Part 5: Other provisions about safety standards, etc. New Homes Ombudsman scheme Section 139: Regulations under section 138 Proposed use of the power
It is envisaged that the definition of developer in section 138 will capture those persons who Government intends to become members of the redress scheme. However, it is acknowledged that developers use a variety of corporate structures and vehicles, and this will be kept under review.
	The relevant national authorities for homes in England, Scotland, Wales and Northern Ireland may have specific policy priorities or identify specific issues in relation to those respective countries. The power within section 138(6)(b) has therefore been granted to the Welsh and Scottish Ministers, and a designated Northern Ireland department as well as the Secretary of State.
	This section sets out that regulations made for this purpose must be made by statutory instrument using the affirmative procedure within the UK Parliament, the Senedd Cymru and the Scottish Parliament, and by statutory rule using the affirmative procedure within the Northern Ireland Assembly. This section further sets out that those regulations may make different provision for different purposes or may contain consequential, supplementary, incidental, transitional or saving provision in relation to regulations regarding an additional description of a developer. For example, there may be circumstances in future where the legislation does not work as intended in the context of a new person described as a developer without some further consequential or supplementary provision.
	Other circumstances may arise where transitional or saving provision are required, such as where regulations are made by the national relevant authority to add a description of a developer and those now included within that definition need time to become members of the new homes ombudsman scheme. Likewise, there may be some circumstances where exceptions should be made in relation to a new additional description of developer set out in the regulations.