Section 181: Transfer of functions to housing ombudsman, Localism Act 2011

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

after paragraph 5 insert—5AAction which—ais taken by or on behalf of a local authority in its capacity as a registered provider of social housing, andbis 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).5BIn 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

in paragraph 6 for the words from "not action" to the end substitute— aaction 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), orbaction in connection with functions in relation to anything other than housing.

The Housing Act 1996 is amended as follows.

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

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

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

after paragraph 1(1) insert—1AA 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—aaction which—iis taken by or on behalf of the authority in its capacity as a registered provider of social housing, andiiis 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), andbaction 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

after paragraph 11(1) insert—1AIf 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.1BAn 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.1CIn 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.

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.

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

property, rights and liabilities that could not otherwise be transferred, and

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

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

create rights, or impose liabilities, in relation to property or rights transferred,

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

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,

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,

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

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

A transfer scheme may provide—

for modification by agreement, and

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

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.

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

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

Section 181: Transfer of functions to housing ombudsman

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