Leasehold and Freehold Reform Act 2024

Prospective

Section 110

Schedule 13 E+W Part 6: amendments to other Acts

Local Government Act 1974 E+W

1 (1) The Local Government Act 1974 is amended in accordance with paragraphs 2 to 5.

Commencement Information

I1 Sch. 13 para. 1 not in force at Royal Assent, see s. 124(3)

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

(2) In subsection (1)—

(a) before paragraph (ba) insert—

“(bzc) under a leasehold and estate management redress scheme,”;

(b) in the words after paragraph (c)—

(i) for “or Ombudsman” substitute “, Ombudsman or head of leasehold and estate management redress”;

(ii) before “the Public Services Ombudsman (Wales) Act 2005” insert “the leasehold and estate management redress scheme,”.

(3) In subsection (2)—

(a) before “the Public Services Ombudsman for Wales” insert “the head of leasehold and estate management redress,”;

(b) for “Commissioner or that Ombudsman” substitute “person”.

(4) Before subsection (4) insert—

“(3C) If at any stage in the course of an investigation under a leasehold and estate management redress scheme, the head of leasehold and estate management redress 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 head of leasehold and estate management redress must consult with the appropriate Local Commissioner about the complaint and, if the head of leasehold and estate management redress 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 (3B)” substitute “, (3B) or (3C)”;

(b) for “or the new homes ombudsman scheme” substitute “, the new homes ombudsman scheme or a leasehold and estate management redress scheme”.

Commencement Information

I2 Sch. 13 para. 2 not in force at Royal Assent, see s. 124(3)

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

(2) In subsection (1)—

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

(b) at the end of paragraph (d), insert “or

(e) an individual who investigates complaints under a leasehold and estate management redress scheme,”.

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

(4) After subsection (1A) insert—

“(1B) For the purposes of subsections (1) and (1A) a matter is “within the jurisdiction” of an individual who investigates complaints under a leasehold and estate management redress scheme if it is a matter which could be the subject of an investigation under that scheme.”

(5) In subsection (3)—

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

(b) at the end of paragraph (d), insert “or

(e) an individual who investigates complaints under a leasehold and estate management redress scheme,”;

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

Commencement Information

I3 Sch. 13 para. 3 not in force at Royal Assent, see s. 124(3)

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

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

(b) at the end of paragraph (f), insert “, and

(g) the administrator of a leasehold and estate management redress scheme.”

Commencement Information

I4 Sch. 13 para. 4 not in force at Royal Assent, see s. 124(3)

5 In section 34 (interpretation) in subsection (1), at the appropriate places insert—

• ““leasehold and estate management redress scheme” means a redress scheme within the meaning of section 100(4) of the Leasehold and Freehold Reform Act 2024 (leasehold and estate management: redress schemes);”

• ““head of leasehold and estate management redress”, in relation to a leasehold and estate management redress scheme, means the person responsible for overseeing and monitoring the investigation and determination of complaints under the scheme;”.

Commencement Information

I5 Sch. 13 para. 5 not in force at Royal Assent, see s. 124(3)

Housing Act 1996 E+W

6 (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) for “or the new homes ombudsman” substitute “, the new homes ombudsman or an individual who investigates complaints under a leasehold and estate management redress scheme”;

(b) for the words from “that Commissioner” to the end substitute “any one or more of them”.

(3) After sub-paragraph (1) insert—

“(1A) For the purposes of sub-paragraph (1) a matter is “within the jurisdiction” of an individual who investigates complaints under a leasehold and estate management redress scheme if it is a matter which could be the subject of an investigation under that scheme.”

(4) In sub-paragraph (3)—

(a) for “or the new homes ombudsman” substitute “, the new homes ombudsman or an individual who investigates complaints under a leasehold and estate management redress scheme (or two or more of them)”;

(b) for the words from “that Commissioner” to the end substitute “them”.

(5) In sub-paragraph (4) for “a Local Commissioner, the new homes ombudsman (or both)” substitute “one or more persons”.

(6) After sub-paragraph (5) insert—

“(6) In this paragraph “leasehold and estate management redress scheme” means a redress scheme within the meaning of section 100(4) of the Leasehold and Freehold Reform Act 2024.”

Commencement Information

I6 Sch. 13 para. 6 not in force at Royal Assent, see s. 124(3)

Building Safety Act 2022 E+W

7 In paragraph 3(5) of Schedule 3 to the BSA 2022—

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

(b) at the end of paragraph (d) insert “, or

(e) a redress scheme within the meaning of section 100(4) of the Leasehold and Freehold Reform Act 2024 (leasehold and estate management: redress schemes).”.

Commencement Information

I7 Sch. 13 para. 7 not in force at Royal Assent, see s. 124(3)