In relation to subsection (9), hybrid statutory instruments affect the private interests of some members of a group more than others in the same group. These instruments are subject to a special procedure which gives those who are negatively affected by them the chance to present their arguments against the instrument to the Lords Hybrid Instruments Committee and then, possibly, to a Select Committee charged with reporting on its merits. This results in a longer Parliamentary process than typical for affirmative statutory instruments.
	If the Ombudsman is delivered through a phased rollout, the statutory instruments used under section 64 could be considered hybrid, as some landlords may be required to join the Ombudsman before others. De-hybridising the redress provisions will help to prevent delays if a phased rollout is needed, as it will preclude statutory instruments from going through the hybrid procedures. If the rollout of the Ombudsman is deemed to be hybridising, the government intends to engage with stakeholders on any approach that affects the interests of landlords or tenants differently. This would likely only apply in relation to certain phased approaches to delivering the Ombudsman.
Part 5: General Section 140: Regulations Background