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5. In regulation 9 (eligibility in certain cases of persons who are not employees)—
(a)in paragraph (1) omit the word “or” at the end of sub-paragraph (f) and after sub-paragraph (g) insert—
“; or
(h)the Housing Ombudsman.”;
(b)after paragraph (7A) insert—
“(7B) If the Housing Ombudsman is an active member, that Ombudsman must be treated as being in the employment of the Housing Ombudsman but any decision by the Ombudsman in the capacity of employing authority which affects the benefits to which the Ombudsman is or may be entitled, has effect only if confirmed in writing by the person who is chair of the Housing Ombudsman’s Audit and Risk Committee(1).”;
(c)in paragraph (8) at the end insert—
“Housing Ombudsman” means an individual appointed as housing ombudsman by the Secretary of State under Schedule 2 to the Housing Act 1996(2); and
“Housing Ombudsman Service” means a scheme for the investigation of complaints approved by the Secretary of State under that Act.”.
The Housing Ombudsman is required by the Scheme approved by the Secretary of State under paragraph 3 of Schedule 2 to the Housing Act 1996 (c. 52) to appoint an Audit and Risk Committee to scrutinise the operation of the Scheme.
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