Subsection (1) requires the Secretary of State to make regulations setting out the conditions that a scheme must meet before being approved or designated under section 64, subsection (2)(b).
	Subsections (2)(a) and (b) provide for, in accordance with regulations, the appointment of an independent individual to be in charge of investigating and determining complaints under a scheme, their terms and conditions and the termination of their appointment. While the sections make no explicit reference to an "Ombudsman" or "Head of Redress", the intent is that subsection (2)(a) will allow for this or for a similar post to be created and appointed by the Secretary of State or scheme administrator depending on the redress delivery model.
	Subsection (2)(c) requires the scheme to make provision about the types of complaints that may be made under a scheme, including complaints about the failure to comply with any code of practice approved or issued by the Secretary of State.
	Subsections (2)(d) and (e) require the scheme to include provision about the length of time a landlord will be allowed to resolve their tenant’s complaint in the first instance before the tenant can escalate to the scheme, and the circumstances in which a scheme might reject a complaint.
	Subsections (2)(f) and (g) make provision about co-operation with other organisations involved in complaint handling or enforcement bodies when handling tenants’ complaints, including provision for joint investigations where appropriate, and for the sharing of information with the Secretary of State and the other bodies referred to in subsection (2)(f).
	Subsections (2)(h) and (i) require the scheme to say if members need to pay a fee for the mandatory redress service and, if so, to make provision about the amount or amounts of those fees. Where there are voluntary aspects of the scheme, fee information must also be provided about those aspects.
	Subsection (2)(j) enables the redress scheme to compel a landlord to award redress to tenants, including, but not limited to, requiring a landlord to issue an apology or explanation, and/or pay compensation to a tenant, and/or take or cease taking an action.
	Subsections (2)(k), (l), (m) and (n) provide for a scheme to take action against landlords who do not adhere to their redress membership conditions – to include failing to adhere to an approved scheme’s decision. Regulations must specify the circumstances under which the scheme can expel a member which may include barring a landlord from joining any approved scheme unless they take the steps and meet the conditions set out in regulations. Meeting such conditions will then allow a landlord to either rejoin the scheme from which they were expelled, or to join another scheme if their original scheme has ceased to operate. Regulations must also require a scheme to take steps to ensure compliance before considering expulsion, and make provision for decisions to expel to be reviewed by an independent person prior to the expulsion taking effect. Expelled landlords will be in breach of the requirement to be a member of an approved scheme, and therefore at risk of enforcement action under sections 66 and 67 if they continue to meet the criteria for mandatory membership under section 64.
	Subsections (2)(o) and (p) make provision for the transfer of scheme administration to another body, and the closure of an approved scheme. Subsection (6) allows for regulations to be made for the administration of a scheme to be transferred to the Secretary of State or a body acting on behalf of the Secretary of State. Any scheme transferred in this way may become a designated, rather than an approved, scheme.
	Subsection (3) clarifies that regulations made under subsection (1) can impose conditions which require an approved or designated redress scheme to continuously meet certain conditions of approval while in operation.
	Subsection (4)(a) allows the Secretary of State to set out in regulations how the redress scheme will be able to set compulsory fees with reference to "scheme costs" as defined in section 65, subsection (10). It clarifies that "voluntary aspects" of the scheme, as defined in 65, subsection (10), may also be funded through the compulsory fee. Subsection (4)(b) provides that fees for any voluntary aspects of the redress scheme must be calculated based on the costs of running those aspects and be sufficient to meet those costs.
	Subsection (7) clarifies that the conditions listed under subsection (2) to (6) are non-exhaustive, meaning the Secretary of State has discretion to add more conditions in regulations.
	Subsection (8) allows the Secretary of State to make regulations to determine the number of approved or designated landlord redress schemes, the process for making applications for approval, the time that approval or designation will remain valid once granted, and the conditions and process for approval or designation to be withdrawn or revoked.
	Subsection (9) provides that regulations made under section 65 may confer functions on the Secretary of State or authorise or require a scheme to do so. It also provides for the delegation of such functions.
	Subsection (10) defines terms for the purposes of distinguishing between compulsory and voluntary aspects of the scheme and between compulsory and voluntary membership. It also clarifies that the "scheme costs" may include: the establishment and administration of a redress scheme; the performance of other functions provided for by the redress sections in Chapter 2 of Part 2 of this Act; and the performance of any other functions under the scheme. Such costs may include those incurred by the administrator or head of redress in connection with enforcement, but not the costs of the enforcement authorities themselves.
Part 2: Residential landlord Chapter 2: Landlord Redress Schemes Section 65: Approval and designation of landlord redress schemes Effect