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Paragraph 21 Meaning of “interested person”I1

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)

In this Schedule “interested person”, in relation to a category 1 building, means—

(a)

an accountable person for the building;

(b)

an adult resident of the building;

(c)

an owner of a residential unit in the building;

(d)

an owner of the freehold estate in the building or in any part of it;

(e)

any managing agent for the building, or for any part of it that does not contain premises occupied for the purposes of a business or undertaking (whether for profit or not);

(f)

any recognised tenants’ association (within the meaning given by section 29 of the Landlord and Tenant Act 1985 (c. 70)) for the building or any part of it;

(g)

any person who is a responsible person for the purposes of the Fire Safety Order in relation to any premises that form part of the building;

(h)

any manager appointed under section 24 of the Landlord and Tenant Act 1987 (c. 31) in relation to the building or any part of it;

(i)

the building safety authority for the building;

(j)

any county council or county borough council in Wales, other than the building safety authority for the building, in whose area any part of the building is situated;

(k)

the fire safety authority for the building;

(l)

where any accountable person for the building is a registered social landlord, the Welsh Ministers;

(m)

where any accountable person for the building is a registered provider of social housing (within the meaning given by section 80(2) of the Housing and Regeneration Act 2008 (c. 17)), the Regulator of Social Housing.

(2)

For the purposes of sub-paragraph (1)(e) a person (“A”) is a managing agent for a category 1 building, or a part of a category 1 building, if—

(a)

A has been appointed to discharge the obligations of a person (“B”) relating to the management by B of the building or part, and

(b)

B has a legal estate in the building or part which is—

(i)

the freehold estate, or

(ii)

a lease granted for a fixed term of more than 21 years from the date of the grant, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture.

(3)

The Welsh Ministers may by regulations amend this paragraph to change the meaning of “interested person”.

Annotations

Commencement

I1

Sch. 2 para. 21 not in force at Royal Assent, see s. 138(2)