Schedules
Schedule 7Special measures
I113Notification by regulator before applying to vary special measures order
1
This paragraph applies where the regulator proposes to make an application under paragraph 14 to vary a special measures order relating to a higher-risk building.
2
The regulator must give a notice (an “initial notice”) of the proposal to—
a
each accountable person for the building,
b
each resident of the building who is aged 16 or over,
c
each owner of a residential unit in the building,
d
any managing agent for the building or any relevant part of the building,
e
any recognised tenants’ association for the building or any part of the building,
f
any manager appointed under section 24 of the Landlord and Tenant Act in relation to the building or any part of the building,
g
the fire and rescue authority for the area in which the building is situated,
h
the local housing authority for the area in which the building is situated,
i
where any accountable person for the building is a registered provider of social housing, the Regulator of Social Housing, and
j
where any part of the building contains premises occupied for the purposes of a business, each responsible person (within the meaning of article 3 of the Regulatory Reform (Fire Safety) Order 2005) in relation to those premises.
3
The initial notice must—
a
state that the regulator proposes to make an application to vary the special measures order specified in the notice,
b
specify the reasons for the proposed application,
c
specify the terms of the order that the regulator proposes to invite the tribunal to make,
d
specify a period in which recipients of the notice may make representations in response to the notice, and
e
state that any representations must be in writing to such postal or email address as is specified in the notice.
4
After the end of the period mentioned in sub-paragraph (3)(d) the regulator must—
a
decide whether to make the application, and
b
give a notice (a “final notice”) of its decision to the persons mentioned in sub-paragraph (2).
5
The final notice must—
a
state whether or not the regulator intends to make the application,
b
specify the reasons for reaching that decision, and
c
if the regulator intends to make the application, specify the terms of the order that the regulator intends to invite the tribunal to make.
6
The regulator must comply with sub-paragraphs (4) and (5) before making the application.
7
The duty under sub-paragraph (2) or (4)(b) does not apply in relation to a person mentioned in sub-paragraph (2) if the regulator—
a
is not aware of the person, and
b
has taken all reasonable steps to ascertain the identity of the persons mentioned in that sub-paragraph.
8
In this paragraph “relevant part”, in relation to a higher-risk building, has the meaning given by paragraph 2(10).
9
The Secretary of State may by regulations make provision in relation to notices under this paragraph, including in particular provision about—
a
the form of the notice;
b
the way in which the notice must be given.
10
The Secretary of State may by regulations amend the list in sub-paragraph (2).