Part 5: Other provisions about safety standards, etc. New Homes Ombudsman scheme Section 142: Developers’ code of practice Effect
This section allows the Secretary of State to give approval to a code of practice that covers the standards of conduct and standards of quality of work which should be met by members of the New Homes Ombudsman scheme. Alternatively, if the industry or others do not come forward, this section allows the Secretary of State to issue a code.
	If a code is issued or approved, it must be published by the Secretary of State. If the code of practice needs adjustment or replacement in the future, there is provision to allow this to happen. The Secretary of State can revise or replace it, or approve its revision/ replacement, and again such revised or replaced code must be published. In accordance with Schedule 9, where there is a code of practice which has been issued or approved then the scheme may accept complaints about non-compliance with such a code. In considering a complaint under the scheme, whatever the issue, the scheme must have regard to any code of practice that has been issued or approved.
	The Secretary of State must consult the Scottish and Welsh Ministers, and the relevant Northern Ireland department, before issuing, revising or replacing the code of practice; or before approving the code or its revision or replacement. This is designed to ensure that the Code of Practice takes into account the views of the devolved administrations, in order to take into account their policy priorities and to reflect differences in law, custom and practice between Scotland, Wales, Northern Ireland and England.
	The relevant Northern Ireland department is the department within the Northern Ireland Executive designated by the First Minister and deputy First Minister in Northern Ireland acting jointly, or the Executive Office in Northern Ireland, where a department has not been designated in this way.