Localism Act 2011

181 Transfer of functions to housing ombudsman

(1) In Schedule 5 to the Local Government Act 1974 (matters not subject to investigation by a Local Commissioner)—

(a) after paragraph 5 insert—

“5A Action which—

(a) is taken by or on behalf of a local authority in its capacity as a registered provider of social housing, and

(b) is action in connection with its housing activities so far as they relate to the provision or management of social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008).

5B In the case of a local authority which is a registered provider of social housing, action taken by or on behalf of the authority in connection with the management of dwellings owned by the authority and let on a long lease (and here “long lease” has the meaning given by section 59(3) of the Landlord and Tenant Act 1987).”, and

(b) in paragraph 6 for the words from “not action” to the end substitute “—

(a) action in connection with functions in relation to social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008), or

(b) action in connection with functions in relation to anything other than housing.”

(2) The Housing Act 1996 is amended as follows.

(3) In section 51(2) (investigation of complaints against social landlords) before paragraph (a) insert—

“(za) a local authority in England which is a registered provider of social housing,”

(4) In Schedule 2 (schemes for the investigation of housing complaints)—

(a) in paragraph 1(1) after “social landlord” insert “, other than a local housing authority,”,

(b) after paragraph 1(1) insert—

“(1A) A social landlord which is a local housing authority must be a member of an approved scheme covering, or more than one scheme which together cover—

(a) action which—

(i) is taken by or on behalf of the authority in its capacity as a registered provider of social housing, and

(ii) is action in connection with its housing activities so far as they relate to the provision or management of social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008), and

(b) action taken by or on behalf of the authority in connection with the management of dwellings owned by the authority and let on a long lease (and here “long lease” has the meaning given by section 59(3) of the Landlord and Tenant Act 1987).”, and

(c) after paragraph 11(1) insert—

“(1A) If a change in the method of calculation under sub-paragraph (1) would result in a member’s subscription being more than it would otherwise be, the change may be made only if the Secretary of State approves it.

(1B) An approved scheme’s total defrayable expenses for a period may be more than the scheme’s total defrayable expenses for the immediately-preceding corresponding period only if the Secretary of State approves the increase.

(1C) In sub-paragraph (1B) “defrayable expenses”, in relation to a scheme, means expenses of the scheme that are to be defrayed by subscriptions from members of the scheme.”

(5) The Secretary of State may, in consequence of the amendments made by this section, make a scheme (“a transfer scheme”) transferring property, rights and liabilities of the Commission for Local Administration in England to a person administering a scheme approved under Schedule 2 to the Housing Act 1996.

(6) The things that may be transferred under a transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred, and

(b) property acquired, and rights and liabilities arising, after the making of the scheme.

(7) A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular—

(a) create rights, or impose liabilities, in relation to property or rights transferred,

(b) make provision about the continuing effect of things done by or in relation to the transferor in respect of anything transferred,

(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred,

(d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee,

(e) make provision for the shared ownership or use of property, and

(f) if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.

(8) A transfer scheme may provide—

(a) for modification by agreement, and

(b) for modifications to have effect from the date when the original scheme came into effect.

(9) In this section—

• “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246),

• references to rights and liabilities include rights and liabilities relating to a contract of employment, and

• references to the transfer of property include the grant of a lease.

(10) Subsection (1) applies only in relation to complaints made to a Local Commissioner after the coming into force of that subsection.

(11) Subsection (3) or (4) applies only in relation to complaints made to a housing ombudsman after the coming into force of that subsection.