Section 51 Schemes for investigation of complaints.I1

England and Wales

(1)

The provisions of Schedule 2 have effect for the purpose of enabling tenants and other individuals to have complaints against social landlords investigated by a housing ombudsman in accordance with a scheme approved by the Secretary of State.

(2)

For the purposes of that Schedule a “social landlord” means—

F1(za)

a local authority in England which is a registered provider of social housing,

F2(a)

a F3private registered provider of social housing,

(b)

a transferee of housing pursuant to F4—

(i)

a large scale disposal, within the meaning of section 34 of the Housing Act 1985, for which consent was required under section 32 or 43 of that Act; or

(ii)

a qualifying disposal that was made under section 135 of the M1Leasehold Reform, Housing and Urban Development Act 1993;

(c)

a body which has acquired dwellings under Part IV of the M2Housing Act 1988 (change of landlord: secure tenants); or

C1(d)

any other body which was at any time registered with F5the Regulator of Social Housing or the F6Housing Corporation, or with Housing for Wales, and which owns or manages publicly-funded dwellings.

(3)

In subsection (2)(d) a “publicly-funded dwelling” means a dwelling which was—

(a)

provided by means of a grant under—

F7section 19 of the Housing and Regeneration Act 2008 (financial assistance) where the grant was made on condition that the recipient provides social housing F8...,
section 18 of this Act (social housing grant), or
section 50 of the Housing Act 1988, section 41 of the M3Housing Associations Act 1985, or section 29 or 29A of the M4Housing Act 1974 (housing association grant)F9, or a grant from the Greater London Authority which was a grant made on condition that the recipient provides social housing; or F10...

(b)

acquired on a disposal by a public sector landlord.

F11(3A)

In subsection (3) “provides social housing” has the same meaning as in Part 1 of the Housing and Regeneration Act 2008.

(4)

The Secretary of State may by order add to or amend the descriptions of landlords who are to be treated as social landlords for the purposes of Schedule 2.

(5)

Before making any such order the Secretary of State shall consult such persons as he considers appropriate.

(6)

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F12(7)

This section shall not apply in relation to social landlords in Wales (within the meaning given by F13section 78 of the Public Services Ombudsman (Wales) Act 2019).

F14(7)

Section 52 shall apply to an order under subsection (4) (with any necessary modifications).

Annotations

Commencement

I1: S. 51 wholly in force 1.4.1997; s. 51 not in force at Royal Assent see s. 232(3); s.51 in force for certain purposes at 1.8.1996 by S.I. 1996/2048, art. 2; s. 51(1) in force so far as not already in force and 51(2)-(6) in force at 1.4.1997 by S.I. 1997/618, art. 2 (subject to the limitation in (2) of that art.)

Notes on Part I

Textual amendments

F1: Pt. I title substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), ss. 61(1), 325(1); S.I. 2010/862, art. 2 (with Sch.)
F2: Words in Pt. I title substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 2; S.I. 2011/2475, arts. 1(2), 2(u)

Modifications

C1: Part I (ss. 1-64) amended (1.10.1996) by S.I. 1996/2325, art.3
C2: Pt. 1: The system of "registered social landlords" under this Part is replaced (8.9.2008 for specified purposes and 1.12.2008, 16.2.2009, 1.4.2009, 7.9.2009 and 1.4.2010 for further purposes) by Housing and Regeneration Act 2008 (c. 17), Pt. 2. This Part continues to apply in relation to Wales with certain provisions applied in relation to England and certain provisions preserved although they apply to England only, see s. 60 of the affecting Act; S.I. 2008/2358, art. 3; S.I. 2008/3068, art. 3 (with arts. 6-13); S.I. 2009/363, art. 2; S.I. 2009/803, art. 7; S.I. 2009/2096, art. 2(1); S.I. 2010/862, art. 2 (with Sch.)

Notes on Housing ombudsman

Textual amendments

F1: Word in s. 51 cross-heading substituted (20.9.2023) by Social Housing (Regulation) Act 2023 (c. 36), ss. 41(2), 46(2)

Section 51 Schemes for investigation of complaints.I1

Annotations

Textual amendments

Marginal citations

Modifications

Commencement

Notes on Part I

Textual amendments

Modifications

Notes on Housing ombudsman

Textual amendments