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).