Building Safety Act 2022

136 Establishment of the new homes ombudsman scheme

(1) The Secretary of State must make arrangements for there to be a scheme, to be known as the “new homes ombudsman scheme”, which meets the conditions in section 137(1).

(2) Examples of arrangements under subsection (1) are arrangements—

(a) with another person under which that other person agrees to establish and maintain the new homes ombudsman scheme in accordance with the terms of the arrangements,

(b) under which the new homes ombudsman scheme is established and maintained by (or on behalf of) the Secretary of State, or

(c) for the maintenance of the new homes ombudsman scheme, in accordance with the terms of the arrangements, by a person other than the person who established it.

(3) The Secretary of State may—

(a) give financial assistance (by way of grant, loan, guarantee or in any other form) to a person for the establishment or maintenance of the new homes ombudsman scheme;

(b) make payments to such a person (otherwise than as financial assistance) in accordance with arrangements under subsection (1).

(4) Before making arrangements under subsection (1), the Secretary of State must consult—

(a) the Welsh Ministers,

(b) the Scottish Ministers, and

(c) the relevant Northern Ireland department.

(5) 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.