Building Safety Act 2022

Section 137(8)

Schedule 10 Amendments in connection with the new homes ombudsman scheme

1 The Local Government Act 1974 is amended in accordance with paragraphs 2 to 4.

2 (1) Section 33 (consultation between Local Commissioner and other Commissioners and Ombudsmen) is amended as follows.

(2) In subsection (1)—

(a) after paragraph (bza) insert—

“(bzb) by the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022),”;

(b) in the words after paragraph (c), after “1993” insert “, the Housing Act 1996, the new homes ombudsman scheme”.

(3) In subsection (2), after “housing ombudsman,” insert “the new homes ombudsman,”.

(4) After subsection (3A) insert—

“(3B) If at any stage in the course of conducting an investigation under the new homes ombudsman scheme, the new homes ombudsman forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part of this Act, the new homes ombudsman must consult with the appropriate Local Commissioner about the complaint and, if the new homes ombudsman considers it necessary, inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part of this Act.”

(5) In subsection (4)—

(a) for “or (3A)” substitute “, (3A) or (3B)”;

(b) for “or under the Housing Act 1996” substitute “, the Housing Act 1996 or the new homes ombudsman scheme”.

3 (1) Section 33ZA (collaborative working between Local Commissioners and others) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (b) omit the final “or”;

(b) at the end of paragraph (c) insert “or

(d) the new homes ombudsman,”.

(3) In subsection (1A) for “or (c)” substitute “, (c) or (d)”.

(4) In subsection (3)—

(a) in paragraph (b) omit the final “or”;

(b) at the end of paragraph (c) insert “or

(d) the new homes ombudsman,”;

(c) in the words following paragraph (c) for “or (c)” substitute “, (c) or (d)”.

4 In section 33ZB (arrangements for provision of administrative and other services), in subsection (4)—

(a) in paragraph (c) omit the final “and”;

(b) at the end of paragraph (d) insert—

“(e) the new homes ombudsman, and

(f) the person maintaining the new homes ombudsman scheme under arrangements made pursuant to section 136 of the Building Safety Act 2022.”

5 (1) Paragraph 10A of Schedule 2 to the Housing Act 1996 (housing complaints: collaborative working with Local Commissioners) is amended as follows.

(2) In sub-paragraph (1)—

(a) after “Local Commissioner” insert “or the new homes ombudsman”;

(b) for “the ombudsman” substitute “the housing ombudsman”;

(c) at the end insert “, the new homes ombudsman or both of them.”

(3) In sub-paragraph (3)—

(a) after “Local Commissioner” insert “or the new homes ombudsman”;

(b) for “the ombudsman”, in both places it occurs, substitute “the housing ombudsman”;

(c) at the end insert “, the new homes ombudsman or both of them.”

(4) In sub-paragraph (4)—

(a) after “Local Commissioner” insert “, the new homes ombudsman (or both)”;

(b) at the end insert “(or those persons)”.

6 (1) The Public Services Ombudsman (Wales) Act 2019 (anaw 3) is amended as follows.

(2) In section 65(7) (consultation and co-operation with other ombudsmen)—

(a) in the Welsh language text, after paragraph (e) insert—

“(f) yr ombwdsmon cartrefi newydd o dan y cynllun ombwdsmon cartrefi newydd (gweler adran 136 o Ddeddf Diogelwch Adeiladau 2022).”;

(b) in the English language text, after paragraph (e) insert—

“(f) the new homes ombudsman under the new homes ombudsman scheme (see section 136 of the Building Safety Act 2022).”