Schedules
Schedule 7Special measures
I114Variation or discharge of special measures order
1
The tribunal may vary or discharge a special measures order relating to a higher-risk building on an application by—
a
the regulator,
b
an accountable person for the building, or
c
the special measures manager for the building.
2
An application to vary a special measures order so as to change the identity of the manager may only be made by the regulator.
3
In considering whether to vary or discharge an order the tribunal must have regard to—
a
the likelihood of variation or discharge of the order resulting in a recurrence of the circumstances which led to the order being made, and
b
whether it is just and convenient in all the circumstances to vary or discharge the order.
4
Sub-paragraphs (2) and (3) do not apply on an application where each person mentioned in sub-paragraph (1) agrees to the application (and for this purpose where there is more than one accountable person each accountable person must agree).
5
Sub-paragraph (4) does not require the agreement of the special measures manager where that person lacks capacity to agree to the application.
6
Where the order is varied or discharged, the tribunal may give directions to any person with respect to—
a
any matter relating to the variation or discharge, and
b
any incidental or ancillary matter.
7
Where the order is discharged the tribunal must direct the special measures manager to—
a
prepare a reconciliation account, and
b
give a copy of the account to—
i
the regulator, and
ii
each accountable person for the building.
8
The tribunal may give a direction under sub-paragraph (6)(a) (at the time the order is discharged or after that time) for the making of a payment—
a
by an accountable person for the building to the special measures manager, or
b
by the special measures manager to an accountable person for the building.
9
In this paragraph—
“reconciliation account” means a document—
- a
setting out, in relation to the period during which the special measures order was in force, a comparison between—
- i
the receipts and expenses of the manager in connection with the exercise of their functions in relation to the building, and
- ii
the credits to, and debits from, all relevant accounts, and
- i
- b
containing a statement explaining any differences;
- a
“relevant account” means an account in which any of the following are (or have been) held—
- a
payments made by an accountable person for the building to the manager;
- b
amounts received by the manager by way of commonhold building safety assessments in relation to the building.
- a
10
In this paragraph “special measures manager”, in relation to a higher-risk building, includes the person who was the special measures manager for that building immediately before the special measures order relating to the building was discharged.