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Paragraph 18 Directions where special measures order is varied or revokedI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a residential property tribunal varies or revokes a special measures order, it may give directions to any person with respect to—

(a)

any matter relating to the variation or revocation, and

(b)

any incidental or ancillary matter.

(2)

Where a residential property tribunal revokes a special measures order, it must direct the outgoing special measures manager to—

(a)

prepare a reconciliation account, and

(b)

give a copy of the account to—

(i)

the building safety authority or fire safety authority on whose application the special measures order was made, and

(ii)

each relevant accountable person.

(3)

Where the tribunal revokes the order, it may give a direction under sub-paragraph (1)(a) (at the time when it revokes the order or after that time) for the making of a payment—

(a)

by a relevant accountable person to the outgoing special measures manager, or

(b)

by the outgoing special measures manager to a relevant accountable person.

(4)

In sub-paragraphs (2) and (3)—

  • “outgoing special measures manager” (“rheolwr mesurau arbennig ymadawol”) means the person who was the special measures manager immediately before the special measures order was revoked;

  • “reconciliation account” (“cyfrif cysoni”) means a document—

    1. (a)

      setting out, in relation to the period during which the special measures order was in force, a comparison between—

      1. (i)

        the receipts and costs of the manager in connection with the exercise of the manager’s functions, and

      2. (ii)

        the credits to, and debits from, all relevant accounts, and

    2. (b)

      containing a statement explaining any differences;

  • “relevant account” (“cyfrif perthnasol”) means an account in which any of the following are (or have been) held—

    1. (a)

      payments made by a relevant accountable person to the manager;

    2. (b)

      amounts received by the manager by way of commonhold building safety income;

  • “relevant accountable person” (“person atebol perthnasol”) means an accountable person to whose building safety functions the special measures order applied immediately before it was revoked.

Annotations

Commencement

I1

Sch. 2 para. 18 not in force at Royal Assent, see s. 138(2)