2(1)A scheme shall not be approved for the purposes of this Schedule unless it makes provision for—E+W
1.The establishment or appointment of an independent person to administer the scheme.
2.The criteria for membership for—
(a)social landlords under a duty to be members of an approved scheme, and
(b)other persons.
3.The manner of becoming or ceasing to be a member.
4.The matters about which complaints may be made under the scheme.
5.The grounds on which a matter may be excluded from investigation, including that the matter is the subject of court proceedings or was the subject of court proceedings where judgment on the merits was given.
6.The descriptions of individual who may make a complaint under the scheme.
7.The appointment of an independent individual to be the housing ombudsman under the scheme.
8.The appointment of staff to administer the scheme and to assist the housing ombudsman and the terms upon which they are appointed.
9.A duty of the housing ombudsman to investigate any complaint duly made and not withdrawn, and a power to investigate any complaint duly made but withdrawn, and where he investigates to make a determination.
10.A power of the housing ombudsman to propose alternative methods of resolving a dispute.
11.The powers of the housing ombudsman for the purposes of his investigations, and the procedure to be followed in the conduct of investigations.
[F1(11A.) A power of the housing ombudsman to issue a code of practice about the procedures members of the scheme should have in place for considering complaints against them.
(11B.)A duty of the housing ombudsman to consult—
(a)the Regulator of Social Housing,
(b)members of the scheme, and
(c)individuals who may make complaints under the scheme,
before issuing, revising or replacing any such code.
(11C.)A duty of the housing ombudsman to monitor compliance with a code of practice described in item 11A that it has issued.]
12.The powers of the housing ombudsman on making a determination.
13.The making and publication of annual reports by the housing ombudsman on the discharge of his functions.
14.The manner in which determinations are to be—
(a)communicated to the complainant and the person against whom the complaint was made, and
(b)published.
15.The manner in which the [F2costs of the person administering the scheme and the scheme’s housing ombudsman] are to be defrayed by the members.
16.[F3In the case of a scheme relating to Wales, the] keeping and auditing of accounts and the submission of accounts to the Secretary of State.
[F4 16A. In the case of a scheme relating to England, the keeping of accounts.]
17.The making of annual reports on the administration of the scheme.
18.The manner of amending the scheme.
(2)The Secretary of State may by order amend sub-paragraph (1) by adding to or deleting from it any item or by varying any item for the time being contained in it.
(3)An order under sub-paragraph (2) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in Sch. 2 para. 2(1) inserted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 40(2), 46(2)
F2Words in Sch. 2 para. 2(1) substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 40(3), 46(2)
F3Words in Sch. 2 para. 2(1) substituted (21.12.2017) by The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2017 (S.I. 2017/1313), art. 1, Sch. 1 para. 3(a)
F4Words in Sch. 2 para. 2(1) inserted (21.12.2017) by The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2017 (S.I. 2017/1313), art. 1, Sch. 1 para. 3(b)
Commencement Information
I1Sch. 2 para. 2 wholly in force at 1.8.1996 see s. 232(1)-(3) and S.I. 1996/2048, art. 2 (subject to the limitation in (2) of that art.)