Part 5: Other provisions about safety standards, etc. Remediation of Certain defects Section 123 – Remediation orders Proposed use of power
The power at subsection (1) allows the Secretary of State to make regulations for and in connection with remediation orders. This will allow further detail in connection with remediation orders to be set out. The power also provides important flexibility for the future. It is expected that the Government will monitor progress with remediation following the commencement of these provisions. Should further provision need to be made in connection with remediation orders to facilitate the remediation of buildings with relevant defects, this power will provide that flexibility to respond.
	The power at subsection (5)(e) will allow the Secretary of State to prescribe further persons who can apply for a remediation order, should the need to do so become apparent.
Example
A high-rise residential building has a number of historical cladding and non-cladding defects. Despite the remediation of these defects being life-safety critical, work to remediate them has not yet started, three years after they have been identified. The fire and rescue authority inspects the building and considers that the work needs to begin to make the building safe. The landlord does not undertake the work despite leaseholders and the fire and rescue authority attempting to contact them to insist on the work getting underway. The fire and rescue authority applies to the First-tier Tribunal for a remediation order. The Tribunal issues a remediation order, ordering the landlord to remedy the defects within a specified period.