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(1)The provisions of Schedule 2 have effect for the purpose of enabling tenants and other individuals to have complaints against social landlords investigated by a housing ombudsman in accordance with a scheme approved by the Secretary of State.
(2)For the purposes of that Schedule a “social landlord” means—
[F1(za)a local authority in England which is a registered provider of social housing,]
[F2(a)a [F3private registered provider] of social housing,]
(b)a transferee of housing pursuant to [F4—
(i)a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act; or
(ii)a qualifying disposal that was made] under section 135 of the M1Leasehold Reform, Housing and Urban Development Act 1993;
(c)a body which has acquired dwellings under Part IV of the M2Housing Act 1988 (change of landlord: secure tenants); or
(d)any other body which was at any time registered with [F5the Regulator of Social Housing or] the [F6Housing Corporation, or with Housing for Wales,] and which owns or manages publicly-funded dwellings.
(3)In subsection (2)(d) a “publicly-funded dwelling” means a dwelling which was—
(a)provided by means of a grant under—
[F7section 19 of the Housing and Regeneration Act 2008 (financial assistance) where the grant was made on condition that the recipient provides social housing F8...,]
section 18 of this Act (social housing grant), or
section 50 of the Housing Act 1988, section 41 of the M3Housing Associations Act 1985, or section 29 or 29A of the M4Housing Act 1974 (housing association grant)[F9, or a grant from the Greater London Authority which was a grant made on condition that the recipient provides social housing; or] F10...
(b)acquired on a disposal by a public sector landlord.
[F11(3A)In subsection (3) “provides social housing” has the same meaning as in Part 1 of the Housing and Regeneration Act 2008.]
(4)The Secretary of State may by order add to or amend the descriptions of landlords who are to be treated as social landlords for the purposes of Schedule 2.
(5)Before making any such order the Secretary of State shall consult such persons as he considers appropriate.
(6)Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F12(7)This section shall not apply in relation to social landlords in Wales (within the meaning given by [F13section 78 of the Public Services Ombudsman (Wales) Act 2019]).]
[F14(7)Section 52 shall apply to an order under subsection (4) (with any necessary modifications).]
Textual Amendments
F1S. 51(2)(za) inserted (1.4.2013 for E.) by Localism Act 2011 (c. 20), ss. 181(3), 240(2) (with s. 181(11)); S.I. 2013/722, art. 2(c)
F2S. 51(2)(a) substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 124(2)(a), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F3Word in s. 51(2)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844), art. 1(2), Sch. 2 para. 23(5)
F4Words in s. 51(2)(b) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 14 para. 4(2); S.I. 2008/3068, art. 4(1)(c) (with arts. 6-13)
F5Words in s. 51(2)(d) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 124(2)(b), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F6Words in s. 51(2)(d) substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 90(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art.5.
F7Words in s. 51(3)(a) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 1 para. 8 (with art. 6, Sch. 3)
F8Words in s. 51(3)(a) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 34(2)(a), Sch. 25 Pt. 31; S.I. 2012/628, art. 6(i)(j) (with arts. 9, 11, 14, 15, 17)
F9Words in s. 51(3)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 34(2)(b); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)
F10Word in s. 51(3)(a) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 31; S.I. 2012/628, art. 6(j) (with arts. 9, 11, 14, 15, 17)
F11S. 51(3A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 34(3); S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)
F12S. 51(7) inserted (14.7.2005) by Housing Act 2004 (c. 34), ss. 228(1), 270(7); S.I. 2005/1814, arts. 1(2), 2(c)
F13Words in s. 51(7) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 17; S.I. 2019/1096, reg. 2
F14S. 51(7) added (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 124(2)(c), 325(1); S.I. 2010/862, art. 2 (with Sch.)
Modifications etc. (not altering text)
C1S. 51(2)(d) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 5 (with art. 6)
Commencement Information
I1S. 51 wholly in force 1.4.1997; s. 51 not in force at Royal Assent see s. 232(3); s.51 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 2; s. 51(1) in force so far as not already in force and 51(2)-(6) in force at 1.4.1997 by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)
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