Part 5Other provision about safety, standards etc
New homes ombudsman scheme
I1140Power to require persons to join scheme and to provide information
1
The Secretary of State may by regulations—
a
require persons who are developers, or developers of a specified description, to become members of the new homes ombudsman scheme;
b
require persons who are required to become members of the scheme under paragraph (a) to remain members of the scheme for a period specified in the regulations (even if they are no longer developers);
c
require members of the scheme to inform persons of a specified description of the scheme;
d
make provision for civil sanctions to be imposed in respect of a breach of a requirement imposed by regulations under paragraph (a), (b) or (c);
e
make provision for the investigation of suspected breaches of such a requirement.
In this subsection, “developer” has the meaning given in section 138 and “specified” means specified in the regulations.
2
Before making regulations under subsection (1), the Secretary of State must consult—
a
the Welsh Ministers,
b
the Scottish Ministers, and
c
the relevant Northern Ireland department.
3
Provision made by virtue of subsection (1)(a) may provide for exceptions to the requirement to become a member of the scheme.
4
Provision made by virtue of subsection (1)(a) or (b) may require persons who are members of the new homes ombudsman scheme to—
a
obtain a certificate confirming their membership of the scheme;
b
display or publish the certificate in accordance with the regulations;
c
produce a copy of the certificate, on request, in accordance with the regulations.
5
Provision made for the imposition of a civil sanction by virtue of subsection (1)(d) must include—
a
provision for appeals to a court or tribunal against the imposition of the sanction, and
b
such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.
6
Provision made by virtue of subsection (1)(d) or (e) may—
a
confer functions on a person (including functions involving the exercise of a discretion);
b
require a person on whom functions are so conferred to have regard to any relevant guidance issued by the Secretary of State relating to the exercise of those functions.
7
The Secretary of State may make payments to a person on whom functions are conferred by virtue of subsection (6).
8
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.