Building Safety Act 2022

Prospective

140 Power to require persons to join scheme and to provide information U.K.

(1) The Secretary of State may by regulations—

(a) require persons who are developers, or developers of a specified description, to become members of the new homes ombudsman scheme;

(b) require persons who are required to become members of the scheme under paragraph (a) to remain members of the scheme for a period specified in the regulations (even if they are no longer developers);

(c) require members of the scheme to inform persons of a specified description of the scheme;

(d) make provision for civil sanctions to be imposed in respect of a breach of a requirement imposed by regulations under paragraph (a), (b) or (c);

(e) make provision for the investigation of suspected breaches of such a requirement.

In this subsection, “developer” has the meaning given in section 138 and “specified” means specified in the regulations.

(2) Before making regulations under subsection (1), the Secretary of State must consult—

(a) the Welsh Ministers,

(b) the Scottish Ministers, and

(c) the relevant Northern Ireland department.

(3) Provision made by virtue of subsection (1)(a) may provide for exceptions to the requirement to become a member of the scheme.

(4) Provision made by virtue of subsection (1)(a) or (b) may require persons who are members of the new homes ombudsman scheme to—

(a) obtain a certificate confirming their membership of the scheme;

(b) display or publish the certificate in accordance with the regulations;

(c) produce a copy of the certificate, on request, in accordance with the regulations.

(5) Provision made for the imposition of a civil sanction by virtue of subsection (1)(d) must include—

(a) provision for appeals to a court or tribunal against the imposition of the sanction, and

(b) such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.

(6) Provision made by virtue of subsection (1)(d) or (e) may—

(a) confer functions on a person (including functions involving the exercise of a discretion);

(b) require a person on whom functions are so conferred to have regard to any relevant guidance issued by the Secretary of State relating to the exercise of those functions.

(7) The Secretary of State may make payments to a person on whom functions are conferred by virtue of subsection (6).

(8) In this section, “the relevant Northern Ireland department” means—

(a) the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly, or

(b) failing such a designation, the Executive Office in Northern Ireland.

Commencement Information

I1 S. 140 not in force at Royal Assent, see s. 170(5)