Localism Act 2011

Valid from 01/04/2013

182 Transfer of functions to housing ombudsman: supplementary E+W

(1) The Local Government Act 1974 is amended in accordance with subsections (2) to (7).

(2) In section 33 (consultation between Local Commissioners and other Commissioners)—

(a) in subsection (1) after paragraph (b) insert—

“(bza) by a housing ombudsman under the Housing Act 1996,”,

(b) in subsection (2) after “Parliamentary Commissioner,” insert “ a housing ombudsman, ”,

(c) after subsection (3) insert—

“(3A) If at any stage in the course of conducting an investigation under the Housing Act 1996, a housing ombudsman forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part of the Act, the ombudsman must consult with the appropriate Local Commissioner about the complaint and, if the ombudsman considers it necessary, inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part of this Act.”,

(d) in subsection (4) after “subsection (3)” insert “ or (3A) ”, and

(e) in that subsection after “1967” insert “ or under the Housing Act 1996 ”.

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

(4) In subsection (1) (power to conduct joint investigations)—

(a) in paragraph (c) for “both” substitute “ a housing ombudsman ”, and

(b) for the words from “jointly” to the end substitute “ jointly with any also-involved ombudsman or jointly with any two or more also-involved ombudsmen. ”

(5) After subsection (1) insert—

“(1A) In subsection (1) “also-involved ombudsman” means a person within subsection (1)(a), (b) or (c) who, in the opinion of the Local Commissioner concerned, has jurisdiction in relation to a matter that is included among the matters which are the subject of the Local Commissioner's investigation.”

(6) In subsection (3) (power to conduct joint investigations)—

(a) in paragraph (c) for “both” substitute “ a housing ombudsman ”, and

(b) for the words from “jointly” to the end substitute “ jointly with a person within paragraph (a), (b) or (c) who is investigating the complaint or jointly with any two or more such persons. ”

(7) In section 34(1) (interpretation of Part 3) insert at the appropriate place—

““housing ombudsman” means a housing ombudsman under a scheme approved under Schedule 2 to the Housing Act 1996,”.

(8) In Schedule 2 to the Housing Act 1996 (housing ombudsman schemes) after paragraph 10 insert—

“Collaborative working with Local Commissioners

10A (1) If at any stage in the course of conducting an investigation under this Act a housing ombudsman forms the opinion that the complaint relates partly to a matter within the jurisdiction of a Local Commissioner, the ombudsman may, subject to sub-paragraph (2), conduct an investigation under this Act jointly with that Commissioner.

(2) A housing ombudsman must obtain the consent of the complainant or the complainant's representative before agreeing to a joint investigation referred to in sub-paragraph (1).

(3) If a housing ombudsman forms the opinion that a complaint which is being investigated by a Local Commissioner relates partly to a matter within the jurisdiction of the ombudsman, the ombudsman may conduct an investigation jointly with that Commissioner.

(4) If a housing ombudsman conducts an investigation jointly with a Local Commissioner, the requirements of paragraph 7 may be satisfied by a report made jointly with that person.

(5) A joint report made under this paragraph must distinguish determinations of a housing ombudsman from other findings or recommendations.”