Paragraph 17 Procedure before authority applies to vary special measures orderI1
England and Wales Not yet in force
A building safety authority or fire safety authority that proposes to apply to a residential property tribunal to vary a special measures order must give notice of the proposal to every other person who is an interested person in relation to the building.
The notice of the proposal must—
state that the authority proposes to apply to vary the special measures order specified in the notice;
give the authority’s reasons for proposing to make the application;
set out the terms of the order that the authority proposes to invite the residential property tribunal to make;
specify a period in which interested persons may make representations in response to the notice;
state that any representations must be made in writing and sent to a postal or email address specified in the notice.
After the end of the period mentioned in sub-paragraph (2)(d) the authority must—
decide whether to make the application, and
give notice of its decision to every other person who is an interested person in relation to the building.
The notice of the decision must—
state whether or not the authority intends to make the application;
give its reasons for reaching that decision;
if the authority intends to make the application, set out the terms of the order that the authority intends to invite the residential property tribunal to make.
Sub-paragraphs (1) and (3)(b) do not require an authority to give a notice to an interested person if the authority—
is not aware of the person, and
has taken all reasonable steps to identify the persons who are interested persons in relation to the building.
The Welsh Ministers may by regulations make provision about notices under this paragraph, including in particular provision about—
the form of a notice;
how a notice must be given.
Annotations
Commencement
- I1
Sch. 2 para. 17 not in force at Royal Assent, see s. 138(2)