Prospective
(1)The conditions referred to in section 136(1) are that—
(a)membership of the scheme is open to all developers,
(b)the scheme enables qualifying complainants to have complaints against members of the scheme investigated and determined by an independent individual, and
(c)the scheme contains the provisions required by Schedule 9.
(2)A “qualifying complainant” is a person who, at the time the complaint is made, is a relevant owner of a home which, at that time, is a new build home.
(3)The individual who is to investigate and determine complaints under the scheme is to be known as “the new homes ombudsman”.
(4)The scheme may also include provision for persons other than qualifying complainants to have complaints against members of the scheme investigated and determined under the scheme.
(5)The scheme may provide that the new homes ombudsman is not required to investigate a complaint if the new homes ombudsman is satisfied that the complaint (or a complaint which is materially the same) is being, or has been, dealt with under another redress scheme or in legal proceedings.
(6)In this section, “redress scheme” means a scheme under which complaints may be made to, and investigated and determined by, an independent person.
(7)Schedule 9 contains further provision about the new homes ombudsman scheme.
(8)Schedule 10 contains amendments connected with the establishment of the new homes ombudsman scheme.
Commencement Information
I1S. 137 not in force at Royal Assent, see s. 170(5)