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Paragraph 8 Effect of special measures order on relevant contractsI1

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)

This paragraph applies where—

(a)

a special measures order provides that the building safety functions of an accountable person for a category 1 building are to be carried out by a special measures manager, and

(b)

the manager gives to the parties to a relevant contract a notice stating that this paragraph is to apply to the contract.

(2)

While the order is in force the relevant contract has effect as if relevant rights and liabilities of the accountable person arising under the contract were rights and liabilities of the manager.

(3)

A “relevant contract” means a contract (including a lease) in respect of which the following conditions are met—

(a)

the contract is effective on the day the special measures order is made,

(b)

the accountable person is a party to the contract,

(c)

one or more rights or liabilities of the accountable person under the contract are relevant rights or liabilities, and

(d)

the special measures order provides that—

(i)

the contract is a relevant contract, or

(ii)

contracts of a description that includes it are relevant contracts.

(4)

A right or liability of the accountable person is a “relevant right or liability” if it relates to a building safety function of the accountable person in relation to the category 1 building.

(5)

The notice under sub-paragraph (1)(b) must state which rights or liabilities of the accountable person under the relevant contract are relevant rights or liabilities.

Annotations

Commencement

I1

Sch. 2 para. 8 not in force at Royal Assent, see s. 138(2)