collaboratively with other managers and staff in Co-
                       Ownership, to deliver an integrated approach to business
                       objectives.

Duties and         Conveyancing, Housing and Litigation
Responsibilities
                   1. Provide support to Customer Services in purchasing properties,
                      in equity buy-out cases and in stair-casing;

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2. Provide training to Customer Services’ staff to ensure they fully
            understand Co-Ownership’s procedures to acquire and sell a
            property and identify issues that should be referred to the legal
            department;

         3. Assist in maintenance of the Solicitor Portal and support staff
            and panel solicitors with use of the portal;

         4. Review, investigate and agree a course of action to resolve
            issues identified by panel solicitors during the conveyancing
            process;

         5. Investigate billing enquiries and advise the legal administration
            function how to proceed in difficult or unusual matters;

         6. Assist the Senior Legal Adviser to regularly review and amend
            as approved Co-ownership and Own-Co standard legal
            documentation, including the lease, the master mortgage
            agreements and other related documentation, to ensure they
            remain fit for purpose;

         7. Assist in the review and regularly update the Co-Ownership
            Solicitors Manual;

         8. Assist in the review of the legal fees paid to panel solicitors;

         9. Provide legal support to the Product Development team in the
            design and implementation of new products and services and the
            development of marketing materials;

         10. Where disputes arise, legal action is either threatened or
             required, or when forfeiture of the lease is being considered or
             to be actioned, then provide legal advice and instruct external
             legal advice as required;

         11. Develop legal agreements and documentation to record specific
             agreements made to resolve customers issues, including
             repayment plans and shortfall agreements;

         12. Assist in the management of the solicitors’ panel, including
             supervising their work, resolving issues and working to improve

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the efficiency of the service; keep under review the terms and
            conditions of appointment to the panel, amending when
            necessary;

         13. Assist in the review of the mechanism by which solicitors are
             appointed to the panel;

         14. Assist in drafting and reviewing policies and subsequent
             correspondence to customers and key stakeholders where
             necessary;

         15. Provide legal support to the Arrears team in the recovery of
             debts;

         Corporate

         16. Keep abreast of and assess the impact of changes to legislation,
             regulation and legal practice on the organisation and provide
             practical solutions to implement changes to documentation and
             processes;

         17. Assist in running tender invitations and advise on procurement
             law issues to include service level agreements when required;

         18. Assist with the Instruction, procurement and management of all
             external legal services, controlling the costs, quality and
             timeliness of the services with the use of key performance
             indicators;

         19. Provide legal advice on a wide range of corporate issues,
             including restructuring, charity legislation, fund raising, data
             protection, and HR;

         20. Review and negotiate commercial agreements, contracts and
             terms of business with external suppliers to protect the
             interests of the organisation;

         21. Provide practical legal support to all functions in the
             organisation, including dealing with any housing, probate, legal
             and financial issues, that may affect Co-ownership’s investment
             and reputation;

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22. Assist in writing responses to consultation documents issued by
                   government and others where there is a legal impact on the
                   organisation;

               23. Assist in the design, creation and implementation of new shared
                   ownership products. Design the necessary legal frameworks
                   and all associated contractual and legal documentation.

               24. Ensure effective and transparent two-way communication on
                   priorities, through regular diarised team meetings, one-on-one
                   meetings, appropriate email and regular interpersonal
                   communication;

               Other Activities

               25. Undertake all such other duties as may from time to time be
                   required and in such a way as to enhance and protect the
                   reputation and public profile of the Association.

                  Leadership

               26. Maintain and continuously develop professional knowledge and
                   competence across the function so it can be a leading source of
                   expertise and authoritative advice and ensure high professional
                   standards and sound decision taking practices are embedded;

               27. Assist in preparing and presenting accurate Management
                   Information reports to track progress towards achievement of
                   objectives;

               28. Co-ordinate, prioritise and delegate activities, monitor
                   workloads and outputs both in quantity and quality to ensure the
                   function operates efficiently, with adequate cover for absence
                   and leave;

               29. Ensure effective and transparent two-way communication on
                   priorities, through regular diarised team meetings, one-to-one
                   meetings, appropriate email and regular interpersonal
                   communication;

               General

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1. To operate according to Co-Ownership’s core values, mission
                      statement and Code of Conduct;

                   2. Work closely with other departments and across the
                      organisation to ensure consistent delivery of business
                      objectives;

                   3. To work in accordance within the provisions of Health and Safety
                      legislation and Co-Ownership’s Health and Safety Policies and
                      Procedures;

                   4. A commitment to equality and diversity and to encouraging the
                      involvement of all members of the community, particularly
                      vulnerable and hard to reach groups, in shaping service delivery;

                   5. To comply with, and actively support, all the organisation’s
                      policies and procedures, and in particular those relating to the
                      delivery of ICT services, information security and Data
                      Protection;

                   6. To adhere to existing working practices, procedures and
                      undertake relevant learning and development activities;

                   7. To respond positively to new and alternative systems and embed
                      a culture of change and continuous improvement;

                   8. Undertake such additional duties as are reasonably
                      commensurate with the level of the post.

Note: This is not a complete statement of all duties and responsibilities of this
post. The post-holder may be required to carry out other duties in keeping with
the nature of the post as directed by the Senior Legal Adviser.

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Person Specification:

                    Essential Criteria                                Desirable Criteria

  Qualifications          Recognised professional qualification
                           as a Solicitor entitling the post holder
                           to practice in Northern Ireland.
                          Current practising certificate from
                           the Law Society
                          Evidence of CPD as required by Law
                           Society
     Experience           3 - 5 years’ post qualification                  7 years’ post
                           experience in Northern Ireland in the             qualification
                           field of Residential Conveyancing law             experience in
                           and practice, civil and property                  Northern Ireland in
                           litigation and practice                           the field of
                                                                             Residential
                          Experience of current law and
                                                                             Conveyancing law
                           practice in: - Conveyancing;
                                                                             and practice
                           Mortgages; Land Law; Contract Law;
                                                                            Experience of
                           Civil and Property Litigation
                                                                             Company law and
                          Experience of legal research;                     corporate structure;
                           interpreting legislation and                      Insolvency; Data
                           summarising key points of relevant                Protection; Housing
                           legal case law                                    law
                          Experience of document
                           management systems and working in
                           a paperless office

     Knowledge                                                              Knowledge of
                                                                             corporate finance &
                                                                             governance
                                                                            Knowledge of data
                                                                             protection; housing
                                                                             law; procurement
                                                                             law; charity law
           Skills         Ability to prioritise and organise work          Drafting letters of
                           in order to respond to urgent                     instruction to
                           competing demands while meeting                   external solicitors

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deadlines.                                and liaising with
                          Ability to make decisions and to          them.
                           assess risk on behalf of the
                           organisation.
                          Ability to manage staff on a day to day
                           basis – prioritising tasks and
                           monitoring progress
                          Commercially astute with excellent
                           oral and written communication
                           skills
                          Proven ability of drafting, reviewing
                           and evaluating contractual
                           documentation with a wide range of
                           service providers and stakeholders.
                          Excellent judgement when under
                           pressure
       Personal           The highest degree of probity and
      Attributes           integrity
                          Personal and professional manner
                           and credibility that generate trust
                           and confidence in others
                          High degree of diplomacy and tact to
                           be able to deal with conflict
                           professionally and appropriately
 Key                  Policy, Planning and Governance.
 Competencies         Information Handling/Confidentiality.
                      Communicating and Influencing.
                      Commercial and Financial Awareness.
                      Equalities and Diversity.
                      Leadership
                      Team Working.

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Co-Ownership’s Key Competencies:
 Policy Planning and   The ability to demonstrate understanding of and commitment to the
 Governance            organisation and its vision and values. It is about working with
                       consistency, integrity and accountability.

 Information           Effective handling of confidential data or information which is data or
 handling/             information intended for or restricted to the use of a particular person,
 Confidentiality       group, or class, or which contains information whose unauthorised
                       disclosure could be prejudicial.

 Communicating and     Developing relationships external to the organisation with a diverse range
 Influencing           of people that enable Co-Ownership to best serve the housing
                       marketplace. Using well-reasoned arguments to convince and persuade
                       where necessary to achieve a win-win solution. Developing relationships
                       internally which ensure organisational integration and effectiveness
                       alongside improvement of service.

 Customer focus        Customer focus is the commitment to putting customers first and ability to
                       deliver a consistently high quality service .Customers are both internal
                       (i.e. colleagues) and external (i.e. the community, tenants/service users
                       or other organisations).

 Commercial and        The combination of knowledge and skills that enables successful delivery
 Financial awareness   of the agreed business performance that our key stakeholders and Board
                       requires. Ensuring that we use the relevant financial and market
                       information effectively to inform our plans and make effective commercial
                       decisions.

 Equalities and        The recognition and valuing of difference in the broadest sense. It is
 Diversity             about creating a working culture and practices that recognise, respect,
                       value and harness diversity for the benefit of the organisation and all
                       individuals.

 Leadership            Leadership is the clear setting of goals and objectives linked to the
                       organisation’s vision. It is also about encouraging, supporting and
                       inspiring others to develop confidence, capability and to realise their full
                       potential.

 Team Working          Uses interpersonal skills to work co-operatively with colleagues, internal
                       and external partners, working pro-actively across cultures and
                       organisational boundaries, sharing information, new knowledge,
                       innovation and ideas.

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Remuneration:

Salary:                     Starting salary is £38,890 gross per annum on Spinal
                            Column Points 35 - 38 currently £38,890 - £41,881
                            gross per annum (pro-rata).

Health and Well-being:      We offer a range of Health and Well-being options to
                            our staff including access to employee health checks,
                            flu vaccination, staff lunches and opportunities to
                            volunteer.

Hours of Work:              This post is full time (37 hours per week) and based
                            in Co-Ownership’s office in Belfast City Centre.
                            Flexi-time is available for this role.

Pension Scheme:             Northern Ireland Local Government Officers
                            Superannuation Scheme (NILGOSC).               Co-
                            Ownership makes an employer’s contribution of 19%.
                            Staff contributions range from 5.5% to 8.5%.

Private Health Insurance:   This is offered to all permanent staff. Additional
                            membership for other family members can be
                            purchased through salary deduction.

Annual Leave:               Annual leave for this role starts at 25 days plus 12
                            public holidays (if no prior service is recognised).

Learning & Development:     Personal Development opportunities are encouraged
                            for all staff and Co-Ownership will pay for one
                            relevant professional membership.      In addition,
                            attendance at any relevant seminars/conferences is
                            encouraged and there is potential for supported
                            external study.

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The Selection Process:

Application is by submission of an application form.

Shortlisting:
After the closing date has passed, all applications will be shortlisted against the
essential criteria, as described in the Person Specification and on the basis of the
information provided in the application form.

You will be asked to provide specific examples of how you feel you meet the Essential
Criteria as per the Person Specification. Desirable criteria may be used by the
Selection Panel to enhance and facilitate the shortlisting process.

Co-Ownership reserves the right to use occupational testing or assessment as part of
the recruitment process.

Applicants who appear, on the basis of the information provided within their
application, to best meet the criteria will proceed to the next stage of the recruitment
process.

Full details will be provided to all candidates in letter of invitation to each stage of the
process.

Interviews:
Only in exceptional cases will rescheduling of the interview date be allowed. If Co-
Ownership uses assessments or other testing then the interviews will take place once
this part of the selection process has been completed.

Appointment:
All applicants who are interviewed will be informed of the decision of the outcome of
their applications shortly after all interviews are complete.

Appointment is subject to satisfactorily meeting all pre-employment requirements
including proof of qualifications, satisfactory references, pre-employment health
questionnaire and Proof of Right to Work in the UK.

All applicants will be required to provide up to date contact details for 2 referees, one of
which should be your current (or most recent) employer. Referees will be approached
after conditional offer has been accepted by the applicant. We will not accept a referee
who is related to the applicant.

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Proposed dates for this recruitment:

Closing date:        12:00 pm, Monday 25th January 2021

Short-listing:       w/c 25th January 2021

Interviews:          w/c 1st February 2021

Please note that these timeframes are indicative and provided for information purposes
only at this stage.

Further information/Queries:

Any queries should be directed to recruitment@co-ownership.org.

Equal Opportunities Monitoring Form:

Northern Ireland Co-Ownership Association (Co-Ownership) is committed to equality
of opportunity. Applicants are required to complete the Equal Opportunities Monitoring
Form and return at the same time as their application. The information is purely for
monitoring purposes. It is not made available to the selection panel and does not play
a role in the decision-making process. If the Monitoring Form is not returned then the
application will be deemed to be incomplete.

Other Information:

If your application is short-listed and you are invited to interview then we will supply you
with a declaration form to declare appropriate criminal convictions as defined within the
Rehabilitation of Offenders (NI) Order (1978) or all convictions as defined within the
Rehabilitation of Offenders (Exceptions) Order (NI) (1979) – (amended by 1987, 2001,
2003 and 2009 Orders).

Full guidance and definitions are supplied with these forms but applicants should be
aware of the existence of these forms and the necessity to complete them as accurately
as possible.

Once a decision has been reached to conditionally offer a post to an applicant the
convictions declaration form will be opened and reviewed. Should the information
contained therein require further clarification, a member of Human Resources will

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contact the applicant. If you are concerned and would like to seek further guidance then
you are advised to contact NIACRO (in confidence) on 028 90320157.

Return of Application Forms:

Completed application and monitoring forms must be returned by 12:00pm, Monday
25th January 2021 to:-

recruitment@co-ownership.org

We regret late applications will not be accepted.

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