Prospective

PART 3 E+W ENFORCEMENT AND INVESTIGATORY POWERS

Special measures in relation to category 1 buildings E+W

109 Appointment of special measures manager for category 1 building E+W

(1) A residential property tribunal may, on an application by the building safety authority or fire safety authority for an occupied category 1 building, make a special measures order in relation to the building.

(2) A special measures order is an order appointing a person to be a special measures manager for the building to carry out the building safety functions of—

(a) the accountable person for the building, if there is one accountable person, or

(b) one or more accountable persons for the building that are specified in the order, if there is more than one accountable person.

(3) The order may also appoint the special measures manager to carry out any function as a receiver in relation to commonhold building safety income relating to the building.

(4) A residential property tribunal may make a special measures order only if it is satisfied that—

(a) each accountable person to whose building safety functions the order is to apply has been guilty of—

(i) a serious failure to comply with a duty imposed by this Act or regulations made under it, or

(ii) a failure to comply with such a duty on two or more occasions,

(b) a special measures order has not already been made in relation to the building (unless any order that has been made has been revoked), and

(c) the person to be appointed as the special measures manager is an individual or body having sufficient expertise or experience to carry out the functions conferred by the order.

(5) The Welsh Ministers may by regulations specify requirements that an individual or body must satisfy to be regarded as having sufficient expertise or experience for that purpose (including requirements for particular qualifications or for accreditation by, or membership of, a particular organisation).

(6) A special measures order must make provision about the arrangements for funding the exercise of the functions of the special measures manager.

(7) That provision may include provision for an accountable person to whose building safety functions the order applies to make payments to the special measures manager in connection with costs incurred, or to be incurred, by the manager in connection with the exercise of the manager’s functions.

(8) A special measures order may not make provision under subsection (6) in relation to a building that is on commonhold land (within the meaning given by section 1 of the Commonhold and Leasehold Reform Act 2002 (c. 15)).

(9) A special measures order may provide for—

(a) any other matter relating to the exercise of the functions of the special measures manager;

(b) any incidental or ancillary matter.

(10) In Schedule 2—

(a) Part 1 makes provision about the procedure to be followed by a building safety authority or fire safety authority before it applies for a special measures order;

(b) Part 2 makes further provision about the effect and implementation of a special measures order;

(c) Part 3 provides for the review, variation and revocation of a special measures order;

(d) Part 4 contains supplementary provisions about special measures orders.

(11) In this section and that Schedule—

• “building safety function” (“swyddogaeth diogelwch adeiladau”), in relation to an accountable person, means a function of the person under this Act or regulations made under it;

• “commonhold building safety income” (“incwm diogelwch adeilad cyfunddaliadol”) means income raised from commonhold unit-holders by virtue of provision made by a commonhold community statement under section 38A of the Commonhold and Leasehold Reform Act 2002.

Commencement Information

I1 S. 109 not in force at Royal Assent, see s. 138(2)