Before making regulations under subsection (1), the Secretary of State must consult—
the Welsh Ministers,
the Scottish Ministers, and
the relevant Northern Ireland department.
Provision made by virtue of subsection (1)(a) may provide for exceptions to the requirement to become a member of the scheme.
Provision made by virtue of subsection (1)(a) or (b) may require persons who are members of the new homes ombudsman scheme to—
obtain a certificate confirming their membership of the scheme;
display or publish the certificate in accordance with the regulations;
produce a copy of the certificate, on request, in accordance with the regulations.
Provision made for the imposition of a civil sanction by virtue of subsection (1)(d) must include—
provision for appeals to a court or tribunal against the imposition of the sanction, and
such other provision as the Secretary of State considers appropriate for safeguarding the interests of persons on whom the sanction may be imposed.
Provision made by virtue of subsection (1)(d) or (e) may—
confer functions on a person (including functions involving the exercise of a discretion);
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.
The Secretary of State may make payments to a person on whom functions are conferred by virtue of subsection (6).
In this section, "the relevant Northern Ireland department" means—
the Northern Ireland department designated for the purposes of this section by the First Minister and deputy First Minister acting jointly, or
failing such a designation, the Executive Office in Northern Ireland.