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Part IU.K. [F1Social Rented Sector [F2regulated by the Welsh Ministers]]

Textual Amendments

F1Pt. I title substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1), 325(1); S.I. 2010/862, art. 2 (with Sch.)

F2Words in Pt. I title substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 2; S.I. 2011/2475, arts. 1(2), 2(u)

Modifications etc. (not altering text)

C1Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3

C2Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Chapter VU.K. Miscellaneous and general provisions

Housing [F3ombudsman] E+W

Textual Amendments

51 Schemes for investigation of complaints.E+W

(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—

[F4(za)a local authority in England which is a registered provider of social housing,]

[F5(a)a [F6private registered provider] of social housing,]

(b)a transferee of housing pursuant to [F7—

(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 [F8the Regulator of Social Housing or] the [F9Housing 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—

(b)acquired on a disposal by a public sector landlord.

[F14(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.

[F15(7)This section shall not apply in relation to social landlords in Wales (within the meaning given by [F16section 78 of the Public Services Ombudsman (Wales) Act 2019]).]

[F17(7)Section 52 shall apply to an order under subsection (4) (with any necessary modifications).]

Textual Amendments

F4S. 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)

F8Words 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.)

F9Words 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.

F12Words 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)

F13Word 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)

Modifications etc. (not altering text)

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.)

Marginal Citations

[F1851ZAPower of housing ombudsman to issue guidance to scheme membersE+W

(1)This section applies where a scheme is approved by the Secretary of State under Schedule 2.

(2)The housing ombudsman may issue to the members of the scheme guidance as to good practice in the carrying on of housing activities covered by the scheme.

(3)Before issuing, revising or replacing guidance under this section, the housing ombudsman must consult—

(a)the Regulator of Social Housing,

(b)members of the scheme, and

(c)individuals who may make complaints under the scheme.

(4)If the housing ombudsman issues, revises or replaces guidance under this section, the housing ombudsman must publish the guidance, the revised guidance or (as the case may be) the replacement guidance.

(5)Subsection (7) applies if—

(a)an individual makes a complaint against a member of the scheme,

(b)the complaint is made under the scheme or the conditions in subsection (6) are met in relation to the complaint, and

(c)it appears to the housing ombudsman that the complaint relates to a matter to which guidance issued by the ombudsman under this section relates.

(6)The conditions referred to in subsection (5)(b) are that—

(a)the complaint is made to the member of the scheme,

(b)the complaint is one that the individual could subsequently make under the scheme, and

(c)the individual has notified the ombudsman about the complaint.

(7)The housing ombudsman may order the member of the scheme to—

(a)assess whether the member’s policies and practices in relation to the matter mentioned in subsection (5)(c) are consistent with the guidance issued by the ombudsman under this section in relation to that matter, and

(b)within a period specified in the order, submit to the ombudsman a written statement of the results of the assessment.

(8)If a member of the scheme fails to comply with an order under subsection (7) within the period specified in the order, the housing ombudsman may order the member to publish in such manner as the ombudsman sees fit a statement that the member has failed to comply with the order.

(9)If a member of the scheme fails to comply with an order under subsection (8), the housing ombudsman may—

(a)take such steps as the ombudsman considers appropriate to publish what the member ought to have published, and

(b)recover from the member the costs of doing so.

(10)In this section, “the housing ombudsman” means the housing ombudsman appointed in accordance with the scheme.]

Textual Amendments

F1951A Social Housing Ombudsman for WalesE+W

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Textual Amendments

F1951BInvestigation of complaintsE+W

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Textual Amendments

F1951CMeaning of “social landlord in Wales”E+W

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Textual Amendments